Mowi assistant farm manager Clive Hendry drowned when he fell into the water after being crushed between a workboat and a feed barge at Loch Alsh. His partner his suing Mowi for compensation.

Mowi facing court after feed barge transfer tragedy

Salmon farmer charged under Health and Safety at Work Act

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A court case involving Scotland’s biggest salmon farmer, Mowi, is due to begin at Inverness Sheriff Court this afternoon. It is understood to be related to the death of Mowi fish farmer Clive Hendry in an accident at the company’s Ardintoul site, Loch Alsh on 18 February, 2020.

An investigation by the UK's Marine Accident Investigation Branch has previously outlined how the 58-year-old assistant site manager was crushed between a workboat and a feed barge drowned during a transfer to the barge and drowned after falling into the water.

Mowi Scotland is facing one charge under the Health and Safety at Work Act 1974 S2(1) & 33(1)(A).

Scetion 2(1) of the Act states that it shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.

Section 33(1)(A) states that is an offence for a person to fail to discharge a duty to which he is subject by virtue of sections 2 to 7 of the Act.

Sections 2 to 7 covers general duties of:

  • employers to their employees;
  • employers and self-employed to persons other than their employees;
  • persons concerned with premises to persons other than their employees;
  • persons in control of certain premises in relation to harmful emissions into atmosphere; manufacturers etc. as regards articles and substances for use at work; employees at work.