Death of fish farm worker crushed between two boats 'may have been avoided', FAI rules

A Fatal Accident Inquiry (FAI) into the death of fish farm worker who drowned after being crushed between two boats found the accident “could have been avoided“.

Clive Hendry, 58, died on February 18, 2020 in Broadford Hospital in Skye following an incident at the Ardintoul fish farm on Loch Alsh, a sea inlet in the north west Highlands.

The FAI held in Inverness followed the prosecution and conviction of Fife-based firm MOWI Scotland Limited who were fined £800,000 in May 2023 for breaches of health and safety legislation.

Mr Hendry’s cause of death was found to be drowning following crush injury to his pelvis after he attempted to transfer from the vessel Beinn na Caillich to the Sea Cap barge before the vessel was “stationary.”

A colleague grabbed his lifejacket to try and avoid him from falling into the loch, but he slipped out of the jacket, being submerged for around 20 seconds before being pulled out.

The inquiry found the death could have been avoided if certain precautions were taken.

It was said that there should have been a “specific risk assessment for the transfer of personnel from large workboats to floating structures.”

It was also found there was “no clear system” for the transfer of personnel and that “ad hoc, informal arrangements were in place.”

MOWI said the practice – known as touch and go transfers – had been discontinued and new safe working practices had been implemented.

Sheriff Gary Aitken said: “The circumstances of Mr Hendry’s death serve to re-emphasise the well-known but oft forgotten point that routine, low-level, non-core activities can carry just as much risk and require just as much forethought as an unusual, out of the ordinary activity which is given special planning.”

He added: “I once again express my condolences to the family and friends of Mr Hendry.

“He was clearly very well thought of and respected by his colleagues and I have no doubt that he is still sorely missed by all who knew him.”

Following the publication of the determination, Procurator Fiscal Andy Shanks, who leads on fatalities investigations for COPFS said: ”We note and welcome the Sheriff’s determination.       

“The Procurator Fiscal ensured that the full facts and circumstances of Mr Hendry’s death were led in evidence at the mandatory Fatal Accident Inquiry.   

“The determination has been provided to Mr Hendry’s family and our thoughts are with them at this time.”