Scotland: Fatal Accident Inquiry

Scott James Rennie

Reference LER-B47-18 Published 1 October 2019 Sheriff Sheriff I H Cruickshank Sheriffdom Grampian, Highland and Islands Date of death 23 June 2016 Location Gilbert Bain Hospital, Lerwick, Shetland Cause of death I. (a) Immersion in sea water due to (or as a consequence of): (b) an incident whilst working onboard a fishing vessel. Section 28 responses identified 0 8-week deadline 26 November 2019

Recommendations

Recommendations (the sheriff's words)

In terms of section 26(1)(b) of the 2016 Act the court recommends: I. that fishermen involved in this type of scallop dredger fishing should avoid standing on the tipping door of the vessel whilst at sea to carry out repairs to dredge bags or for any other reason. A system of work should be devised to avoid the need for fishermen to stand on the tipping door. II. that if fishermen involved in this type of scallop dredger fishing should require to stand on a tipping door, either at sea or in port, then they should wear a safety harness and safety line. III. all fishermen should be aware of the terms of Marine Guidance Notes, MGN 570 (F), MGN 571 (F) and MGN 588 (F). IV. all fishermen, being involved in scallop dredging or involved in commercial fishing more generally, should wear PFDs at all times when working on the open deck of a fishing vessel. V. that, in so far as it has not already been implemented by statute or regulation, the wearing of a lifejacket or PFD, whilst working on the deck of a fishing vessel, should be a mandatory requirement throughout the fishing industry.

Under section 28 of the 2016 Act, each recipient of a recommendation must respond within 8 weeks. The 8-week window is counted from the publication date. See how we track responses.

Section 28 responses

Overall status, as assessed by this site: Response pending

No response has been identified on the case landing page yet. The 8-week window has closed without a published response or non-response notice.

About Fatal Accident Inquiries

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); recipients must respond within 8 weeks under s.28. See the methodology page for detail.

Data: scotcourts.gov.uk.