A Scottish engineering company has been fined over £800,000 after the tragic death of 23-year-old Liam MacDonald at a wind farm construction site in Upper Kergord, Shetland.
The incident occurred while Mr MacDonald was removing dried concrete from a skip at the Viking wind farm, operated by BAM Nuttall, a prominent civil engineering contractor.
Incident Details
On 4 May 2022, just over a month after starting his role as an agency worker, MacDonald was using a hammer to clear dried concrete from a skip when its bale arm fell, pinning him against the structure.
Despite immediate efforts by colleagues to resuscitate him with CPR and a defibrillator, MacDonald was pronounced dead at the scene by emergency services.
Health and Safety Failures Identified
The Health and Safety Executive (HSE) investigation revealed that BAM Nuttall had failed to adequately assess the risks associated with the skip’s bale arm.
The company did not implement a secure system of work to ensure the safety of individuals maintaining or cleaning the skip. According to HSE Inspector Jackie Randell, this oversight directly contributed to the fatal incident.
Heartfelt Tribute from Family
Liam MacDonald’s mother, Wendy Robson, described her son as “full of hopes and dreams,” and said his loss has left an immeasurable void in their lives.
“Liam loved life, his family and friends,” she said. “He was just at the start of his adult life, still finding who he was, and full of hopes and dreams.
Legal Proceedings and Fine
BAM Nuttall Limited admitted breaching sections 2(1) and 33(1)(a) of the Health and Safety at Work Act 1974. The company was fined £800,000, reduced from £1.2 million due to an early guilty plea, and ordered to pay a £60,000 victim surcharge by Inverness Sheriff Court.
HSE Inspector Jackie Randell stated, “This prosecution should serve as a reminder for all contractors to implement suitable risk assessments and safe systems of work.”
Debbie Carroll of the Crown Office and Procurator Fiscal Service (COPFS) added, “The death of Liam MacDonald could have been prevented if BAM Nuttall Limited had suitably and sufficiently assessed the risks involved in the maintenance and cleaning of the concrete column skip at the site.”
Industry-Wide Lessons
The case highlights the importance of stringent health and safety practices, particularly in high-risk industries like construction. Contractors are urged to ensure that comprehensive risk assessments are in place to protect workers from preventable accidents.
