Man left with life-changing injuries after bus crashed into cherry picker in Castlemilk, Glasgow

A construction firm pled guilty to negligent health and safety measures after a roofer was left with life-changing injuries when a double-decker bus crashed into a cherry picker in Glasgow.

Aedan Brown, then 27, fell 15ft onto a car roof before hitting the pavement in Castlemilk on February 4, 2022.

Mr Brown was not wearing a safety harness when a number 75 First bus struck the MEWP cherry picker.

Road barriers which should have surrounded the cherry picker were also not in place.

Mr Brown suffered a string of “life-changing” injuries, including extensive fractures to his pelvis and right hip, a collapsed left lung and a fractured right wrist, which left him in a cast.

He has also not worked since the day of the incident and has PTSD.

At Glasgow Sheriff Court on Thursday, McTaggart Construction Limited pled guilty to failing to plan, manage and monitor the construction phase and coordinate matters relating to health and safety during the construction phase.

The award-winning Ayrshire-based firm – which had a year-end profit of £5.2min 2023 – hired the company Mr Brown worked for to repair flat cladding.

The court heard that on the day of the incident, a manager at McTaggart spoke to the cherry picker operator cherry picker operator Leon Chalmers about putting barriers nearby, but they weren’t done.

Mr Brown and Mr Chalmers went up into the basket to do the work without body harnesses or safety lanyards.

Prosecutor Saud Ul-hassan said: “The basket they were working in is estimated to have been 15ft above the ground.

“Before 12pm, the near side of a double-decker 75 First bus struck the knuckle part of the MEWP that was protruding over the near side lane of the road.

“The force of the collision lifted the cherry picker on its two rear wheels momentarily and caused the boom to strike the nearby lamppost.

“Mr Brown was thrown from the basket and fell on the roof of a parked car and then fell to the pavement.”

Mr Chalmers was also thrown by the impact of the collision but remained in the basket.

Mr Brown – who was stated to have fallen, was taken to hospital for treatment, where he remained for two weeks.

Mr Ul-hassan added: “He sustained multiple extensive fractures to the pelvis and right hip, a collapsed left lung and fractured left wrist.”

He was given surgical plates and screws as well as a cast for his left arm.

It was stated that he walks with a limp on his left side and suffers pain when climbing stairs. Mr Brown was also diagnosed with PTSD.

Mr Ul-Hassan said: “He has not worked since the incident and is not hopeful of returning to the same field due to the physical nature of it.

“He is now physically unable to play golf and football which he had previously enjoyed before the incident.”

An investigation carried out concluded that McTaggart Construction didn’t follow its own procedures in terms of safety measures associated with controlling the cherry picker.

Since the incident, the company conducted a string of changes, including a review of policy procedures and documents, as well as reforming all documents.

A formal procedure related to the use of the cherry picker has also taken place.

Barry Smith KC, defending, told the court: “Those associated with McTaggart Construction express regret that this was a terrible incident in particular that it caused serious injuries to Mr Brown.

“Full PPE should have been worn. The operator embarked with Mr Brown when he ought to have known that it was fundamental for operating such equipment.

“The court will note that McTaggarts had in place full safety measures which the investigation stated had they been followed, the incident would not have occurred.”

Sheriff Iain Fleming deferred sentence until later this month to consider submissions.

He said: “I express the court’s sympathy to Mr Brown. Through no fault of yours, you suffered life-changing injuries.

“You should not go to your work and then be in hospital for serious injuries.

“Nothing I can do can bring Mr Brown to good health.

“What this court can and must do is select an appropriate sentence which will punish the offender as well as express society’s disapproval of this type of behaviour.

“It is vital that everyone learns from this tragic mistake.”