A tragedy in which a north-east grandfather died at work after a fall might have been averted with supervision, a sheriff has ruled.
Eric McLeod was painting at height for Heatcare Oil and Gas at Heatcare House in Lhanbryde when he lost his balance and suffered a head injury.
Two passing good Samaritans came to the 72-year-old’s aid and called 999.
Eric, who lived in Fochabers, was taken to Dr Gray’s Hospital in Elgin with the help of firefighters and paramedics but sadly died eight hours later.
Officials investigated and Elgin Sheriff Court hosted a fatal accident inquiry (FAI) over four days in winter and spring.
‘This tragedy may have been averted’
In the ruling, Sheriff David Harvie said: “Had Eric been visited by a supervisor, this tragedy may have been averted.
“Eric had not been expected by the company to be working at height. He did so contrary to instruction.
“An adequate system of supervision and monitoring would in all likelihood have identified and prevented that work, given the number of days over which Eric must have been working at height prior to the accident.”
A spokesman for the company said it had already adopted the sheriff’s recommendations to improve safety.
The court heard that other employers had been trained in working at height in 2018 but Eric was not sent on that course.
Sheriff Harvie said: “That might have discouraged Eric from using a ladder to paint at height.”
To minimise the chances of a similar tragedy happening in future, Sheriff Harvie recommended the company supervise lone-working staff and ensure all maintenance staff get work-at-height training.
The incident happened on August 18 2020 – 10 days before father-of-four Eric’s 73rd birthday.
A painter for more than 30 years
The court heard Eric had worked as a painter and decorator for more than 30 years at the Stewart Milne Group before taking up a part-time role at Heatcare Oil and Gas in 2015.
On the day of the incident, Eric was painting a vacant building so they could make it look smart for a potential tenant.
The ruling said: “Eric climbed the ladder, which had been placed on top of one of the single-storey flat roof extensions to reach the right-hand gable end, when he lost his balance and fell onto the flat roof of the extension, striking his head on the parapet wall.”
Eric’s nephew Darren McLeod – a director at the firm – had assigned the task to Eric three months earlier, and told him to fit it in around other maintenance jobs.
Records show Eric worked on this job at height “over several days” – but nobody inspected him.
The ruling added: “Eric often worked alone and unsupervised.
“The company did not know when Eric arrived at or left a job.”
Darren McLeod said he told Eric not to paint the high places and at one point “had sharp words” with Eric to persuade him to stop.
Eric’s wife Catherine told the court Eric and her nephew had discussed hiring scaffolding or a cherry picker for the job and Eric “did not think Darren was keen on hiring equipment”.
‘He should not have been working at height’
Darren McLeod told the court he had “held off” doing a risk assessment for the work-at-height and that it should have been done.
Sheriff Harvie ruled: “Eric should not have been working at height that tragic day.
“The company did not carry out a risk assessment for working at height as Eric was not instructed to be working at height.
“The company had no idea Eric was working at Heatcare House on (the day of the incident).
“That Eric was not adequately supervised at Heatcare House is beyond doubt.
“There was no evidence of the company ever providing health-and-safety training to Eric.
“Eric did not have access to the health-and-safety advice on the (computer) system, which was available to every other tradesman who worked for the company.
“In particular, he was not included in the work-at-height training which the company arranged in 2018.
“The excuse that he was not expected to work at height does not stand up.
Good Samaritans’ conduct commended
“The company claims its policy is that no employee is expected to work at height, and yet training was provided to its other tradespeople. Eric should have been included.”
In the ruling, Sheriff Harvie paid tribute to the two good Samaritans who came to Eric’s aid.
He said: “The conduct of both Gemma McBean and Peter Deeming is to be commended.
“Both were members of the public who were passing by Heatcare House at the time of the accident and both reacted swiftly in seeking to assist Eric and call for the emergency services to attend.
“Had they not been in the vicinity, Eric would likely have lain unaided for some considerable time.”
He added: “Finally, I would like to formally record my condolences and deepest sympathy to Eric’s family for their tragic loss.”
Gemma told the P&J: “I’m sorry for the family’s loss and wish there had been more I could have done.”
A spokesman for Heatcare Oil and Gas said: “The tragic accident of Mr Eric McLeod occurred almost four years ago.
“The company has fully engaged with the FAI and has already adopted the recommendation within the determination.”
