INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF JAMES ROBERT HUTCHINSON [2009] ScotSC 129 (27 July 2009)

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF JAMES ROBERT HUTCHINSON [2009] ScotSC 129 (27 July 2009)

The sole reasonable precaution whereby the death might have been avoided was the fitting of a guardrail along the offside length of the top of the tanker corresponding to the existing nearside guardrail. No defects in the system of working contributed to the death. Lighting, lone working, and PPE were not causative.

Citation
[2009] ScotSC 129
Parties
Deceased: James Robert Hutchinson; Applicant: Crown; Interested Party: Hutchinson Family; Interested Party: Free Range Country Pork Ltd. (Vicarsford Farm); Employer/respondent: Carntyne Transport Co. Ltd.
Jurisdiction
Scotland
Judgment Date
27 July 2009
Procedural Posture
Fatal Accident Inquiry / Determination
Outcome
Formal determination under section 6 of the 1976 Act; death caused by fall from tanker; reasonable precaution was provision of double guardrail.
Legal Topics
Workplace Safety, Employer Liability, Risk Assessment, Personal Protective Equipment, Guardrail Safety, Lighting Standards, Lone Working Procedures
Health and Safety Employment Law Fatal Accident Inquiry Workplace Safety Employer Liability Risk Assessment Personal Protective Equipment Guardrail Safety +2 more

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Parties

James Robert Hutchinson

Deceased

Crown

Applicant

Hutchinson Family

Interested Party

Free Range Country Pork Ltd. (Vicarsford Farm)

Interested Party

Carntyne Transport Co. Ltd.

Employer/respondent

Procedural Posture

Fatal Accident Inquiry / Determination

Legal Issues

  1. 1 What caused the death of James Robert Hutchinson?
  2. 2 What precautions could have prevented the death?
  3. 3 Were there defects in the system of working?

Ratio Decidendi

The sole reasonable precaution whereby the death might have been avoided was the fitting of a guardrail along the offside length of the top of the tanker corresponding to the existing nearside guardrail. No defects in the system of working contributed to the death. Lighting, lone working, and PPE were not causative.

Court Disposition

Formal determination under section 6 of the 1976 Act; death caused by fall from tanker; reasonable precaution was provision of double guardrail.

Orders

  • No formal orders issued; recommendations made regarding guardrail provision, ladder design, lighting, and head torches.