Liam MacDonald, from Tain, Ross-shire, lost his life on the morning of 5th June 2022 while removing dried concrete from a skip at the Viking site on Upper Kergord.
Mr MacDonald, a 23-year-old agency worker who had started working on the site just a month earlier on 4th May 2022, had been using a hammer to chip away the concrete when the skip’s bale arm fell on top of him. He was found motionless with the bale arm pinned against his chest, which led to an alarm being raised at the site.
Colleagues performed CPR before administering a defibrillator but he was pronounced dead at the scene by the emergency services.
Jackie Randell, the investigating inspector from the Health and Safety Executive (HSE), found the principal contractor Bam Nuttall had failed to secure the bale arm from falling.
The HSE investigation found that the company had failed to identify the risks of the bale arm falling and failed to put in place a safe system of work to ensure that anyone using, maintaining or cleaning the skip would be protected from harm
Bam Nuttall Limited pleaded guilty to breaching Section 2(1) and Section 33(1)(a) of the Health and Safety at Work etc. Act 1974. It was fined £800,000 with a £60,000 victim surcharge at Inverness Sheriff Court on 18th December 2024.
HSE inspector Jackie Randell said: “This was a tragic incident which led to the death of a young man. Our thoughts remain with Mr MacDonald’s friends and family at this time.
“Bam Nuttall had failed in its duty to ensure the safety of their workforce. This prosecution should serve as a reminder for all contractors to implement suitable risk assessments and safe systems of work.
“We thoroughly investigated this incident, with our findings identifying that Bam Nuttall had failed in its duty to ensure the safety of their workforce. This prosecution should serve as a reminder for all contractors to implement suitable risk assessments and safe systems of work.
“Up to date safety information provided by manufacturers of work equipment must be reviewed as part of this risk assessment process. It is of crucial importance that safety information from manufacturers is highlighted to the workforce and rigorous monitoring is carried out to ensure that everyone is kept safe.”
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