Lawford Kidd's Blog

The owner of a Derbyshire firm that specialises in refurbishing precision machining tools has been fined for safety breaches after a worker severed a thumb while lifting a heavy component.

Mark Evans, who was 45, was working on rebuilding a rotary table device when the incident happened.  As he worked on the tool, which is used for drilling or cutting work at exact intervals around a fixed axis, and weighs around 30kg, it came loose from a sling attaching it to the prongs of a forklift truck that was being used to lift it.

As the sling slipped through the eyebolts in the rotary table, Mr Evans’ right thumb was somehow trapped by the sling and eyebolt, severing it completely and causing further tendon damage to the hand.

An independent panel, chaired by a Liverpool University professor, has concluded that the Fee for Intervention (FFI) scheme - found under regulations 23 to 25 of the Health and Safety (Fees) Regulations 2012 - has been widely effective and should stay.

A new guide, which is aimed at reducing road traffic accidents in Scotland, has been published by The Royal Society for the Prevention of Accidents (RoSPA).

The step-by-step guide, which will help councillors in Scotland to prevent road tragedies, was compiled after RoSPA joined forces with Transport Scotland.  Whilst the new guide is primarily aimed at local councillors, it can be used by anyone who wants more information about road safety and how to improve it.

According to the guide, three people still die and 37 seriously injured on Scotland’s road every single week. The risk of being involved in a road traffic accident is higher for some groups, including young drivers, older drivers, at-work drivers, motorcyclists, pedestrians, pedal cyclists and children.

Fatal Accident Inquiries (FAI) are taking too long and prolonging pain and upset for bereaved families, the Association of Personal Injury Lawyers (APIL) has said, as a Scottish Government consultation on improving the inquiries process comes to a close.

“The real problems lie with the huge delays before the matter gets as far as an inquiry,” explained Gordon Dalyell, Scotland representative of APIL.

“It can sometimes take years for a fatal accident inquiry to get underway because of delays in investigations by the Health and Safety Executive and the Crown Office in deciding whether one is necessary,” he added.

Two recent cases have marked a distinct increase in the amount of compensatory damages awarded in fatal cases.  

Both cases concerned section 4(3)(b) of the Damages (Scotland) Act 2011, which allows family members to claim damages for distress and anxiety, grief and sorrow, and loss of society and guidance following the death of their loved one.  

In the first case, Margaret Anne Gallagher & Others v SC Cheadle Hulme Ltd & Others, the widower received £80,000 and adult children £35,000. Importantly, a distinction was made between grandchildren - two grandchildren were awarded £35,000 each while the others were awarded £12,000 each, calculated on the basis of the closeness of relationship of the grandchildren with the deceased.