Farmer’s death caused by failure to apply brake

Victim’s wife admits her husband had a habit of not applying vehicle handbrakes

The death of a farmer killed by a forklift truck in a Perthshire barn could have been avoided had he applied the handbrake, a sheriff ruled yesterday.

Graham Shaw, 54, who became trapped between the forklift and the barn wall, had a “habit” of not applying handbrakes, an inquiry heard.

A fatal accident inquiry at Perth Sheriff Court into the 2018 tragedy heard that Mr Shaw, a director of Peattie Farms Ltd, Coupar Angus, where the accident occurred, had entered the barn alone to use the machine to move halftonne fertiliser bags.

By the time he was found by a colleague he was already dead as a result of traumatic asphyxiation.

The inquiry heard he must have accidentally knocked the gear lever while climbing out of the cab with the engine still running, having not pulled up the handbrake.

This engaged a forward gear, causing the machine to move forwards and trap Mr Shaw between it and the wall.

Sheriff Lindsay Foulis, who presided over the inquiry in July, said in a written judgment: “A precaution which could reasonably have been taken and might realistically have resulted in the said accident being avoided was the deceased applying the handbrake prior to his exiting the cab.”

The inquiry heard that according to his wife, Mrs Kay Shaw, 60, Mr Shaw often left handbrakes off.

Sheriff Foulis said: “The point regarding non-application of the handbrake was spoken to by Mrs Kay Shaw in her deposition.

“She detailed that the deceased did not always apply the handbrake when driving a car or pick up and was in the habit of leaving them in gear.

“Indeed, she later commented in her deposition that he usually did not apply a handbrake and referred to entering vehicles after the deceased had used them to find the vehicle in gear and the handbrake not always applied.”

The inquiry also heard that the handbrake had not been working efficiently “for a number of months”,

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If the handbrake had been applied... the accident would not have happened. SHERIFF LINDSAY FOULIS

though it would still have forced the machine into neutral if applied.

Sheriff Foulis called for the official consideration of the introduction of “some sort of inspection and maintenance regime, in effect the equivalent of an MOT” for farm machinery, adding: “If the handbrake had been applied, irrespective of its effectiveness, the accident would not have occurred.”

The sheriff offered his condolences to Mr Shaw’s family.

The National Farmers’ Union Scotland said earlier this year of the tragedy: “Deaths like this bring a catalogue of heartbreak and misery to Scottish families.”

Mr Shaw was a leading curler and a stalwart of the Mercure Perth Masters, which attracts stars from all over the world.

Organisers said his death had left a “large gaping hole” in the Perth Masters tournament.

A curling award – the Graham Shaw Spirit of Curling Award – was created in his memory.

Mr Shaw was crushed to death at Mill of Peattie Farm after being pinned to the wall of the barn by his forklift truck.