Tragedy Leads To Prosecution For Safety Failings

A meat farm based in the Scottish Borders has been hit with a £100,000 fine after being prosecuted by the Health and Safety Executive over safety failings that led to the death of one of its staff on site.

Scottish Borders Abattoir was investigated by the Health and Safety Executive (HSE) after an incident at its premises in Galashiels, in which a member of staff, David Barker, was engaged in loosening fixings to the supporting frame of a partition door in January 2011.

As he removed the fixing that attached the frame to the ceiling of a container unit, the structure collapsed and trapped him by the neck, causing him to suffocate.

The HSE found the company had failed to provide Mr Barker with correct instructions, training or supervision for his work, no risk assessment had been carried out and the method of work used was unsafe. It said the incident could have been avoided with reasonable precautions in place.

Scottish Borders Abbatoir pleaded guilty in the hearing at Jedburgh Sheriff Court to breaches of Section 2(1), Section 33(1)(a) and Section 33(1)(c) of the Health & Safety at Work Act 1974 and Regulation 3(1)(a) of the Management of Health and Safety at Work Regulations 1999, prompting the huge fine.

Head of the health and safety division of the Procurator Fiscal's Office Gary Aitken said: "Scottish Borders Abattoir Limited was today found guilty of contraventions of the Health & Safety at Work Act that led to the death of an employee.

"This was, sadly, an entirely avoidable tragedy which resulted in the loss of a loved one for the Barker family.

"Hopefully, today’s outcome will highlight the need for companies to keep the health and safety of their employees to the fore."

The prosecution was the second case in Scotland in less than a week in which a firm has been heavily fined over the death of an employee.

In the other case, Stonehaven-based animal feed firm East Coast Viners Grain was fined £240,000 after one of its workers was killed when an unsecured grain bill fell onto him from a forklift truck.

Expert Opinion

This is another example of an incident in which a worker has lost their life as a result of failings which could and should have been avoided. Through our work, we help numerous families who have lost loved ones in similar circumstances and recognise the incredible heartache such problems can cause. <br/> <br/>"It is vital all employers recognise the importance of planning prior to work, with the aim of ensuring that workers are given the right instructions, training and supervision to carry out tasks in a safe and effective manner. As this terrible case demonstrates, the failure to carefully consider health and safety at work can have significant consequences."