Prosecutions

The worker drowned on 26 February 2008, when the boat he and four colleagues were using to inspect fish cages filled with water and capsized.

An investigation by the Health and Safety Executive (HSE) found that risk assessments prepared by the company for workers travelling to and from the fish cages were not suitable or sufficient and that the company had failed to provide operating instructions for safe use of the boat used for the task.

The court heard that the boat had been overloaded on a regular basis as the manufacturer's recommendation was that it should carry a maximum of three people.

HSE's investigation also revealed that although a range of buoyancy equipment had been provided by the company they had failed to issue clear advice and instructions on how to use it causing confusion amongst staff.

After the hearing, a HSE Inspector said:

"If the company had carried out a sufficient risk assessment and either provided a higher capacity boat or provided and implemented a safe procedure for using the boat that was provided to travel to and from the fish cages in the loch, then this incident would not have happened.

"There was a maximum load capacity for the boat used by employees, which if exceeded made it more liable to becoming swamped with water and over turning."

At Stornoway Sheriff Court the company was fined £70,000 after it pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974.