Source · Scotland · Fatal Accident Inquiry

Harjvan Bhikhabhai Kharva and Ravindra Shavirang Bagal

Scotland · FAI Reference: KIR-B51-08 Published: 17 Jun 2009 Sheriff: Sheriff John Leslie Sheriffdom: Grampian, Highland and Islands View PDF
Court recommendations Identified
Responses identified 0
8-week deadline 12 Aug 2009
Section 28 status Response pending

Recommendations

I adopt his submission and recommend that Orkney Harbour Authority should review its rules with a view to ensuring that there is no scope for ambiguity as to whether or not it is a port requirement that ships should have an anchor ready for use when within Orkney Harbour limits whether or not a vessel is under pilotage.

If such a regulation is to be effected then it is quite clear that in adverse conditions Masters must steer a course which minimises a risk to seaman on an exposed deck and have a programme of preparation for sea which ensures that all work needed to be done on the foredeck is prioritised to minimise the risk to seamen in exposed conditions.
Under section 28 of the 2016 Act, each recipient of a recommendation must respond within 8 weeks. The window from publication ran to 12 August 2009. See how we track responses.

Section 28 responses

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.

Determination details

Reference
KIR-B51-08
Published
17 June 2009
Sheriff
Sheriff John Leslie
Sheriffdom
Grampian, Highland and Islands

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

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