Fire service fined £54,000 over Carnock firefighter's death

The fire service admitted to health and safety breaches that contributed to the death of hero fireman Ewan Williamson six years ago.

Mr Williamson (35), who lived in Carnock as a youngster, lost his life when he became trapped while battling a fire at the Balmoral Bar in Dalry Road, Edinburgh, on 12th July 2009.

He was the first firefighter to die fighting a blaze in the history of Lothian and Borders Fire and Rescue Service.

However, the charges were brought against the SFRS, which was formed on 1st April 2013.

In a cruel twist of fate, Mr Williamson wasn't even supposed to be on duty when he became trapped in the inferno, which colleagues previously compared to “flowing lava”.

He was in fact on annual leave but came in for overtime duty due to a shortage of resources.

Judge Lord Uist praised Mr Williamson as a “dedicated and reliable member of the team”.

In his indictment, he said, “The loss of Ewan Williamson, who demonstrated exactly the courage and commitment demanded of this job, has been hard for his family and loved ones to bear, and hard on those immediate colleagues who were there that night as well as members of fire services across the country and beyond.

“Having gained some insight, however superficial, into the work of the firefighter and the difficulties they are expected to encounter and resolve, I consider it necessary to pay tribute not only to him but to those who continue to perform their duty on our behalf, taking risks which few of us could contemplate.” The High Court in Edinburgh previously heard how Mr Williamson had become separated from his colleagues as they exited the building and became trapped in the pub's ground-floor toilet.

Over his radio, he said, “I’ll be there in a minute boss, I’m stuck. I think I’m stuck in the toilet.” When it became clear that he needed help, other firefighters tried to come to his aid.

However several unsuccessful attempts were made to locate him before the building was evacuated after the floor collapsed.

Firefighters later had to force their way into the toilet after cutting their way through a boarded-up window. Mr Williamson was found unresponsive and later declared dead.

The SFRS pled guilty to a single charge and admitted failings “to have in place an effective system of radio communication" and failing "to have in place an effective system of implementation of procedures for firefighters using breathing apparatus" during the fire.

It also admitted failing to "adequately monitor and ensure attendance by firefighters at training courses" and failing to maintain accurate training records between 13 July 2008 and 12 July 2009.

And it further admitted failing to "adequately train firefighters to ensure close personal contact was maintained during firefighting and search and rescue activities" in the same period.

The Crown Office said today (Friday) it was considering whether or not to hold a fatal accident inquiry (FAI) into Mr Williamson's death.

The decision will be made as soon as possible and following ongoing discussions with his family.

Gary Aitken, the Crown Office's health and safety division head, said, "By their plea of guilty the Scottish Fire and Rescue Service have accepted liability for contraventions of the Health & Safety at Work etc Act 1974.

"This result is the culmination of a highly complex investigation carried out by Lothian and Borders Police, the Health and Safety Executive and Strathclyde Fire and Rescue Service, overseen by the Health and Safety Division of COPFS.

“Fire fighters carry out a hazardous job and put themselves in harm's way to protect the rest of society. We are all indebted to them for their courage and commitment.

“Despite the hazards of their duties they deserve protection from unsafe or potentially unsafe systems of work, just as all workers do.

“Our thoughts are with the family of Ewan Williamson at this time and I hope that this guilty plea provides some measure of comfort to them.” Speaking after the fine was imposed, chief officer Alasdair Hay apologised “unreservedly” on behalf of the SFRS for any failing which contributed to Mr Williamson's death.

He said, “Ewan was a very popular and respected firefighter who died a hero in the line of duty at an incident where 16 people were rescued. His professionalism and sacrifice will always be remembered.

“I will now take time to consider the judge’s comments and ensure that the Scottish Fire and Rescue Service, through its safer firefighter programme, is addressing the issues raised throughout this investigation and that all lessons are learned to improve the safety of our firefighters.”