Painting firm boss sentenced for cherry picker death safety failings

Mikey McArthur sustained fatal injuries in the incident in 2018

A manager whose safety failings led to a worker being thrown to his death when his cherry picker was hit by a bus has been given a community sentence.

Mikey McArthur, 26, sustained fatal injuries in the incident in Doune, Perthshire, in September 2018.

His boss Kevin Bowie, 38, failed to ensure that the work was properly planned, appropriately supervised, and carried out in a safe manner.

Bowie was ordered to carry out 300 hours of unpaid work.

He was also placed under supervision for 18 months at Falkirk Sheriff Court.

A trial was told that no suitable measures were in place to effectively segregate the cherry picker from street traffic.

The court heard that the single-decker tour bus struck the knuckle of the cherry picker, which was protruding into the line of traffic, after the driver misjudged the available clearance.

Mr McArthur, 26, was thrown from the basket by the force of the impact and fell eight metres (26ft) to the ground, sustaining fatal head injuries.

A court was told the cherry picker was protruding into the line of traffic

Sheriff Simon Collins QC said Bowie had not informed Stirling Council of the planned work.

He said: "The situation created was an accident waiting to happen.

"There was neglect on the part of the accused, as director and employer."

Bowie, of Cumbernauld, had denied the charges, but was found guilty by a jury.

Sheriff Collins said Bowie had sought "in effect" to blame Mr McArthur, an experienced cherry picker operator, for the failures.

Mr McArthur's family were awarded £315,000 in damages from coach operator Timberbush Tours and its insurers at the Court of Session last year.