A Montrose man killed in an explosion at a St Cyrus blacksmiths might have been saved if he and his bosses had been more familiar with safety guidelines, a sheriff has ruled.
Ian Morrison (50) was killed instantly when a used steel drum he was cutting with an angle grinder exploded in June 2008.
He had been making a barbecue for a customer of Ross Agri Services when waste paint-thinner fumes inside the drum ignited.
Mr Morrison sustained a fatal head injury in the blast.
On Wednesday Sheriff Patrick Davies ruled the blacksmith foreman’s death may have been avoided if staff and management at the smiddy had been more familiar with guidance on “hot work” on drums.
But the sheriff has cleared Ross Agri Services of systems failures within its safety regime after ruling Mr Morrison’s experience, and the nature of the business, meant there was nothing “untoward or unusual in (Mr Morrison) taking instructions direct from customers” and acting on his own initiative.
He did, however, stress that greater management supervision would have been a “good idea.”
Making his ruling at Stonehaven Sheriff Court, Sheriff Davies said, “The accident and resulting death might have been avoided had the management for the smiddy, and the staff who worked in the smiddy in particular those staff engaged in ‘hot work’ been familiar with and adhered to the terms of (a health and safety leaflet) entitled Hot Work On Small Tanks And Drums or similar guidance.”
He said Mr Morrison may also have survived if a “complete and correct risk assessment” had been carried out.”Adequate knowledge” uncertainSheriff Davies said, “The circumstances of the accident suggest that the deceased may have lacked an adequate understanding of the hazards of the work upon which he was embarked.
“On the available evidence, no one will ever know for certain whether he had an inadequate knowledge of the risks or just overlooked known hazards in seeking to get his job finished.”
Sheriff Davies also noted that some of Mr Morrison’s colleagues were either unaware of the leaflet or had no knowledge of the hazards of hot work on drums.
He noted that Ross Agri Services “did not” routinely carry out hot work on small tanks and drums “let alone those that contained or had contained flammable substances,” although there was an “ever present risk” that such work might be undertaken.
However he rejected the Crown’s argument that the lack of awareness of the leaflet amounted to a failure in the safety system at Ross Agri Services that contributed to Mr Morrison’s death.
Sheriff Davies said, “Given the experience of the deceased and the nature of the business in which he was employed, I am not persuaded that there was anything untoward or unusual in his taking instructions direct from customers of the business.
“I do not think that this practice, in itself, demonstrates a ‘systems failure.’ ”
He added, “But with the benefit of hindsight… it would have been a good idea had there been in place a practice whereby the deceased liaised with (management) before accepting any unusual, non-routine work.”
Ross Agri Services refused to comment on the findings.