INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDENDEATH OF GRAEME SCOTT [2011] ScotSC 196 (14 December 2011)

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDENDEATH OF GRAEME SCOTT [2011] ScotSC 196 (14 December 2011)

Graeme Scott's death was caused by a fall into an inadequately protected trench, followed by collapse of the trench wall and spoil, due to the failure to use trench boxes, lack of edge protection, and improper placement of spoil. These failures constituted defects in the system of working and were reasonable precautions that could have prevented the death. The employer provided adequate equipment and procedures, but the team leader and team failed to follow them. Permanent supervision might have prevented the accident, but the lack thereof was not a defect given the team's experience and prior compliance.

Citation
[2011] ScotSC 196
Parties
Deceased: Graeme Scott; Procurator Fiscal Depute for the Crown: Miss S Clark; Interested Party: Scottish Water; Interested Party (formerly Managing Director, Cameron & Stevenson (scotland) Limited): Mr Albert Cameron
Jurisdiction
Scotland
Judgment Date
14 December 2011
Procedural Posture
Fatal Accident Inquiry / Determination After Inquiry
Outcome
Death determined to be accidental and preventable; no finding of fault or blame apportioned.
Legal Topics
Workplace Safety, Employer Liability, Construction Site Accidents, Fatal Accident Inquiry, Health & Safety at Work Etc. Act 1974
Health and Safety Law Employment Law Public Law Workplace Safety Employer Liability Construction Site Accidents Fatal Accident Inquiry Health & Safety at Work Etc. Act 1974

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Parties

Graeme Scott

Deceased

Miss S Clark

Procurator Fiscal Depute for the Crown

Scottish Water

Interested Party

Mr Albert Cameron

Interested Party (formerly Managing Director, Cameron & Stevenson (scotland) Limited)

Procedural Posture

Fatal Accident Inquiry / Determination After Inquiry

Legal Issues

  1. 1 What were the circumstances of Graeme Scott's death?
  2. 2 What were the causes and contributing factors to the fatal accident?
  3. 3 What reasonable precautions could have prevented the death?

Ratio Decidendi

Graeme Scott's death was caused by a fall into an inadequately protected trench, followed by collapse of the trench wall and spoil, due to the failure to use trench boxes, lack of edge protection, and improper placement of spoil. These failures constituted defects in the system of working and were reasonable precautions that could have prevented the death. The employer provided adequate equipment and procedures, but the team leader and team failed to follow them. Permanent supervision might have prevented the accident, but the lack thereof was not a defect given the team's experience and prior compliance.

Court Disposition

Death determined to be accidental and preventable; no finding of fault or blame apportioned.

Orders

  • Findings made under Section 6(1)(a)-(e) of the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976.
  • Recommendations regarding use of trench boxes, edge protection, and spoil placement reiterated as reasonable precautions.