Sheriff finds increased safety checks could have avoided death of fitter caught by spindle of metal boring machine

About this case:

• Citation:
  [2026] FAI 9
• Judgment:
  External link
• Court:
  Sheriff Court
• Judge:
  Sheriff Neil Wilson

Kenneth Begg, who died on 15 April 2021 at Aberdeen Royal Infirmary after being airlifted to hospital, had been employed by Rosskeen Engineering Ltd since 2001. In criminal proceedings, Rosskeen pled guilty at the earliest opportunity to a contravention of sections 2(1) and 33(1) of the Health and Safety at Work etc Act 1974 on 19 November 2025 and was sentenced to pay a fine of £12,000.

The inquiry was conducted by Sheriff Neil Wilson at Tain Sheriff Court. The court received written submissions from the Crown. Ms Mitchell, solicitor, appeared for Rosskeen and Mr Cowie, solicitor, appeared for the daughter of the deceased, Emma Begg, and adopted the submissions of the other participants.

Fractures to ribs

Mr Begg had been employed by Rosskeen since 2001 and was regarded as the most experienced user of a horizontal boring machine owned by the company. He had been significantly involved in the drafting of the risk assessment for the use of the machine and its subsequent revisions. In 2015, following an inspection by the Health and Safety Executive, the machine was fitted with a wand switch, an electronic trip probe to be positioned between the operator and the rotating stock bar of the borer to mitigate against the risk of entanglement when close observation of a workpiece was required. Rosskeen also arranged weekly visits from an external health & safety consultant, Ms Jardine.

At around 7am on 15 April 2021, Mr Begg started the boring machine to bore a hole through a metal workpiece known as a pad eye arrangement. He had not placed the wand switch between himself and the rotating part of the machine, and when he leaned into the rotating spindle, his boiler suit became caught on it, and he was spun around the rotating spindle a number of times before the machine came to a stop.

Emergency services were contacted and he was taken by air ambulance to ARI, but shortly after arrival there he suffered a cardiac arrest and was pronounced dead at 11:50am. A post-mortem examination determined that Mr Begg died from multiple injuries including fractures to most of his ribs, both legs, and left arm, together with a laceration and soft tissue damage to the left arm. Mr Begg was also identified as having an enlarged heart, which would have contributed to his death.

A subsequent investigation by the HSE concluded that, for the wand switch to operate as an effective safeguard, a system of management ought to have been in place to ensure the operator consistently used the switch when operating the machine. It was noted that previous observed failures by Mr Begg to use the wand switch had not been reported to management as to trigger more frequent supervisory checks. Additionally, colleagues had reported he had seemed distracted in the week leading up to his death, and that he was upset due to one of his daughters being diagnosed with an incurable form of cancer.

Only possible finding

In his determination, Sheriff Wilson began: “Given the contents of the Joint Minute, the inevitable, and only possible, finding, in terms of section 26(2)(d) [of the Fatal Accidents and Sudden Deaths etc (Scotland) Act 2016], was that the immediate cause of the accident resulting in the death of Mr Begg was the failure, on his part, to place the wand switch between him and the machine.”

He continued: “Mr Begg had previously been observed, by the external health and safety consultant, to have failed to correctly position the wand switch. This was not whilst the machine was running, but during the stage of setting it up. This was brought to the attention of Mr Begg by the consultant, and he rectified his error. Whilst it is not clear when this occurred, given that the external consultant had only resumed her post-pandemic visits to Rosskeen Engineering in the two weeks leading up to the accident resulting in Mr Begg’s death, it can be safely assumed it was shortly before the accident.”

Considering the adequacy of the safety measures in place, Sheriff Wilson said: “What was not present in the safe system of working were requirements that any breaches would give rise to more frequent safety checks. This is illustrated by Rosskeen management’s reaction to [a previous] issue with the safety fence, namely that discussions took place regarding alternate fencing, but the safety breach did not give rise to any increase in the frequency of safety inspections. Whilst it is accepted that the safety fence was not designed to protect the operator of the borer, an immediate reaction in the form of an enhanced inspection regime would have served to remind Mr Begg of the general importance of complying with safety measures.”

He concluded: “Submissions for Rosskeen Engineering, regarding possible section 26(2)(f) factors, also referenced Mr Begg’s apparent mental state at the time of the accident, but go on to state that speculation as to whether this contributed to the accident would be inappropriate. I am firmly of the view that any speculation Mr Begg’s apparent mental state at the time of the accident would be entirely inappropriate and accordingly will not form part of any finding.”

In light of assurances offered to the Crown that appropriate steps had been taken by Rosskeen to address the failings that led to Mr Begg’s death, the sheriff found it was not necessary to make any recommendations and concluded the inquiry by offering condolences to Mr Begg’s family.