A negligent construction boss who failed to do a risk assessment before a decorator plunged to his death from a cherry picker has been spared jail.
Michael McArthur, who worked as a decorator, plunged to his death from a cherry picker on September 27 2018 after it was struck by a tour bus in Doune, Perthshire. He was painting dormer windows on a house for his boss, Kevin Bowie, 38, the director of Precision Decorating Services (Scotland) Ltd.
Bowie had failed to mitigate the major risks associated with the cherry picker and there was nothing to separate it from the flow of traffic. He was found to have failed to ensure that the work being carried out at height was properly planned, appropriately supervised and carried out in a manner which was, as far as reasonably practicable, safe.
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Bowie was found guilty of a breach of the Working at Height Regulations 2005 and the Health and Safety at Work etc. Act 1974 at Falkirk Sheriff Court on March 31. He was given a Community Payback Order requiring him to be under supervision for 18 months and to carry out 300 hours of unpaid work.
Alistair Duncan, Head of the Health and Safety Investigation Unit, Crown Office, said: "This was a tragic incident that could have been avoided if Kevin Bowie had put in place appropriate protective measures to protect his employee Michael McArthur. Falls from height are usually the greatest single cause of death and serious injury to workers within the construction industry.
“Hopefully this prosecution will remind other employers that failure to fulfil their obligations can have severe and tragic consequences and that they will be held to account for their failings."
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