INQUIRY UNDER THE FATAL ACCIDENT AND INQUIRIES (SCOTLAND) 1976 INTO THE SUDDEN DEATH OF ANTHONY STEFAN CZERNIK [2010] ScotSC 48 (22 January 2010)

INQUIRY UNDER THE FATAL ACCIDENT AND INQUIRIES (SCOTLAND) 1976 INTO THE SUDDEN DEATH OF ANTHONY STEFAN CZERNIK [2010] ScotSC 48 (22 January 2010)

Anthony Stefan Czernik died as a result of being crushed under a forklift truck when the jack supporting it failed. The accident and death might have been avoided had the forklift truck been properly supported by blocks on both sides, which would have been a reasonable precaution. The evidence did not establish any defect in the employer's system of work or in the guidance provided by the manufacturer or premises owner. The deceased's failure to block the truck on both sides was contrary to training and safe practice.

Citation
[2010] ScotSC 48
Parties
Applicant: Crown (Procurator Fiscal); Interested Party: Family of Anthony Stefan Czernik; Interested Party: Nacco Materials Handling Limited; Interested Party: RHI Refractories UK Limited; Interested Party: Douglas Gillespie Plant Limited
Jurisdiction
Scotland
Judgment Date
22 January 2010
Procedural Posture
Fatal Accident Inquiry / Determination After Inquiry
Outcome
Formal determination under section 6 of the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976.
Legal Topics
Workplace Accident, Duty of Care, Risk Assessment, Safe System of Work, Industrial Fatality
Health and Safety Employment Law Coronial Law Workplace Accident Duty of Care Risk Assessment Safe System of Work Industrial Fatality

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Parties

Crown (Procurator Fiscal)

Applicant

Family of Anthony Stefan Czernik

Interested Party

Nacco Materials Handling Limited

Interested Party

RHI Refractories UK Limited

Interested Party

Douglas Gillespie Plant Limited

Interested Party

Procedural Posture

Fatal Accident Inquiry / Determination After Inquiry

Legal Issues

  1. 1 What were the circumstances and cause of Anthony Stefan Czernik's death?
  2. 2 Were there reasonable precautions whereby the death and accident might have been avoided?
  3. 3 Were there defects in any system of working which contributed to the death or accident?

Ratio Decidendi

Anthony Stefan Czernik died as a result of being crushed under a forklift truck when the jack supporting it failed. The accident and death might have been avoided had the forklift truck been properly supported by blocks on both sides, which would have been a reasonable precaution. The evidence did not establish any defect in the employer's system of work or in the guidance provided by the manufacturer or premises owner. The deceased's failure to block the truck on both sides was contrary to training and safe practice.

Court Disposition

Formal determination under section 6 of the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976.

Orders

  • Anthony Stefan Czernik died between 12:46 and 13:00 on 11 April 2008 at the West Works, Whitecrook Works, Clydebank, as a result of traumatic asphyxia from being crushed under a forklift truck.
  • The accident was caused by the failure of a jack to remain in position, allowing the truck to fall onto the deceased.