Source · Scotland · Fatal Accident Inquiry
John MacDonald
Scotland · FAI
Reference: FAI-JOHN-MACDONALD
Published: 29 Nov 2005
Sheriff: Sheriff C.S. Mackenzie
Sheriffdom: Grampian, Highland and Islands
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Court recommendations
Identified
Responses identified
0
8-week deadline
24 Jan 2006
Section 28 status
Response pending
Recommendations
It seems to me that a similar message, to the effect that one should not go to sea in any work situation until one's body is clear of alcohol - or at least no longer impaired by it, could and should be more strongly and more continuously disseminated amongst the sea-going community until the message really starts to drive home.
There was no evidence led as to the content of these courses but while I imagine that they will include plenty of good advice about not drinking while at sea I would suggest to those who devise them that more or even yet more emphasis is placed on an absolute requirement on seamen or fishermen of not proceeding to sea while there is still the likelihood of their being still impaired from the previous night's drinking - however well they feel, hungover or not - because impairment will often last for far longer than most will imagine.
Whatever else, a positive and speedy conclusion and action by the appropriate authority is needed - even if it should be found that no personal floatation available device is currently suitable, unlikely though that may be.
If a suitable device for constant wear in all working conditions is to be developed (if indeed that has not already been done) it seems to me that all crew members including the skipper should be obliged to wear one whenever on duty or on deck - at least on craft where all members of the crew can be expected to have to appear on deck at a moment's notice.
Some fishermen - particularly those who operate small boats single-handedly - have in recent times been seen more frequently using floatation devices quite regularly - so there may be a wind of change starting to blow amongst those who go down to the sea in small ships - but that is but a start and the trend needs to be encouraged.
There was no evidence led as to the content of these courses but while I imagine that they will include plenty of good advice about not drinking while at sea I would suggest to those who devise them that more or even yet more emphasis is placed on an absolute requirement on seamen or fishermen of not proceeding to sea while there is still the likelihood of their being still impaired from the previous night's drinking - however well they feel, hungover or not - because impairment will often last for far longer than most will imagine.
Whatever else, a positive and speedy conclusion and action by the appropriate authority is needed - even if it should be found that no personal floatation available device is currently suitable, unlikely though that may be.
If a suitable device for constant wear in all working conditions is to be developed (if indeed that has not already been done) it seems to me that all crew members including the skipper should be obliged to wear one whenever on duty or on deck - at least on craft where all members of the crew can be expected to have to appear on deck at a moment's notice.
Some fishermen - particularly those who operate small boats single-handedly - have in recent times been seen more frequently using floatation devices quite regularly - so there may be a wind of change starting to blow amongst those who go down to the sea in small ships - but that is but a start and the trend needs to be encouraged.
Under section 28 of the 2016 Act, each recipient of a recommendation must respond within 8 weeks.
The window from publication ran to 24 January 2006.
See how we track responses.
Section 28 responses
Response pendingNo 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
- FAI-JOHN-MACDONALD
- Published
- 29 November 2005
- Sheriff
- Sheriff C.S. Mackenzie
- 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.