Paul Alliston; Martin Johnstone; Christopher Morrison
Scotland — FAI
Workplace
3 recommendations
Determination
| Reference | 2022FAI-LOUISA |
| Published | 2 March 2022 |
| Sheriff | Sheriff Principal Derek Pyle |
| Sheriffdom | Grampian Highland and Islands |
| Date of death | 9 April 2016 |
| Location | Mingulay Bay, Outer Hebrides |
| Cause of death | Drowning when liferaft failed to inflate |
Recommendations 3
PDF
Addressed to:
MCA
Fishing industry supervisory bodies
The MCA is encouraged to pursue its proposal to the International Maritime Organisation that all new abandonment (solid fill) lifejackets should have a minimum 150 Newtons buoyancy, that their testing regime be more robust and realistic and that they be fitted as standard with a retention device and sprayhood. All relevant supervisory bodies should monitor carefully the compliance by the fishing industry with Merchant Shipping Notice 1884 (F), International Labour Organization Work in Fishing Convention (No 188): Working Time Application of the Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004 as amended, and in particular Regulation 3.1 and in particular for share fishermen.
No mandatory response mechanism — unlike PFD reports (England & Wales), recipients are not required to respond.
About FAIs
Fatal Accident Inquiries are held under the 2016 Act before a sheriff. They are mandatory for deaths in custody and at work. The sheriff may make recommendations under s.26(1)(b) but there is no enforcement mechanism.