Kairdson Tyres Limited, who provided vehicle recovery services to Police Scotland, pled guilty to failing to ensure their employees had information, instruction and training to carry out vehicle recovery work in a way that was properly planned, appropriately supervised and carried out in a safe manner.

The company also failed to ensure a suitable and sufficient risk assessment was carried out and provide a wind measuring device crucial to the safe use of the hydraulic crane in vehicle recovery work.

The procurator fiscal told the court that the fatal incident happened at the B999 Pitmedden to Potterton road, Aberdeenshire on 27 October 2018. It was raining and there were high winds.

Robert Garvock, a senior recovery operator, was in the process of recovering a stolen vehicle which was on its side down an embankment.

Metal chains had been attached to the front and rear axles of the vehicle and Mr Garvock was standing on the nearside of the recovery vehicle cab operating the hydraulic controls when the vehicle was being lifted out of the ditch.

A police officer and one of Mr Garvock’s colleagues shouted a warning that the lorry was leaning to its nearside. The lorry then suddenly tipped onto its nearside and the cab came down on top of Mr Garvock. He died at the scene.

An investigation by the Health and Safety Executive found a number of failings by the company as part of the investigation into the death of Mr Garvock, though his death was not caused by these failings.

The company no longer carry out recoveries which involve lifting operations.

Following the conclusion of the criminal proceedings the Crown Office will begin the process for a fatal accident inquiry to examine the full circumstances surrounding Mr Garvock’s death, identify the learning and help to avoid such incidents happening in the future.

Debbie Carroll, who leads on health and safety investigations for the COPFS, said: “By failing to have suitable measures in place Kairdson Tyres Limited put their employees at unacceptable risk of serious injury or death.

“This prosecution should remind employers that they have a duty to take all reasonable health and safety measures to protect their employees and that they will be held accountable for any failure to do so.”