Scottish salmon farming company fined after worker drowns

Date:

9 November 2011

Release No:

SCO/103/11

A salmon farming company has been fined £70,000 after a worker drowned in Loch Heather, on the Isle of Lewis.

Peter Kenneth Duce, aged 61 years, drowned on 26 February 2008, when the boat he and four colleagues were using to inspect fish cages filled with water and capsized.

An investigation by the Health and Safety Executive (HSE) found that risk assessments prepared by West Minch Salmon Ltd for workers travelling to and from the fish cages were not suitable or sufficient and that the company had failed to provide operating instructions for safe use of the boat used for the task.

The court heard that the boat had been overloaded on a regular basis as the manufacturer's recommendation was that it should carry a maximum of three people.

HSE's investigation also revealed that although a range of buoyancy equipment had been provided by the company they had failed to issue clear advice and instructions on how to use it causing confusion amongst staff.

After the hearing, HSE Inspector Ann Poyner said:

"If West Minch Salmon Ltd had carried out a sufficient risk assessment and either provided a higher capacity boat or provided and implemented a safe procedure for using the boat that was provided to travel to and from the fish cages in the loch, then this incident would not have happened.

"There was a maximum load capacity for the boat used by employees, which if exceeded made it more liable to becoming swamped with water and over turning."

At Stornoway Sheriff Court today (Wednesday 09 November 2011) West Minch Salmon Limited was fined £70,000 after it pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974.

Notes to editors

1. The Health and Safety Executive is Britain's national regulator for workplace health and safety. It aims to reduce work-related death, injury and ill health. It does so through research, information and advice; promoting training; new or revised regulations and codes of practice; and working with local authority partners by inspection, investigation and enforcement. www.hse.gov.uk
2. In Scotland the Crown Office and Procurator Fiscal Service has sole responsibility for the raising of criminal proceedings for breaches of health and safety legislation.
3. Section 2 (1) of the Health and Safety at Work etc Act 1974 states: "It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees."

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