Scotland: Fatal Accident Inquiry

Thomas Connolly

Reference CB504/05 Published 4 October 2006 Sheriff Sheriff Elizabeth C. Munro Sheriffdom Tayside, Central and Fife Section 28 responses identified 0 8-week deadline 29 November 2006

Recommendations

Recommendations (the sheriff's words)

The Health & Safety Executive and the relevant bodies such as the Construction Industry Training Board (CITB), the Construction Industry Research and Information Association (CIRIA) and the Institute of Civil Engineers should all take steps to ensure that industry guidance and training courses (for both managers and operatives) are updated to include reference to the circumstances of this accident, namely the risk of voids being formed outside the confines of trenched excavations in sands and gravels, and in the context of tidal conditions.

(iii) The companies which manufacture and supply trench support systems offer a free advice service to the construction industry in relation to the suitability of particular systems for particular undertakings; this service should be utilised by temporary works co-ordinators and other such persons who are responsible for deciding on the method to be used in temporary works, particularly where the excavation support is required to be deployed in difficult and challenging ground conditions such as on a foreshore.

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.