Fish farmer fined £800,000 over worker’s death

Mowi Scotland has been fined £800,000 over the death of one of the company’s employees, who was crushed to death in a workboat accident.

The company pled guilty to a number of health and safety breaches at the Sheriff Court in Inverness yesterday.

Clive Hendry was an Assistant Manager at Mowi’s farm at Ardintoul, Kyle of Lochalsh on the west coast of Scotland. On 18 February 2020 he was transferring from the workboat Beinn Na Caillich to a Sea Cap feed barge at the farm site, and while disembarking onto the barge access ladder he became trapped between the boat and the ladder, suffering serious injuries.

Hendry’s colleagues attempted to rescue him by grabbing his life jacket but he slipped out of the jacket, which was insecurely fastened, and fell into the water. By the time the crew had pulled him out they were unable to revive him.

Last year a damning report from the Marine Accident Investigation Branch found that Mowi had failed to make a suitable and sufficient risk assessment, or maintain systems of work for the health and safety of employees when transferring from a vessel to a structure such as Sea Cap.

The company also failed to provide employees with the necessary supervision to ensure lifejackets were properly tightened and secured.

Catriona Lockhart, Hendry’s partner of 28 years, has been campaigning since the accident to ensure that the lessons from the tragedy are taken seriously in the aquaculture sector.

Speaking outside the Sheriff Court on Tuesday, she told BBC Scotland: “100% this will happen again. I don’t want any family to go through this living hell.”

Speaking after the sentencing, Debbie Carroll, who leads on health and safety investigations for the Crown Office and Procurator Fiscal Service (COPFS), 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.”

A Mowi spokesperson said: “We continue to be devastated by the death of our colleague and friend, Clive Hendry, and our thoughts are with Clive’s family. Immediately following the fatality, our company implemented the recommendations of the Marine Accident Investigation Branch. We acknowledge the court’s ruling.”

The COPFS noted that, since the accident, Mowi has stopped unsecured “touch and go” transfers – that is, where transfer takes place without the vessel being securely moored – and any transfers to or from vessels like the Beinn na Caillich now only take place once vessels are secured, and the master of the vessel is satisfied that it is safe to do so.

Mowi had not previously mandated the wearing of restraining straps and left it to the discretion of the wearer. Since Hendry’s death, their use has been made compulsory and a more effective design of lifejacket introduced.

The Beinn na Caillich and other similar vessels have been modified to allow the wheelhouse windows to open and public address systems installed to allow better communication between the helm and the working deck – one of the problems that had been identified as a contributing factor to the accident.

Life sized mannequins are now used to add reality to man overboard drills. The frequency of these drills is now recorded by the company to ensure that those on board are familiar with both the drills and equipment available to them.

Risk assessments and safe systems of work are now in place for all offshore activities at the company, the COPFS said.

Sea Cap feed barge, Ardintoul