The Crown Office and Procurator Fiscal Service (COPFS) has recently indicated that it is to hold a Fatal Accident Inquiry (FAI) into the deaths of six men who tragically lost their lives in falls from height while working on farms across Scotland.
A preliminary hearing is scheduled for 19 November 2025 at Falkirk Sheriff Court, and when an evidential hearing is fixed, the inquiry is expected to examine the circumstances surrounding each incident, assess compliance with safety regulations, consider what precautions might reasonably have avoided these deaths and defects in systems of work that have caused or contributed to them, as well as issue recommendations to prevent future tragedies.
The cases under review
The six fatalities occurred between 2020 and 2024 and involved individuals aged between 36 and 75. Each death took place in the course of employment, triggering the mandatory FAI process under Scottish law. The individuals were:
- Charles Emslie (71) – died in September 2024 after falling through a grain store skylight at Law Farm, Aberdeenshire.
- Colin Gibson (62) – a self-employed maintenance worker, died in April 2022 after falling through the roof of a cow shed in Peterhead.
- Alan Brisbane (60) – died in September 2023 after falling while working alone in a barn at A and K Farming in Stirling.
- Hugh MacPhail (75) – died in July 2023 after falling through the roof of a sheep shed he was repairing at Callachally Farm on the Isle of Mull.
- Dale Pattinson (36) – director of DWP Roofing and Cladding Ltd, died in August 2023 after falling through a cattle shed skylight at Bassendean Farm in the Scottish Borders.
- James Smith (74) – died in August 2024 after falling through the roof of a cow shed at Bowhouse Farm in Stewarton.
The decision to hold a joint FAI rather than six separate inquiries, suggests there are common themes arising in each and there is a real public interest in having a more detailed scrutiny of deaths from working at height generally.
Legal framework and purpose of the inquiry
Unlike criminal proceedings, FAIs are inquisitorial in nature. Their purpose is not to apportion blame but to establish the facts and determine whether reasonable precautions could have prevented the deaths. The Procurator Fiscal heading up the Crown’s Scottish Fatalities Investigation Unit, emphasised that the inquiry aims to raise awareness of safe practices when working at height which remains a leading cause of fatalities in the rural sector.
The inquiry will hear evidence from a number of witnesses including the Health and Safety Executive (HSE). It will assess workplace safety standards, infrastructure conditions, and adherence to HSE guidance on working at height.
Implications for the rural sector
The rural sector is no stranger to the risks associated with working at height. According to the Farm Safety Foundation, falls from height remain one of the most common causes of farm fatalities. Between 1 April 2023 and 31 March 2024, the HSE reported 23 deaths on UK farms. Given that five of the six individuals involved were aged 60 and over raises additional concerns about the vulnerability of older workers and the need for tailored safety protocols.
This FAI comes at a time of heightened scrutiny over agricultural safety. Despite representing just 1% of the national workforce, the sector is responsible for 18.5% of all work-related deaths, underscoring the urgency for education and a change in working practices in this area.
What should farmers and landowners expect?
The findings of the FAI will likely result in recommendations aimed at improving safety awareness and reducing risks arising from work at height in rural workplaces. It remains to be seen whether, as part of the Sheriff’s recommendations, there is a requirement for HSE to review its guidance in this area.
For now, the HSE’s code of practice ” Working at Height “ provides useful guidance to the industry on steps that need to be taken, to prevent or minimise the risk of falling from height, and to be compliant with the provisions of the Work at Height Regulations 2005 as well as general duties owed to employees and members of the public under the Health & Safety a Work etc Act 1974. The code of practice outlines practical measure such as conducting thorough risk assessments, selecting appropriate equipment, and ensuring that work is properly planned and supervised. It emphasises the important of using collective protection (like guard rails) over personal protection (such as harnesses) and encourages employers to avoid working at height altogether if possible.
In addition to the legal framework, the HSE provides sector-specific guidance and brief documents such as INDG401 (Working at height safely – a brief guide) and INDG455 (Safe use of ladders and stepladders), which offer clear, actionable advice. These resources are particularly relevant to the rural sector, where working at height is often unavoidable and the risks are heightened by outdoor conditions and the nature of agricultural tasks.
Employers are also reminded of their duty to ensure that anyone working at height is competent or supervised by someone who is. This includes providing adequate training, maintaining equipment, and implementing emergency procedures.
It is strongly recommended that rural clients who carry out or engage contractors to carry out work at height undertake a thorough review of their existing systems of work to ensure that they are compliant with health and safety legislation in this area.
Conclusion
The dangers of working unsafely at height are well known, however the upcoming FAI represents a pivotal moment for the Scottish farming industry, as the Court examines the facts and circumstances of 6 tragic accidents, and makes recommendations for the industry going forward. It is a sobering reminder of the dangers inherent in agricultural work and the legal obligations that employers must meet to protect their workers. With the publication of the Court’s determination at the conclusion of the FAI it will be crucial for stakeholders to consider the lessons that can be learned and any recommendations made in respect of work at height in the sector, and importantly to implement meaningful changes to prevent future tragedies.
Please contact your usual Brodies contact or a member of the Brodies’ health and safety team if you would like to discuss what steps you can take to ensure compliance now.
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