Court hears of Tain man’s tragic death in Shetland wind farm accident

A COMPANY has admitted its responsibility in the tragic death of a 23-year-old Easter Ross employee on a Shetland wind farm.

British construction company, BAM Nuttal, admitted failing to provide proper training or supervision for a cleaning task described as "rudimentary" that was being carried out by Liam Macdonald, who was from Tain.

BAM Nuttal's defence counsel Malcolm Macleod KC told Inverness Sheriff Court that the chipping off of concrete from a skip at the Kergord site was "a basic task - a general duty and training was not required. But it does not absolve the company of responsibility."

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Nuttal had admitted failing to provide proper instruction, a safe cleaning system, risk assessment, training and supervision which would have prevented the death of Liam.

Liam was killed on June 5, 2022 after being instructed to take a hammer to break off dried concrete in a skip which should have been power-hosed clean the day before.

Sheriff Ian Cruickshank was told that the task should have been carried out from the outside, but Liam was doing it from the inside of the container where there was an insecure 80kg bail arm attached to its side.

It came loose and swung over, pinning Liam to the skip causing him to be asphyxiated.

The court heard that a supervisor who had clipped the arm to the skip previously saw Liam working from the inside but took no action. The sheriff said that this caused him "some concern".

However Mr Macleod said that the supervisor had clipped the arm in position before the tragedy. The lawyer said: "He attached the safety clip before the incident. I cannot say it was Liam who released it. It is a mystery who unclipped it."

Fiscal depute Catherine Fraser, who specialises in health and safety prosecutions, said: "There was no conclusion as to how the bail arm came to fall. It was a specific isolated incident which sadly had tragic consequences. But it falls into the medium category of culpability."

She added that a chain and a secondary carbinere should have been used to secure the bail arm but there had been dried concrete on the carbinere's clip which, although closed, could not be tightened shut.

Answering a question put by Sheriff Cruickshank, she told the judge: "It was the one and only time that Liam had been asked to clean the skip."

Liam's family were in court to hear the details of events leading up to and after his death.

She said: "Liam was unconscious and the bail arm was removed from him. CPR was carried out and a defibrillator used but did not administer a shock. A slight pulse was detected. Coastguard and an ambulance were called but he was declared dead at 11.15am."

Mr Macleod informed the court that immediate remedial action on all the deficiencies had been taken and offered the company's deep regret and sincere condolences to the Macdonald family and friends.

"Safety of the company's employees and the public is always the company's top priority. But it is difficult on a large construction site to identify every risk.

"There should have been training and there was not. But maybe it was because it was thought it was so basic, it had not been spotted."

Sheriff Cruickshank also expressed his sympathy to the family and friends but decided to take time before determining his fine, which is likely to be substantial.

He said: "There are many factors which have to be considered. I am not going to rush to judgement and will adjourn to another day. I will issue a full sentencing statement from my home court in Lerwick at 2.15pm on Wednesday, December 18."