Widow of fish farm worker who died after he was crushed and drowned at work blasts inquiry into his death

A widow whose partner was killed while working for one of Scotland biggest salmon farm operators has branded the inquiry into his death a ‘whitewash’.

Clive Hendry, an experienced fish farm worker, was crushed and drowned as he stepped between a boat and a feed barge in February 2020 while working for Mowi, a Norway-based seafood company that operates across Scotland.

Last year the company admitted health and safety failings and was fined £800,000.

A fatal accident inquiry (FAI) was held online in May which heard evidence from MOWI employees and where agreed evidence was provided.

Sheriff Gary Aitken ruled: ‘There are precautions which could reasonably have been taken that might realistically have resulted in the death, or accident resulting in the death, being avoided.’

Despite saying this, he stopped short of making recommendations for MOWI to implement in the workplace.

Had the sheriff done that, the company would be required to make changes based on recommendations or explain why they weren’t.

Last night Mr Hendry’s widow Catriona Lockhart said she felt let down by the Crown Office, who led the inquiry, and felt that more evidence should have been heard including from her on the impact of Mr Hendry’s death.

She said: ‘The whole thing is a whitewash as far as I’m concerned. Clive died that day because he was crushed and drowned, he was a competent swimmer. If he hadn’t been crushed he wouldn’t have died.

‘The sheriff determined precautions could have been taken and that there were defects in the system of working that contributed to Clive’s death but made no recommendations that MOWI would need to follow. Why not?’

Mr Hendry, from Dornie, Rossshire, worked for Mowi for 12 years before his death at Ardintoul fish farm in nearby Loch Alsh.

He stepped through an open gate on the Beinn na Cailleach boat to a ladder on the feeding barge, in a practice known as a touch and go transfer.

While on the ladder, he was crushed by the boat and slipped into the water where he drowned.

The 58-year-old’s workmates did not know how to use the ‘man overboard’ equipment on the boat.

A report was compiled by the Marine Accident Investigation Branch (MAIB) after Mr Hendry’s death which later revealed that in the five years leading up to the tragedy, there had been 18 similar incidents, including eight crushing accidents.

Ms Lockhart has had support from Scottish Hazards, a body which work to prevent work-related injury and illness by providing health and safety advice and support to workers.

It is calling on the aquaculture industry to honour their former employee by making changes that could save someone else’s life.

CEO Ian Tasker said: ‘The outcome of this FAI is disappointing for everyone at Scottish Hazards and for Miss Lockhart, whom we have supported throughout her ordeal.

‘She feels Clive was failed in the worst possible way by his employer, and that she has now been failed by the justice system.

‘From the outset she has wanted answers to questions she had relating to Clive’s death and to ensure whatever came out of the legal process and the inquiry it would lead to a safer aquaculture industry.

‘Yet this determination delivers no formal recommendations.

‘We want to make it clear though, this determination must be heeded by the industry, and actions must be taken to deliver on Sheriff Aitken’s words, not least where he notes Clive’s death raises a number of points for the industry to consider.’

The sheriff noted that there should have been specific risk assessments for the transfer of personnel from large workboats to floating structures.

And that following from that, there should have been a safe system of work for such transfers.

He said that such a system of work should have required that the vessel be stationary during transfer and mandate that personnel should only embark or disembark from the vessel when signalled by the master of the vessel that they are satisfied that it is safe to do so.

Sheriff Aitken added: ‘There were defects in any system of working which contributed to the death or the accident resulting in death.’

There was no clear system for the transfer of employees between vessels and ‘no clarity’ as to how they were to be done and there was a lack of man overboard training.

Ms Lockhart doesn’t believe, despite the evidence led at the inquiry, that changes have been made since Mr Hendry’s death including more regular training and safer systems of work.

Her grief was compounded by not having the chance to have an in-person inquiry but instead was forced to listen to her partner’s last moments over a webcam, despite calling for it to be held in court.

Ms Lockhart added: ‘I had to listen to the whole thing online - Clive’s final moments over a computer screen with terrible communication.

‘One witness gave evidence from a public train and others looked uninterested, this wouldn’t have happened in a court room.

‘I still don’t know to this day what really happened. But I do believe there should be the option of a corporate homicide charge and that the Crown Office took the easy option by making a plea deal.

‘There was then a three day FAI with only witnesses from MOWI, I never got to speak about Clive or the impact his death has had on me.

‘I want to save someone else from going through this. This will happen again and I want to stop that.’

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