Company fined £800k after death of fish farmer

A company has been fined £800,000 following the death of a fish farmer in the Scottish Highlands. The Marine Accident Investigation Branch’s report of the incident was covered in Marine Industry News in May 2021.

Clive Hendry had been working on a salmon farm operated by Mowi Scotland Ltd when, in an attempt to move from a workboat to a barge, he suffered crush injuries, fell into the sea and drowned.

An extensive investigation by the Maritime and Coastguard Agency (MCA) concluded Mowi Scotland, owner of workboat Beinn Na Caillich, failed to take all reasonable steps to ensure this boat was operated in a safe manner.

The accident happened on 18 February, 2020, near Kyle of Lochalsh.

Hendry was picked up from one of the fish pens by workboat Beinn Na Caillich, with a request to be taken to the Sea Cap barge.

On arrival he stepped from the workboat on to the barge’s access ladder. Here he was crushed by the workboat, which had been moving throughout.

As one of his colleagues tried to help him on to the barge, Hendry slipped out of his life jacket into the sea.

Heard by Inverness Sheriff Court on 9 May, MCA’s investigation revealed Mowi Scotland had failed to provide effective safe systems of work, sufficient or suitable risk assessments, sufficient risk mitigation, and sufficient control over Personal Protective Equipment (PPE).

The company also failed to prevent unsafe practice, with sea gates left open while a vessel was travelling.

MOWI Scotland was charged by the Crown Office and Procurator Fiscal Service under the Health and Safety at Work Act, and was fined £800,000. The company must also pay a victim surcharge of £60,000.

“This case highlights the consequences of unsafe practice and failing to operate a boat safely,” says MCA lead investigator Jay Staff.

“My thoughts are with the family and friends of Clive Hendry, who I hope can take some comfort from this result.

“We also hope lessons have been learned. The MCA will always investigate and take action against failings of this nature.”