Source · Scotland · Fatal Accident Inquiry

Paul Alliston; Martin Johnstone; Christopher Morrison

Scotland — FAI Workplace 3 recommendations Reference 2022FAI-LOUISA Published 2 March 2022

Determination

Reference2022FAI-LOUISA
Published2 March 2022
SheriffSheriff Principal Derek Pyle
SheriffdomGrampian Highland and Islands
Date of death9 April 2016
LocationMingulay Bay, Outer Hebrides
Cause of deathDrowning when liferaft failed to inflate

Recommendations 3

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Addressed to: MCA Fishing industry supervisory bodies
The MCA is encouraged to pursue its proposal to the International Maritime Organisation that all new abandonment (solid fill) lifejackets should have a minimum 150 Newtons buoyancy, that their testing regime be more robust and realistic and that they be fitted as standard with a retention device and sprayhood. All relevant supervisory bodies should monitor carefully the compliance by the fishing industry with Merchant Shipping Notice 1884 (F), International Labour Organization Work in Fishing Convention (No 188): Working Time Application of the Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004 as amended, and in particular Regulation 3.1 and in particular for share fishermen.
No mandatory response mechanism — unlike PFD reports (England & Wales), recipients are not required to respond.

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About FAIs

Fatal Accident Inquiries are held under the 2016 Act before a sheriff. They are mandatory for deaths in custody and at work. The sheriff may make recommendations under s.26(1)(b) but there is no enforcement mechanism.

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