FAI following Lewis joiner’s fatal fall reaches its conclusion

A fatal accident inquiry into the death of John Norman Murray, a joiner who died after falling from a roof on the Isle of Lewis, has concluded at Stornoway Sheriff Court.

Mr Murray, 58, was an experienced joiner who lived with his wife in Ness, Lewis. On November 13, 2019, he was working on the roof of Bragar Community Hub buildings, Grinneabhat.

The building, a former primary school undergoing renovation, was a single-storey detached stone property with a pitched asbestos slated roof.

“The vent pipe was to be cut away and replaced by slates,” the FAI report said.

“The two-stage ladder allowed Mr Murray to gain access to the edge of the roof from ground level. The extendable roof ladder allowed Mr Murray access from the edge of the roof to the vent pipe area.

“Roof ladders have wheels on one side. They are placed in position by wheeling the ladder up the roof and then being flipped over. Hooks at the top of the ladder sit over the ridge at the top of the roof.

“Just after 11am Mr Murray fell from height. The roof ladder became detached from the ridge of the roof. The reason why this occurred is unknown.

“Mr Murray held onto the ladder as it moved down the roof and then he fell heavily from the ladder. He struck his head.”

A day later he died in hospital. The cause of death was certified as head injury due to or as a consequence of a fall from height.

Unlike a criminal trial, a Fatal Accident Inquiries (FAI) is a fact-finding exercise rather than a hearing which apportions blame.

The FAI considered what steps could be taken to prevent further deaths in similar circumstances and was held following a specialist investigation by the Procurator Fiscal into Mr Murray’s death. This followed an investigation by the Health and Safety Executive (HSE) which concluded in 2020.

“The method used by Mr Murray to access the roof complied with HSE Guidance,” the FAI report said. “Had HSE inspectors passed the site and viewed the way in which the access to the roof was being carried out by Mr Murray they would not have stopped the task.”

The family of Mr Murray had legal representation at the FAI and the evidence of a consultant engineer was led on their behalf. The engineer’s evidence looked at alternative ways in which work at height could be carried out.

Photographs of freestanding mobile scaffolding towers being used inappropriately and outside industry guidance on other sites were provided as part of evidence led.

Sheriff Gordon Lamont recommended HSE review these photographs and take any remedial action required. It was further recommended HSE consider whether any additional measures are required to highlight and reinforce guidance on the use of mobile scaffolding towers.

‘Had HSE inspectors passed the site and viewed the way in which the access to the roof was being carried out by Mr Murray they would not have stopped the task.’

Debbie Carroll, who leads on health and safety investigations for the Crown Office and Procurator Fiscal Service said: “Evidence led on practices at other sites saw recommendations made on consideration of current guidance on mobile scaffolding towers.

“Mr Murray was appropriately carrying out a task with suitable equipment, free from defects, in compliance with HSE guidance.

“Our thoughts are with Mr Murray’s family at this time.”