AN INQUIRY into the death of a fish farm worker has shown that “routine activities carry just as much risk”, a sheriff has said.
Clive Hendry died on 18 February 2020 whilst transferring from a workboat to a floating pontoon at the Ardintoul Fish Farm on Loch Alsh in the Highlands.
The 58-year-old’s employer, Fife-based Mowi Scotland, was fined £800,000 in May 2023 for breaches of health and safety legislation.
A fatal accident inquiry (FAI) that was called for by Mr. Hendry’s partner Catriona Lockhart has since concluded, determining the cause of death and if any reasonable precautions could have been taken.
Mr. Hendry sadly drowned after being crushed while stepping from the moving workboat to a stationary barge.
However, Mr. Hendry fell into the water after being struck by the boat while attempting to cross onto the barge.
A colleague attempted to grab his life jacket to save him, but Mr. Hendry slipped out of the jacket and ended up in the water.
He was rescued from the water after being submerged for about 20 seconds but despite the efforts of colleagues and medical staff, he could not be resuscitated.
Unlike a criminal trial, an FAI seeks to establish the facts surrounding the death and is not a hearing which apportions blame.?
The purpose of an inquiry is to establish the circumstances of the death and to consider what steps, if any, may be taken to prevent other deaths in similar circumstances.
The Procurator Fiscal led comprehensive evidence from witnesses and a range of sources on the facts and circumstances of Mr. Hendry’s death.?
Mowi Scotland have since claimed that the work practices surrounding Mr. Hendrys death are no longer used.
In his determination, Sheriff Gary Aitken spoke of the importance of assigning as much planning and forethought to everyday tasks as would be given to any out of the ordinary activity.
Sherrif Gary Aitken said: “The circumstances of Mr Hendry’s death serve to re-emphasise the well-known but oft forgotten point that routine, low-level, non-core activities can carry just as much risk and require just as much forethought as an unusual, out of the ordinary activity which is given special planning.”
He added: “He was clearly very well thought of and respected by his colleagues, and I have no doubt that he is still sorely missed by all who knew him.”
Following the publication of the determination, Procurator Fiscal Andy Shanks, who leads on fatalities investigations for the Crown Office and Procurator Fiscal Service said:?“We note and welcome the Sheriff’s determination.???????
“The Procurator Fiscal ensured that the full facts and circumstances of Mr Hendry’s death were led in evidence at the mandatory FAI.
“The determination has been provided to Mr. Hendry’s family and our thoughts are with them at this time.”
