INQUIRY UNDER THEFATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF ROBERT CRAIG MACDONALD [2012] ScotSC 16 (07 February 2012)

INQUIRY UNDER THEFATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF ROBERT CRAIG MACDONALD [2012] ScotSC 16 (07 February 2012)

The death resulted from the deceased and colleagues knowingly breaching site rules by crossing a fixed barrier and using an unauthorised walkway. There was no defect in any system of working that contributed to the accident. All reasonable precautions and training were in place; the accident was not reasonably foreseeable by the employers.

Citation
[2012] ScotSC 16
Parties
Deceased: Robert Craig MacDonald; Crown: Ms Carrie MacFarlane; Contractor: Balfour Beattie Civil Engineering Limited; Sub Contractor: Thyssenkrupp Palmers Limited; Client: Network Rail; Family: MacDonald family
Jurisdiction
Scotland
Judgment Date
07 February 2012
Procedural Posture
Fatal Accident Inquiry / Determination
Outcome
Death caused by fall from height due to unauthorised access; no defect in system of working; accident not reasonably foreseeable by employers.
Legal Topics
Workplace Safety, Risk Assessment, Fatal Accident, Contractor Liability, Employee Conduct
Health and Safety Employment Construction Law Workplace Safety Risk Assessment Fatal Accident Contractor Liability Employee Conduct

Case Brief

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Parties

Robert Craig MacDonald

Deceased

Ms Carrie MacFarlane

Crown

Balfour Beattie Civil Engineering Limited

Contractor

Thyssenkrupp Palmers Limited

Sub Contractor

Network Rail

Client

MacDonald family

Family

Procedural Posture

Fatal Accident Inquiry / Determination

Legal Issues

  1. 1 Whether the death of Robert Craig MacDonald was avoidable
  2. 2 Adequacy of health and safety systems and training
  3. 3 Responsibility for unauthorised access routes

Ratio Decidendi

The death resulted from the deceased and colleagues knowingly breaching site rules by crossing a fixed barrier and using an unauthorised walkway. There was no defect in any system of working that contributed to the accident. All reasonable precautions and training were in place; the accident was not reasonably foreseeable by the employers.

Court Disposition

Death caused by fall from height due to unauthorised access; no defect in system of working; accident not reasonably foreseeable by employers.

Orders

  • No recommendations for criminal proceedings or enforcement action against any party.
  • No recommendations under Section 6(1)(d) for changes to working systems.