An Inverness firm has been fined £80,000 after an asbestos surveyor suffered horrific burns and died following an electrical explosion at an energy park on the Cromarty Firth.
Christopher Earley, 64, was inspecting buildings earmarked for demolition at the Port of Nigg, which is operated by Global Energy Group, when he opened a live switchpanel resulting in the electrical “flashover”.
Mr Earley, the director of CWE Asbestos Consultants Ltd, was seen emerging from the smoking building and removing his smouldering clothes to reveal serious burns to a third of his body.
The married father-of-four, from Elgin, was airlifted to hospital following the incident, which happened on December 10 2020, but died three months later.
At Tain Sheriff Court today Global Energy Group Nigg Limited pled guilty to breaching health and safety regulations by failing to maintain a switch room on the site in an appropriate condition.
The charge detailed how live switchpanels did not carry suitable warning signs or labels to indicate that they were energised at a potentially dangerous voltage and redundant switch panels were not marked as such.
It also stated how the internal door with a visual warning between the switchroom and the workshop was absent.
Fiscal depute Stella Swan told the court that on the day of the incident Mr Earley had been tasked with carrying out an asbestos survey of an unused fabrication workshop space in advance of demolition.
She said: “The technical manager did not intend that the switchroom would form part of the demolition asbestos survey at that time.”
She added that Mr Earley, who spent 23 years on the RAF as a technical mechanical engineer, was informed that the warehouse, which required an electrical supply, would be live during his inspection.
It was noted that the shop itself had no electrical supply, but the switch room remained functional, receiving and distributing electrical power.
Mr Earley was accompanied by a member of site staff during the first part of his inspection, but the pair separated for a tea break at around 10am and the other man believed that the asbestos surveyor had returned to his vehicle.
“At 10.34am two other workers saw smoke billowing from the switchroom and went to investigate,” Ms Swan said.
She said the pair then encountered Mr Earley who was taking off “smouldering” clothing to reveal significant burns.
He said he had opened a cabinet and there had been “a flash”. Asked why he had been in there he replied: “I had to check it”.
Mr Earley was airlifted to hospital where he was found to have burns to 33% of his body.
After initially being flown to Aberdeen Royal Infirmary, he was transferred to the specialist burns unit in Glasgow Royal Infirmary, where he died following complications, including sepsis, on March 10 2021.
An HSE inspection of the switchroom noted the missing door and the lack of labelling to the switch panels – some of which were live and some of which were not.
Barry Smith KC, for Global Energy Group Nigg Limited, told the court that his clients wished to “formally record their sincere regret that this accident resulted ultimately in such tragic consequence and to formally extend our condolences to the family”.
He highlighted the positive role the company, which has no previous convictions, plays in jobs creation and industry in the region, noting that the site forms part of the recently announced Cromarty Firth freeport.
He said: “Global Energy Group Nigg Limited has an entirely responsible attitude towards health and safety and devotes considerable resources to ensuring that its responsibilities are met.”
He said it was accepted that there was a failure to ensure that the switchroom was kept in an appropriate condition, but pointed out that in ordinary circumstances the area “was not accessed by anyone at all”, adding: “Shop seven and the switchroom were effectively closed off.”
He said the company had responded “appropriately and responsively” to the accident.
“Lessons have been learned and continuing improvements in safety made,” Mr Smith said.
Handing down a fine of £80,000, together with a £6,000 victim surcharge, Sheriff Gary Aitken said: “This was clearly a tragic incident with dreadful consequences for Mr Earley and his family.
“It is a matter that should never have happened. Global Energy Group Nigg Limited clearly recognise that by their plea of guilty.
“It is clear that those who require to learn lessons from this tragic incident have done so and have clearly embraced these lessons.
“I would join Mr Smith in conveying my condolences to Mr Earley’s family.”
Speaking after the sentencing, Debbie Carroll, who leads on health and safety investigations for the Crown Office and Procurator Fiscal Service (COPFS) said: “Christopher Wayne Earley lost his life in circumstances which were foreseeable and entirely avoidable.
“By failing to maintain the switchroom in an appropriate condition Global Energy Nigg Limited put someone not employed by them at unacceptable risk.
“This prosecution should remind duty holders that failing to take reasonable health and safety measures can have fatal consequences and they will be held accountable for this failure.”