The death of an experienced roads worker who was run over by an Orkney Council tipper truck could have been avoided, an inquiry has concluded.
Keith Johnston didn’t hear the local authority’s lorry reversing towards him because he was wearing ear protectors and operating a “very noisy” leaf blower, a report said.
The 52-year-old from Dounby was struck by the vehicle while he was blowing loose stone chips onto resurfaced carriageway, on the A967 between Twatt and Bruna Fae.
Sheriff Gerard Sinclair, who presided over a Fatal Accident Inquiry (FAI) into the accident on June 28 2017, found that the tragedy might realistically have been avoided with “a number of precautions”.
He said that Mr Johnston had previously been advised not to operate the leaf blower at the rear of a convoy of roadworks vehicles, known as “the train”.
‘No one knew he was on the road’
“He was wearing ear defenders to protect his ears from the noise made by the leaf blower.
“The combination of the noise of the blower and the noise reducing effect of the ear defenders meant that he could not hear any approaching vehicles.
“Mr Johnston’s tragic death occurred because, for whatever reason, he chose to leave the junction at Twatt Kirk and start clearing the loose chips on the road behind where the train was operating without telling anyone of his plans.
“No one knew that he was working on the road.”
The driver of the tipper truck, who did not expect to see anyone on the road, used his mirrors and reversing camera to reverse slowly down the road, when he struck Mr Johnston.
But Sheriff Sinclair said it remains “inexplicable” how the driver failed to see Mr Johnston on the road before the collision.
Accident might have been avoided
“Had he recognised the risk he was taking and refrained from doing so then this might realistically have resulted in the accident being avoided,” he added.
Keith Johnston was described by Orkney Islands Council as a “much loved, reliable, conscientious and experienced” employee with 24 years of experience.
Several months after the fatality, the council was issued with a Notice of Contravention (NoC) by the Health and Safety Executive (HSE).
The document informed the local authority of how it had breached health and safety laws and explained how it could become compliant in the future.
But the FAI did not make any formal recommendations on changes to working practices.
Sheriff Sinclair explained that Orkney Islands Council had responded “appropriately” by investigating and addressing the “defects” in the system of working in place at the time of the accident.
They included failures in planning and communication.
In his closing remarks, the sheriff said: “I wish to record my appreciation for the way that Mrs Johnston, the wife of the deceased, and other family members who were in attendance throughout the inquiry, dealt with what was obviously some difficult and distressing evidence with such quiet dignity.
“I would like to finally add my own sincere condolences to the family for their tragic loss.”
After the report was published, a spokesperson for Orkney Islands Council (OIC) told The Press and Journal: “Keith Johnston was a much loved, reliable, conscientious and experienced OIC employee of some 24 years before his untimely and tragic death while at work.
“Our continued sympathies are extended to Mr Johnston’s family – and even more so following the publication of the Fatal Accident Inquiry and Sheriff Gerard Sinclair’s findings.
“In addition to Mr Johnston’s loss, the matter being discussed in detail must have been incredibly difficult for his family to bear.
“We are also conscious of the wider impact Mr Johnston’s death has had on work colleagues and the Orkney community.
‘Working methods under review’
“Since 2017 the Council has continued to keep all its processes and working methods under review.
“The council implemented a number of further measures with regards to reversing of vehicles, in addition to the controls in place at the time of the accident which included the use of rear view cameras/mirrors, audible reversing alarms, road closures to reduce the number of persons entering the construction site, radio communication between drivers and site personnel and adequate driver training.
“This has been an incredibly difficult period for all involved, and we continue to offer support to those concerned and, once again, extend our deepest sympathy to Keith Johnston’s family, friends and work colleagues.”
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