The mother of a young man tragically killed in a workplace mishap has expressed that her son was “brimming with aspirations and ambitions,” and his family has been “deprived” of experiencing those along with him.
Laborer Liam MacDonald, 23 years old, was utilizing a hammer to remove hardened concrete from a skip at a wind farm site in the Shetland Islands when the bale arm unexpectedly collapsed onto him, trapping his chest.
Principal contractor BAM Nuttall has been penalized with a total fine of £860,000 after conceding to violations of health and safety regulations.
Wendy Robson, Mr. MacDonald’s mother, remarked: “Liam cherished life, his family, and friends. He was merely at the beginning of his adult journey, still discovering his identity, and filled with aspirations and ambitions.”
“We have been left bereft of having Liam with us now and in all the days to come, and of realizing those aspirations with him. We will never have the opportunity to meet the children he so eagerly wished to have one day.”
“We cannot adequately convey who Liam was, and the significance he held for us. Our love and longing for him are beyond expression.”
The skip. Pic: HSE
The tragedy took place at the Viking Energy Wind Farm in Upper Kergord on the morning of June 5, 2022.
Mr. MacDonald, hailing from Tain in the Scottish Highlands, was an agency employee who had been at the worksite for over a month.
Fellow workers attempted to perform CPR and utilized a defibrillator; however, Mr. MacDonald was declared deceased at the location.
A court was informed that the bale arm weighed 80 kilograms.
The Viking Energy Wind Farm site. Pic: HSE
Jackie Randell, an inspector with the Health and Safety Executive (HSE), determined that BAM Nuttall neglected to recognize the hazards associated with the bale arm’s potential collapse and failed to implement a secure working system to protect individuals engaged in using, servicing, or cleaning the skip from danger.
The company pleaded guilty to contravening health and safety regulations at Inverness Sheriff Court earlier this month.
At Lerwick Sheriff Court on Wednesday, it faced a fine of £800,000 in addition to a £60,000 surcharge for victims.
Sheriff Ian Hay Cruickshank lowered the penalty from £1.2 million due to the timing of BAM Nuttall’s admission of guilt.
The sheriff remarked: “It is imperative for me to impose a financial penalty that sends a clear message that businesses must exhaust all means at their disposal to guarantee safe working conditions.”
“This responsibility does not lie solely with the company’s management but extends to others, including shareholders.”
Pic: HSE
Sheriff Cruickshank noted that Mr. MacDonald had been assigned a task that he had not previously performed, adding: “He was provided with no direction or guidance.”
“There was no supervision, and he was sent to the skip alone without any checks conducted immediately before he began his task, which involved the security of the bale arm.”
The sheriff acknowledged that the tragic accident “occurred due to neglect.”
He highlighted that BAM Nuttall has since reevaluated its procedures and introduced new protocols to enhance safety in the workplace.
The sheriff concluded: “I recognize that these measures would significantly decrease, if not eliminate, the chances of a similar incident happening again.”
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Debbie Carroll, head of health and safety investigations for the Crown Office and Procurator Fiscal Service (COPFS), remarked that Mr. MacDonald’s fatality “could have been avoided” had the risks associated with maintaining and cleaning the skip been “adequately and thoroughly assessed.”
Ms. Carroll further stated: “Their inability to recognize the dangers posed by the skip’s bale arm and to ensure it was secure before initiating the cleaning process led to Mr. MacDonald’s demise.”
BAM Nuttall extended its “heartfelt condolences” to Mr. MacDonald’s family and expressed its remorse for the series of events resulting in his death.
A representative for the company mentioned: “We endeavor each day to guarantee that our staff operate in secure environments, and we deeply regret our failure towards Liam in June 2022.”
“Safety remains our utmost priority, and we are perpetually reassessing our protocols and implementing continuous improvements.”
“Immediately after Liam’s tragedy, we undertook measures to ensure that such an incident will not recur, and we are committed to building upon these lessons in the future.”
