Engineer's death in Perth Co-op store 'avoidable tragedy'

  • Published
Sheryl and Kenny HeronImage source, Sheryl Heron
Image caption,

Kenny Heron married his wife Sheryl just four months before his death

The death of an engineer in a Scottish supermarket was "a tragedy that could easily have been avoided", a sheriff has ruled.

Kenny Heron, 51, died in hospital in 2019 six days after a scissor lift accident in a Perth Co-op store.

A fatal accident inquiry found the engineer's failure to deploy adequate supports was the "principal cause".

It also identified deficiencies in training provided to Mr Heron's by his employer Wanzl.

Wanzl, which provides maintenance and repair services for machinery used in supermarkets, has been approached for comment.

Mr Heron, a newly married former British Army engineer, visited the Co-op on Perth Main Street on 11 October 2019 to service a scissor lift in the storeroom.

The fatal accident inquiry , externalfound that he opened a hydraulic port on the lift while the platform above his head and shoulders was being supported by the hydraulic system.

This caused the platform to fall on Mr Heron, who became trapped and suffered serious brain injuries and asphyxia. He died in Ninewells Hospital, Dundee, on 17 October 2019.

In his report, Sheriff Derek Hamilton said neither safety locking devices nor external props, such as wooden blocks, were used to prevent the platform from lowering.

'Clear and obvious danger'

He said that instructions on blocking devices should be reiterated to engineers and should always be provided by Wanzl if they are not available on site. Sheriff Hamilton noted that props were available in the Co-op store but were not used by Mr Heron.

He also said the employer should have provided an operating manual for the lift, completed appropriate risk assessments and provided more comprehensive safety training.

However, Sheriff Hamilton said he could not conclude that such measures "might realistically have resulted in Mr Heron's death being avoided".

"The principal cause of this accident was the failure of Mr Heron to deploy supports," the FAI report read. "That was a clear and obvious danger which Mr Heron would have been aware of."

Mr Heron had the necessary training to know the power supply should be switched off before starting certain work on machines, Sheriff Hamilton said.

"Although any failure to lock off would not have contributed to this accident, it appears that Mr Heron did not follow that safety procedure before commencing his work on the lift," he said.

"Sadly, this is a tragedy that could easily have been avoided."

Image source, Digby Brown
Image caption,

Sheryl Heron described Kenny as a "devoted husband"

Mr Heron's wife Sheryl, from Loanhead near Edinburgh, described him as a "devoted husband and a loving son and brother".

She said: "He served in the Armed Forces, worked overseas and travelled the world and it is not fair or right that his life ended this way."

Simon Hammond, a partner at Digby Brown Solicitors in Edinburgh, supported the family during the FAI and in a separate civil action against Mr Heron's employers.

He claimed that "corners were cut" in the safety, training, equipment, risk assessments and systems of working at Wanzl.

He added: "Fatal accidents of this kind are profoundly devastating for families and completely avoidable - they simply shouldn't be happening in modern workplaces and we will continue to support Sheryl and Kenny's family to ensure they get the answers and recognition they deserve."