INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES SCOTLAND ACT 1976 INTO THE SUDDEN DEATH OF KENNETH MCLEAN [2011] ScotSC 104 (27 May 2011)

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES SCOTLAND ACT 1976 INTO THE SUDDEN DEATH OF KENNETH MCLEAN [2011] ScotSC 104 (27 May 2011)

Kenneth McLean died due to neck and chest injuries sustained from a fall caused by an insecure exterior hop up board on a scaffold, which lacked a tie bar. The absence of qualified scaffolders, inadequate site management, failure to enforce safety procedures, and lack of proper risk assessments and inductions contributed to the unsafe conditions leading to his death.

Citation
[2011] ScotSC 104
Parties
Deceased: Kenneth McLean; Applicant: Crown; Principal Contractor: PBL Construction Limited; Sub Contractor/employer: Talepine Limited trading as Quickseal Specialist Contractors; Interested Party: Family of the deceased
Jurisdiction
Scotland
Judgment Date
27 May 2011
Procedural Posture
Fatal Accident Inquiry / Determination
Outcome
Determination under Section 6 of the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976.
Legal Topics
Workplace Safety, Scaffold Safety, Employer Duties, Site Management, Risk Assessment, Induction Procedures
Health and Safety Employment Construction Law Workplace Safety Scaffold Safety Employer Duties Site Management Risk Assessment +1 more

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Parties

Kenneth McLean

Deceased

Crown

Applicant

PBL Construction Limited

Principal Contractor

Talepine Limited trading as Quickseal Specialist Contractors

Sub Contractor/employer

Family of the deceased

Interested Party

Procedural Posture

Fatal Accident Inquiry / Determination

Legal Issues

  1. 1 What caused the death of Kenneth McLean?
  2. 2 What precautions could have prevented the death?
  3. 3 What defects in the system of working contributed to the death?

Ratio Decidendi

Kenneth McLean died due to neck and chest injuries sustained from a fall caused by an insecure exterior hop up board on a scaffold, which lacked a tie bar. The absence of qualified scaffolders, inadequate site management, failure to enforce safety procedures, and lack of proper risk assessments and inductions contributed to the unsafe conditions leading to his death.

Court Disposition

Determination under Section 6 of the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976.

Orders

  • PBL should have eliminated the gap between the hoist and scaffold by extending the platform or using a different hoist.
  • PBL must employ qualified scaffolders for erection and alteration of Kwikstage Scaffold.