Queensferry Crossing worker's death was a 'tragic accident'

Sheriff William Gilchrist said John Cousin caused his own death by removing a central pin that secured the 550kg piece of steel.

A fatal accident inquiry held in Stirling in November heard that the 62-year-old, from Northumberland, sustained "unsurvivable injuries" after the jib of a hired Giraf track crane fell on him.

An experienced fitter, Mr Cousin was employed by the Forth Crossing Bridge Constructors (FCBC) and was working on the new £1.35 billion bridge when he was killed on April 28, 2016.

He had offered to help Stewart Clark, a fitter who was preparing to replace a leaking hydraulic hose on the crane.

The central pin was holding the fly jib onto the boom arm of the crane and its removal caused the jib to fall, striking Mr Cousin on the head and body.

In his written determination issued on Friday, Sheriff Gilchrist said that with better training, Mr Clark might have used a "more appropriate" method of replacing the hose which did not involve touching the jib.

But he said: "Regrettably, the only conclusion that I can reach is that the reason the fly jib struck the deceased was because he was positioned underneath the fly jib at a point near the centre of the fly jib where he was engaged in removing the central pivot pin.

"This was a tragic accident. I can understand why Mr Cousin's family might believe that he would not have removed the central pin on his own initiative.

"I can therefore understand why they might be critical of Stewart Clark's competence and the training provided to him by his employers. "However, on balance, I am not persuaded that he (Mr Clark) instigated or acquiesced in the removal of the pin.

"Accordingly, the criticisms of his training, while justified, cannot give rise to a finding of a defect in a system of work because any such defect would not have contributed to the cause of the accident."

Sheriff Gilchrist recommended that consideration should be given to imposing a requirement – or advising through guidance – that a warning should be attached to the pins advising operators "not to remove the pin without first having confirmed that the fly jib is secured by another pin."

The inquiry was told that the bridge worker died after entering an area he was not supposed to and "involving himself" in the repair of the machine without being asked.

A witness said Mr Cousin was "motionless" on the bridge deck in a pool of blood and his hat on the ground after being struck by the jib.

He was stretchered from the bridge by a series of staircases and a lift and taken by boat to South Queensferry, where a paramedic, ambulance personnel, and two coastguards tried for 25 minutes to resuscitate him.

The cause of death was given as chest injuries.

The inquiry heard that Mr Clark was not trained or competent to move the fly jib but he said that :"I didn't require any assistance and I didn't ask for any assistance in any way."

Isabelle Martin, the Health and Safety Executive's principal inspector for the construction industry in Scotland, said they had assessed the evidence surrounding the tragedy as part of a "wide-ranging investigation".

She said Mr Clark, 29, who had been sent on his own to carry out the "straightforward" repair by the crane's owners, the GGR Group, had removed one of two pins securing the jib in order to move it slightly to get at the hose.

There was nothing unsafe or illogical in this, she said, but Mr Clark then had heard "hammering" behind him, which, it could be inferred, was Mr Cousin knocking out the only remaining pin with a heavy spanner.

With nothing holding it, the heavy jib, designed to swing outwards on nylon rollers, fell from its housing and struck him.

Gavin Callaghan, fiscal to the inquiry, asked her: "Did you form a view of who had removed the central pin?"

Miss Martin replied: "Yes I did."

Mr Callaghan: "And in terms of your investigation, who did you understand that to be?"

Miss Martin: "Mr Cousin".

She had added: "He was not tasked with work on any of the cranes on hire from GGR, and may only have been aware of the need for repair from overhearing a phone call.

"There is no evidence to demonstrate Mr Cousin was asked to take part in any maintenance on the crane by his employer, or by the crane owners GGR."