Scotland: Fatal Accident Inquiry

Alasdair Finlay Macleod

Reference POR-B43-18 Published 14 March 2019 Sheriff Sheriff Eilidh MacDonald Sheriffdom Grampian, Highland and Islands Date of death 9 December 2017 Location Staffin Bay, adjacent to Quiraing Lodge, Staffin, Isle of Skye Cause of death drowning. Section 28 responses identified 0 8-week deadline 9 May 2019

Recommendations

Recommendations (the sheriff's words)

In terms of section 26(1)(b) of the 2016 Act the court recommends that: (a) all fishermen should make themselves aware of and follow the terms of Marine Guidance Note (MGN) 588 (F) which states that “failure to ensure the provision and wearing of PFDs and/or fall restraint harnesses by all fishermen working where there is a risk of falling overboard will be considered by the MCA to be a breach of health and safety legislation “ and that “the only exception to this is where the fishing vessel owner can demonstrate, through a documented risk assessment, that the risk of falling overboard has been eliminated by other measures”. (b) all fishermen engaged in single-handed operations should consider the guidance contained within the Maritime and Coastguard Agency (“MCA”) publication, ‘Fishermen’s Safety Guide’ in relation to Single Handed Operations, and carry out a detailed risk assessment of their systems of work, in accordance with that guidance, to enable them to identify possible risks, apply solutions and adopt safer working practices.

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.