Two companies fined a total of £640,000

following the death of two fish farm workers on a barge moored at a salmon farm on Loch Creran, Argyll & Bute.

Scottish Sea Farms worker, Campbell Files and engineer Arthur Raikes - employed by Logan Inglis Limited, Cumbernauld - were fixing a hydraulic crane on the barge when they went below deck to find cabling and pipework.

The oxygen levels below deck were very low and Mr Files passed out while Mr Raikes managed to climb back out.  In an attempt to rescue Mr Files, two colleagues, Maarten Den Heijer and Robert MacDonald entered the small chamber below deck but lost consciousness almost immediately.

The three men needed to be rescued by emergency services but only Mr Files recovered, while his colleagues died at the scene.

Following the incident on 11 May 2009, inspectors from the Health and Safety Executive (HSE) discovered Scottish Sea Farms had not provided suitable information, instruction and training for employees working in the small sealed chambers on the Loch Creran barge or a safe way for them to work.

Logan Inglis Limited had not provided information, instruction or training for their engineers on working in these confined spaces so Mr Raikes was also not aware of the risks he faced on the barge.

Neither company had identified the risk to their respective employees from working in the confined space chambers.

At Oban Sheriff Court today (4 July) Scottish Sea Farms, was fined £600,000 after pleading guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974. Logan Inglis Limited of 14 Dunswood Road, Wardpark South, also pleaded guilty to a breach of Section 2(1) of the Health and Safety at Work etc Act 1974 and was fined £40,000.

Commenting at the conclusion of the case HSE Principal Inspector Barry Baker said:

"These two men were trying to help save their colleague's life when they tragically lost their own. Aquaculture is an important industry in Scotland and one that we can be very proud of; however we must not forget that the marine environment is dangerous and unforgiving.

"Since September 2007 the Marine Accident Investigation Branch has started three investigations into incidents in which a total of six seafarers have died in confined spaces.

"The deaths in this case should have been avoided - the risks should have been identified and a clear and safe system of work prepared. Only those fully trained in confined space work and emergency rescue should have carried out the work in the chamber, and only after a full risk assessment including air monitoring and testing for oxygen levels."

David Jones, Editor-in-Chief of Rook Systems comments:

"Anyone who has to work in any confined space faces far greater risks than normal open air working ... "

"This prosecution was brought under Section 2(1) of the Health and Safety at Work etc Act 1974 which states: "It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees"

"The Confined Spaces Regulations 1997 also states in Section 4(2) that so far as is reasonably practicable, no person at work shall enter or carry out any work in or (other than as a result of an emergency) leave a confined space otherwise than in accordance with a system of work which, in relation to any relevant specified risks, renders that work safe and without risks to health"

"It is absolutely clear that anyone who employs another to go into any confined space and undertake any work in that space simply must be properly trained to do so ~ indeed, so must the employer properly understand and manage the risks in a competent manner so as to keep all safe from harm."

"An amazing amount of training could have been provided for a fraction of the £640,000 that was paid out in fines! ~ and two people would still be alive and well now and their families and friends would still enjoy having them around ... "

Rook Systems trainers are available to deliver essential training packages that cover working in Confined Spaces.   Many organisations have little awareness of what a confined space actually is and how to assess the dangers of working in these special places.   A call to Rook Systems will be a good starting point and, judging from the huge fines and criminal records etc., that call could be the best call you make ...

Ed.