Orkney council worker killed by reversing lorry could not hear it
- Published
A council worker killed by a lorry could not hear it approaching as he was operating a leaf blower and wearing ear defenders, a sheriff has said.
Keith Johnston, 52, died after being struck by the reversing tipper lorry on the Dounby to Twatt road near Birsay, Orkney.
A fatal accident inquiry (FAI) was held into his death, which happened in 2017.
Sheriff Gerard Sinclair has now said in his determination the accident could realistically have been avoided, external.
Mr Johnston was blowing loose stone chips on to the resurfaced carriageway.
He suffered multiple injuries sustained when he was run over by the tipper lorry.
Mr Johnston had previously been advised not to operate the leaf blower at the rear of the resurfacing operation.
The sheriff said: "The combination of the noise of the blower and the noise reducing effect of the ear defenders meant that he could not hear any approaching vehicles.
"Had he refrained from operating the blower the accident could have been avoided."
The driver could not explain why had failed to see Mr Johnston, and the sheriff also said it was "inexplicable".
The sheriff said the council had responded appropriately by investigating and addressing the defects in the system of working in place at the time of the accident.
Mr Johnston had been with the council for 24 years and was regarded as "very reliable and experienced".
Sheriff Sinclair added: "I wish to record my appreciation for the way that Mrs Johnston, the wife of the deceased, and other family members who were in attendance throughout the inquiry, dealt with what was obviously some difficult and distressing evidence with such quiet dignity.
"I would like to finally add my own sincere condolences to the family for their tragic loss."
The flag over the Orkney Islands Council offices in Kirkwall flew at half-mast after Mr Johnston died.
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