A sheriff will decide if more safety improvements need to be made after a man was crushed to death at work.
Clive Hendry was working in Ardintoul, Glenshiel, for a fish farm company called Mowi Scotland Limited in February 2020 when he drowned.
Since then, Mowi has put in place a series of safety measures in response to the tragedy.
However, a Fatal Accident Inquiry (FAI) took place today and the sheriff has adjourned the case to determine if Mowi has done enough or if more action is needed.
At the time of the incident, the 58-year-old was attempting to move from a boat to a floating structure called a sea cap so he could have his lunch break in a staff galley.
Colleagues tried to pull him onboard the structure but were unable to do so.
Mr Hendry slipped through his life jacket into the water and sadly died.
He was pronounced dead at Broadford Hospital in Skye.
At today’s hearing, which was heard remotely, fiscal depute Nicola Gillespie told the court Mr Hendry had not properly fastened his lifejacket.
She also said Mowi had no sufficient risk assessment put in place for such situations.
“It’s possible Mr Hendry didn’t fasten them for comfort purposes and that a culture within the company may have developed not to fasten them,” added Ms Gillespie.
However, Peter Gray KC, counsel for Mowi, argued that it would not have made a difference had the strap been properly fastened.
Mr Gray told the court that Mr Hendry was a well-respected member of the workforce and restated Mowi’s sincere condolences to his loved ones.
He said: “I would invite my lord to find that Mr Hendry could have waited until the boat was stationary before trying to transfer onto the ladder.
“Prior to the accident, Mowi did not have a clearly defined system of work (for transfer from vessels).
“These transfers (when boats are still moving) have been discontinued and this has been reinforced to all that the master of vessels, so they are always in control and no transfer happens without their agreement.
‘Everyone reacted quickly’
“It was clear that what happened was a surprise to all involved, occurred very quickly and was very distressing.
“Everyone reacted quickly with appropriate first aid given quickly.
“All of those involved in the rescue performed admirably in extremely difficult circumstances.
“All of the witnesses were clear that, whether or not Mr Hendry would have secured his strap would have made any difference.”
Mr Gray added: “Changes have been made by Mowi and the wider industry and it is hoped that this will prevent such accidents in the future.
“This includes stopping touch-and-go transfers and ensuring that life jackets are fully fastened ”
Alan Rodgers, representing Mr Hendry’s partner Catriona Lockhart, told the court that all Mowi staff knew not to transfer from a boat while it was still moving – but the problem was that every staff member had their own way of transferring safely.
As a result, situations develop where multiple workers are arranging a transfer in slightly different ways.
‘Mowi has taken steps to address issues’
Mr Rodgers added: “It was unclear how such transfers were supposed to be carried out.
“This is precisely the scenario that such a risk assessment or plan is designed to mitigate against.
“The lack of a structured plan was a key component in Mr Hendry’s death.
“It is recognised Mowi has taken steps to address those issues.”
Sheriff Gary Aitken noted the submissions from counsel in the hour-long hearing and said he would publish his judgement in due course.
After today’s hearing Catriona Lockhart, Clive’s partner of 28 years, told us: “I want the court to be sure that Mowi has made changes and that those changes are effective and verifiable.
“Beyond what they say they have already introduced, I would like Mowi to bring in independent training providers to carry out training exercises so it is transparent, rather than doing it themselves.
‘I want training to be effective’
“On top of this, I want the worker training to be effective, rather than just an e-learning system on a computer where staff just have to click through.
“I will await the sheriff’s conclusion with interest.”
Mowi admitted breaching health and safety regulations at the Ardintoul site.
The company admitted to failing to make suitable and sufficient risk assessments, failing to maintain safe systems of work and failing to provide supervision to ensure personal floatation devices were properly tightened and secure.
Sheriff Sara Matheson ordered Mowi to pay a fine of £800,000 and a £60,000 surcharge.