Fife firm fined £800,000 for death of worker set to face Fatal Accident Inquiry

The Crown Office and Procurator Fiscal Service (COPFS) has begun the process for a Fatal Accident Inquiry (FAI) into the death of Clive Hendry while working for Rosyth based salmon farming business, Mowi Scotland. The 58-year old died in February 2020 while transferring from a work boat to a floating permanent structure known as the Sea Cap at the company’s Ardintoul fish farm on the South side of Loch Alsh.

The firm was fined in May, and now COPFS has lodged a First Notice to begin the court process for a Fatal Accident Inquiry. A preliminary hearing is set for 27 October 2023 at Inverness Sheriff Court.    

The inquiry will explore the circumstances of Mr Hendry’s death, with particular focus on risk assessments and systems of work in relation to boat transfers to the Sea Cap, the wearing of restraining straps on lifejackets and the content and frequency of any man overboard training delivered by the company.

The purpose of an FAI includes determining the cause of death; the circumstances in which it occurred, and to establish what, if any, reasonable precautions could have been taken, and could be implemented in the future, to minimise the risk of future tragedies in similar circumstances. Unlike criminal proceedings, FAIs are inquisitorial in nature, and are used to establish facts rather than to apportion blame.     

Procurator Fiscal Andy Shanks, who leads on death investigations for COPFS, said: “The death of Clive Hendry occurred while in the course of his employment and as such a Fatal Accident Inquiry is mandatory. The lodging of the First Notice enables FAI proceedings to commence under the direction of the Sheriff. 

“Mr Hendry’s family will continue to be kept informed of significant developments as court proceedings progress.”