A council worker died after he was run over by a lorry driven by his colleague, a sheriff has ruled. Keith Johnston, 52, was part of a road maintenance team working on Orkney and had been supervising a closed junction.
But he left his post while wearing ear guards to move loose stone chips onto the resurfaced carriageway. His colleague Nicholas Darby reversed a tipper truck but failed to see Johnston working with a leaf blower on the road and hit him.
Emergency services raced to the scene in June 2017 but he could not be saved. A fatal accident inquiry at Kirkwall Sheriff Court has now found the death was avoidable.
Sheriff Gerard Sinclair said if Johnston, of Dounby, had not been using a leaf blower while wearing ear defenders the accident could have been prevented. He highlighted the lack of "clear traffic management plan" at the site which would have "minimised" the need for vehicles to be reversing while work was being carried out.
The sheriff also criticised a lack of "competent site supervision" to direct drivers to the safest route and avoid them having to reverse down the A967 road. He said if Johnston had continued to supervise a closed road junction instead of operating the stihl leaf blower the accident may have been avoided.
But he made no formal recommendations after being told Orkney Islands Council (OIC) had "responded appropriately" to the accident and had "addressed" defects in their working systems following a probe by the Health and Safety Executive (HSE).
In a written judgment, Sheriff Sinclair said: "Keith Johnston had previously been advised not to operate the stihl leaf blower at the rear of the resurfacing 'train' and whilst the surface dressing process was active. He was wearing ear defenders to protect his ears from the noise made by the stihl leaf blower.
"The combination of the noise of the blower and the noise reducing effect of the ear defenders meant that he could not hear any approaching vehicles. Had he refrained from operating the blower, the accident could have been avoided."
Sheriff Sinclair commended Johnston's wife and family for sitting through the inquiry with 'quiet dignity' and passed on his condolences for their loss.
Following his death, then chief executive of Orkney Islands Council Alistair Buchan said: "Keith was a much-valued member of staff and a highly-skilled and experienced member of our roads team. He will be deeply missed by his colleagues."
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