Company manager jailed for two years and firm fined over employee death

J M Access Solutions Ltd was also fined £30,000 for breaching its duty to ensure that those using the cherry picker were not exposed to risks of serious injury or death, by failing to carry out an adequate Thorough Examination.

Sheriff Collins made the statement below in court.

On 20 July 2012, at Buchanan House in Glasgow, Alexander Nisbet and Gary Currie were working in the basket of a cherry picker at a height of about 30 metres. Alexander Nisbet was operating the cherry picker. Gary Currie was removing netting from the façade of Buchanan House.

Just after noon, Main Boom 3 of the cherry picker buckled, crashing the basket to the ground. Alexander Nisbet was seriously injured but survived the crash. Gary Currie lost his life.

The cherry picker was owned by Craig Services & Access Limited, a company that hired out lifting equipment. The person who to all intents and purposes was the manager of that company, was Donald Craig.

In running its business Craig Services owed a duty to Alexander Nisbet and Gary Currie to ensure, so far as was reasonably practicable, that they were not exposed to the risk of serious injury and death. Moreover the company was under an absolute duty to maintain the cherry picker in efficient working order and good repair. The company also had a duty to ensure the cherry picker was thoroughly inspected at least every six months.

Craig Services breached all three of those duties. In all three of those duties Craig Services’ attitude to safety was cavalier.

On charge 1, by unanimous verdict of the jury, Craig Services was found guilty of breaching its duty to ensure that those using the cherry picker were not exposed to risks of serious injury or death, by failing to maintain the cherry picker in a safe condition, in consequence of which the fatal accident on 20 July 2012 occurred. Donald Craig, who on the evidence was at the heart of every decision made in relation to the cherry picker, shares that guilt.

To find out what went wrong, one can go back to 17 May 2011. On that day, in Penicuik, Main Boom 3 of the cherry picker buckled whilst it was in use. The consequences of that could have been catastrophic, but the descent of the boom was halted by the roof of a block of flats. The cause of the failure of Main Boom 3 was never fully investigated, and remains a mystery.

After the Penicuik incident, some nine months passed, during which time discussions about liability between Craig Services and the cherry picker’s manufacturer’s representative – a company called CTE Spa – got nowhere. CTE Spa advised replacement of at least Main Boom 3 of the cherry picker. Craig Services was not prepared to do that.

Given that it had not been established why Main Boom 3 had buckled at Penicuik, on an objective view, a decision not to replace the boom at that time was justifiable. However, it was what happened next that set in train a series of unfortunate events, culminating in the fatal accident at Buchanan House.

Craig Services decided to repair Main Boom 3. On 10 February 2012 Donald Craig told CTE Spa that by e-mail. No discussion about the propriety of that approach ever took place between Mr Craig and CTE Spa. Craig Services did not have any manufacturer’s approval or manufacturer’s specification in relation to the proposed repair.

A matter of days later, Craig Services instructed a firm of welders to carry out the repair. The owner of that firm is called Mr Thomson.

Given the extent of damage to Main Boom 3, it was obvious that the job would involve a major repair and an extensive modification of Main Boom 3. Before the job started, Donald Craig told Mr Thomson that Main Boom 3 was going to be nested inside Main Boom 2.

Whilst the repair was being undertaken Donald Craig gave that same assurance to the welder who carried out the job, stating that the cherry picker would be used as a short-reach machine only. The repair was carried out on that understanding.

The significance of the assurances that Mr Craig gave was that, had Main Boom 3 remained nested in Main Boom 2, Main Boom 3 would not load-bear. In fact, at no time did Craig Services carry out any modification to the cherry picker to ensure Main Boom 3 did not load-bear.

The only other information that Craig Services supplied to the welding firm was an e-mail from a metallurgist. Despite already knowing from CTE Spa the steel’s correct composition, Craig Services instructed the metallurgist to carry out an analysis of the steel used in Main Boom 3.