Sheriff concludes death of man crushed by metal bracket 10 days into new job was avoidable

About this case:

• Citation:
  [2026] FAI 14
• Judgment:
  External link
• Court:
  Sheriff Court
• Judge:
  Sheriff Paul Reid

George Boyle died aged 61 on 21 October 2020 at his workplace in Cambuslang as a result of crush asphyxia caused by the accident. A mandatory inquiry was ordered as he died as a result of an accident in the course of his employment, in which his employer, Walkerweld Engineering Ltd, participated.

The inquiry was conducted by Sheriff Paul Reid at Glasgow Sheriff Court. Mr Ul-Hussan, procurator fiscal depute, appeared for the Crown and Ms Bonomy, solicitor, for Walkerweld. Members of Mr Boyle’s family were present but did not participate in the inquiry.

Directly in front

Walkerweld’s premises, which it shared with another company, consisted of a fabrication shop and a machine shop, with the accident occurring at an Anyak HMW 5000 bed milling machine situated within the machine shop. The component involved in the accident was a 1.3 tonne cast iron angle bracket used to hold workpieces in position while being machined.  On the day of the accident Mr Boyle and a colleague, Mr Plawgo, were tasked with using the bed milling machine to manufacture components for the oil industry.
To allow the angle bracket to lifted by the gantry crane within the premises, Mr Boyle attached an eyebolt to one end of the angle bracket and connected a chain sling between the eyebolt and the lifting hook of the crane. Whilst the angle bracket was being slowly moved over the boring machine, the eyebolt broke through the top of the angle bracket, causing the bracket to detach from the eyebolt and fall partially onto the bed of the boring machine. Mr Boyle, who was directly in front of the bracket, was struck on the back while attempting to move out of the way and trapped underneath.

Following the accident an assessment was carried out by a specialist inspector from the Health & Safety Executive which identified the angle bracket had fallen because part of the casting which was immediately adjacent to the point where it had been lifted, had broken away. The Crown submitted that Mr Boyle’s death resulted from inadequate supervision, ineffective planning and a lack of lifting training on the part of Walkerweld’s employees.

For Walkerweld, it was conceded that it would have been a reasonable precaution for Mr Boyle’s employers to make him aware of the custom and practice of marking lifting accessories with red or yellow paint. In particular those marked with yellow paint were not to be used. Further it would have been a reasonable precaution for the deceased to have chosen a more suitable lifting point on the angle bracket which would have been in accordance with any previous training he had. It was apparent and obvious to all those involved that the choice of the lifting point was entirely inappropriate and those who were involved were at a loss as to why that point was chosen.

Inappropriate to speculate

In his determination, Sheriff Reid began: “On the available evidence at the inquiry, I have determined that Mr Boyle died as a result of crush asphyxia because of the falling of the angle bracket trapping him beneath it. Whilst the precise reason for why it fell cannot be established definitively, a reasonable inference may be drawn from the evidence of the HSE specialist inspector that the cause of the accident arose as a result of a defective piece of the angle bracket, namely its casing.”

Considering reasonable precautions, the sheriff said: “At the time of the accident Mr Boyle was assisted by fellow employees, Mr Plawgo and Mr Wilson. Both employees confirm in their statements dated 3 November 2020 they had not been trained in lifting or slinging. In addition, the Health and Safety Report dated 30 April 2021, lodged as Crown Production 8 reveals that the eyebolt used in this accident was of insufficient size to completely fit onto the hook of the gantry crane. These are issues which would have been addressed if a system of advanced review was in place prior to these tasks being undertaken.”

He added: “[It would have been a reasonable precaution] for the employers of Mr Boyle to identify safe lifting points on the angle bracket such as by using a colour coded system. This is a matter of importance given the circumstances of this accident. Within Crown Production 4, there are photographs of the second angle bracket on the premises which clearly reveal a crack running from a lifting point to an edge.”

On Mr Boyle’s conduct, Sheriff Reid concluded: “I do not consider it appropriate to make comment upon whether Mr Boyle had used an appropriate lifting point during this task. No evidence was led indicating whether this indeed was the case or not. It would be inappropriate to speculate. I have not identified any matter which would require a finding beyond the formal findings in terms of section 26(2) of the Act as set out earlier. In that I concurred with submissions of both the procurator fiscal depute and Ms Bonomy.”
The sheriff then closed the inquiry, expressing condolences to Mr Boyle’s family and friends.