A north seafood company has been fined £80,000 over health and safety breaches in the wake of the death of a deckhand who was pulled overboard by creel ropes.
Mark Elder, a father-of-one from Thurso, was part of a team shooting creels manually from the North Star in bad weather in February 2018 when his leg was snagged by a rope.
Tain Sheriff Court heard that a risk assessment, which ought to have been carried out following Scrabster Seafoods Ltd’s purchase and refit of the vessel, had not happened.
Scrabster Seafood Ltd admitted health and safety breaches in relation to the Mr Elder’s death at Tain Sheriff Court.
Fiscal depute David Glancy told the court that the crew of the North Star had been shooting creels manually in rough seas approximately 16 miles northwest of Cape Wrath on February 3 of 2018.
Mr Elder, 26, was one of three deckhands working together to attach ropes to the creels and drop them in the water.
But his foot became tangled in the rope and was pulled over the side of the boat, where he remained submerged in the water for around 10 minutes before they were able to bring him back on board.
Mr Glancy said: “The skipper heard a shout of ‘stop’. From the CCTV display he could see that Mr Elder that been pulled against the table with his left leg entangled in the back rope.
“Although both men had seized hold of him they were unable to prevent him from being pulled overboard followed by the creel.”
One of the men tried to slacken the rope to help enable Mr Elder to free himself but this was unsuccessful.
The pair then worked to bring the rope back on board but, initially, it was wound in the wrong direction. It took two further attempts to wind it in successfully.
‘Valiant efforts’ failed to save fisherman
“After having been under for about 10 minutes Mr Elder was hauled to the surface and recovered back on board unconscious and unresponsive,” Mr Glancy said.
“As soon as he was on board CPR was commenced and his leg was released from the rope.
“In spite of valiant efforts, that continued for well over an hour, their attempts to revive him were ultimately unsuccessful.”
Sea conditions were such that a coastguard helicopter was unable to reach the fisherman and the vessel returned to harbour in the early hours of the following morning when a doctor pronounced Mr Elder dead.
A post-mortem found the cause of death to be drowning.
It was later identified that the fitting of additional pond boards on deck – something that could have been identified by the missed risk assessments – might have prevented rope from pooling in the area where the crew were working, reducing the risk of such an incident.
Mr Glancy said: “The only way to avoid stepping into a coil or bight of a rope would be to constantly keep both feet flat on the deck when leaning one way or the other.
“On a violently pitching and rolling deck in the weather conditions that prevailed it would be both easy and entirely foreseeable that a foot may be lifted and end up inside the bight.”
Defence counsel Barry Smith KC, for Scrabster Seafoods Ltd, said: “The directors of Scrabster Seafood Ltd and everyone associated with the company wish me to formally record their regret that this accident resulted in such a tragedy and to convey their condolences to the family of Mr Elder.”
He told the court his client’s company, which has supported the RNLI and the Seaman’s Mission, had been in operation since 1968 without incident and had an excellent safety record.
He said that they had “highly relied” on “the expertise of the long-standing skipper” of the vessel, but said: “It is accepted in this case that there was a failure to ensure that the risk assessment had been updated.”
Handing down a fine of £80,000, reduced from a starting point of £120,000 because of the guilty plea, Sheriff Gary Aitken said: “No one expects their loved one to go to work and not come back.
“Even in the 21st century working at sea continues to be a perilous activity and we should all be grateful that there are those prepared to do so.
“This is why it is important for activities to be properly thought about and risk assessed.
“It is a reminder and a warning to the rest of the industry that these matters are not simply a case of box-ticking – it is a vital function and a function that can prevent tragedy.”
Mr Elder’s mother and sister, Jackie, were present at court to hear the case along with supporters.
‘Justice has been served’
Speaking after the sentencing, Jackie Elder told the Press and Journal: “On behalf of the family I would like to say that no amount of fine or punishment given will ever bring my little brother back.
“We are pleased that some justice has been served, and hope that no other family ever has to go through what we have.
“It’s been a long hard journey to get to this point. I just want my brother to rest in peace now.”
Representatives of Scrabster Seafood limited, also present in court, declined to comment further, but reiterated their condolences to the family.
Debbie Carroll, who leads on health and safety investigations for the Crown Office and Procurator Fiscal Service, said: “Mark Elder lost his life in circumstances which were foreseeable and entirely avoidable.
“Had the required risk assessments been carried out and safe systems of work been put in place then Mr Elder may well be alive today.
“Hopefully this incident should prompt other employers to consider their duties and that failing to keep their employees safe can have fatal consequences for which they will be held accountable.”