A fish farming company has been fined £800,000 after admitting health and safety breaches that led to a man’s drowning at a Highland fish farm.
Clive Hendry, 58, was crushed as he attempted to move from a boat to a floating structure called a Sea Cap in order to access the staff galley for a refreshment break.
An attempt to pull him onboard the structure failed and he slipped through his life jacket into the water and drowned.
Fife-based fish farm owners Mowi Scotland Limited appeared at Inverness Sheriff Court to admit breaching health and safety regulations at the Ardintoul site.
They failed to make suitable and sufficient risk assessments, failed to maintain safe systems of work and failed to provide supervision to ensure personal floatation devices were properly tightened and secure.
Speaking after the sentencing, Mr Hendry’s partner of 28 years, Catriona Lockhart, told the Press and Journal: “My life had been destroyed.
“There is never any good outcome because someone has lost their life. Myself and Clive’s family and friends are still heartbroken and devastated.”
She said Mr Hendry was a “kind and loving” man, adding: “If it had been anyone else who went in the water, Clive would have known exactly what to do.”
Principal fiscal depute David Glancy said the incident took place on February 18 2020, after Mr Hendry asked for a lift on the Beinn Na Callieach to the Sea Cap so that he could take a break.
The boat was not planning to moor alongside the structure, but ought to have come to a stop before Mr Hendry could disembark – in a manoeuvre known as a “touch and go” transfer.
Mr Glancy told the court witnesses reported the boat was travelling at about half a knot with its gate open on approach to the Sea Cap when Mr Hendry stepped from the vessel onto the floating structure’s ladder.
One witness told investigators “Kenny noticed that Clive had gone to get off the boat while it was still moving” and said that the move was “out of the ordinary”, adding “Clive should not have been doing what he was doing.”
It was at this point that Mr Hendry was struck by the still-moving boat, after which he was spotted struggling to hold on to the ladder.
A colleague on board the Sea Cap came to his aid, grabbing him by the lifejacket after spotting him “struggling and distressed”.
He heard him say that his legs were “f***ed” before letting go of the ladder and slipping through his lifejacket into the water.
He was submerged for around 20 seconds before returning to the surface “lifeless” and “with the water lapping over his face”.
Co-workers used a boat hook to keep Mr Hendry face out of the water until he could be retrieved and resuscitation efforts began.
Kyle lifeboat attended and Mr Hendry was taken to Broadford Hospital where, despite staff’s efforts, he was pronounced dead 4.30pm.
A post-mortem concluded Mr Hendry died from drowning following a crush injury.
Counsel for Mowi Scotland Limited, Peter Gray, said the firm was was an organisation which takes it responsibilities “extremely seriously” as evidenced by its lack of previous convictions over the last 50 years.
He said that Mr Hendry was a “highly valued and respected employee” and offered the company’s deepest sympathy to his family and partner.
“The admitted failings were a significant cause of harm,” he conceded.
The court heard a number of changes had been made to practices following the incident, including the ceasing of “touch and go” transfers at company sites and modifications on board vessels for clearer communication.
Handing down a fine of £800,000 together with a victim surcharge of £60,000, Sheriff Sara Matheson said: “I would wish to express every sympathy to the late Clive Hendry’s partner, his family and his friends.
“The details of this incident must have been very distressing to listen to in court today.
“Clearly there is nothing I can do to bring him back but it is to be hoped that any sentence impressed the need to address health and safety issued in order to prevent such tragedies in the future.”
‘Hopefully this incident should prompt other employers to consider their duties’
Speaking after the sentencing, Debbie Carroll, who leads on health and safety investigations for the Crown Office and Procurator Fiscal Service, said: “Clive Hendry was much loved by his partner and a well-liked and respected man by friends and colleagues. Our thoughts are with them at this difficult time.
“Mowi Scotland Limited accepted liability and the Crown accepted their guilty plea to the contraventions of the Health & Safety at Work etc Act 1974.
“Since this incident the company has introduced new risk assessments and has put into practice safe systems of work.
“Had these been in place at the time then Mr Hendry’s transfer from the Beinn na Cailleach to the Sea Cap would have taken place without incident and he would 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.”
Previous investigation
An investigation into the tragic accident on February 18 2020 found that the activity “had not been properly planned or briefed” and was “not adequately controlled”.
It also emerged that a risk assessment for the movement of personnel between installations at the fish farm “had not been carried out”.
The Marine Accident and Investigation Branch report made several recommendations to the owner of the vessel and fish farm Mowi Scotland Limited.
They included ensuring that “appropriate marine expertise is present or provided to the senior management team to oversee the safety of its vessels and marine operations has also been made to the owner”.
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