Facing jail over death of worker

A Denny painting firm boss is facing jail over safety blunders that led to a worker being flung more than 26 ft to his death when a cherry picker was struck by a bus on a street in Doune.

Kevin Bowie failed to take any steps to ensure that the machine was segregated from traffic while 26-yearold Mikey McArthur was decorating dormer windows on Balkerach Street, a sheriff ruled.

A single-decker tour bus struck the “knuckle” of the cherry picker – which was protruding into the line of traffic – after the driver misjudged the available clearance.

Mr McArthur was ejected from the basket by the force of the impact and fell eight metres to the ground sustaining severe injuries from which he died.

Sheriff Simon Collins QC said 38-year-old Bowie, the owner and sole director of Denny- based Precision Decorat i n g S er v i c e s (Scotland) Ltd., now defunct, had not informed Stirling Council of the planned work, and had put no measures in place to separate the cherry picker, also known as a mobile elevated working platform, or MEWP, from traffic.

Sheriff Collins said such measures could have included cones, barriers, traffic lights or stop-and-go signals.

He said: “This was a busy high street in a popular tourist town. “It was obvious, that without effectively segregating it, the MEWP was at risk of being struck by passing vehicles.

“The situation created was an accident waiting to happen.”

The incident occurred on September 27, 2018.

Sheriff Collins said it should also have been “obvious” to Bowie that there was no-one at the location, such as a banksman, to supervise the work after he had dropped Mr McArthur off and left.

Bowie, of Cumbernauld, denied failing to ensure the work was properly planned, appropriately supervised, and carr ied out in a manner which was, as far as reasonably practicable, safe.

He was found guilty yesterday (Thursday) at the end of a summary trial that began last November.

Sheriff Collins said his decision should “not be taken to mean that Mr Bowie was solely or even mainly responsible” for Mr McArthur’s death.

He said: “The driver of the bus was also clearly at fault for her misjudgment.”

Sentence on Bowie was deferred until June 7.