SFRS fined over health and safety breaches that resulted in firefighter’s death

Ewan Williamson died in 2009 while fighting a blaze at the Balmoral Bar in Edinburgh.

At the High Court in Edinburgh today, Lord Uist (pictured) imposed the fine on the SFRS, and explained it had pleaded guilty “to a contravention of sections 2(1), 2(2) and 33(1)(a) of the Health and Safety at Work etc Act 1974.”

He also paid tribute to Mr Williamson’s “courage and dedication”.

The SFRS, which assumed control from the eight regional brigades in 2013, previously pleaded guilty to a charge relating to the incident.

Mr Williamson’s family said he had voiced concerns about the absence of health and safety training given to firefighters only a week before he died.

The statement added he thought this was due to budget cuts.

They added: “He went on to say that it would not be long before these cuts led to the death of a firefighter.

“His words have been echoed by many of the firefighters we have spoken to since his death.

“Scottish Fire and Rescue Service now owe it to Ewan to confirm they will engage with the Fire Brigades Union as a matter of urgency to see to it that the lessons from Dalry Road are learned and applied without further delay.

“In the meantime, for the same reasons, the lord advocate must give serious consideration to holding a fatal accident inquiry into Ewan’s death.”

Mr Williamson was separated from a colleague as they left the bar. They had been trying to find the blaze in the bar’s basement but retreated because of the extreme heat and lack of visibility.

The two officers became separated while following a hose line out of the building.

Mr Williamson became stuck in the men’s toilets which were positioned directly above the fire in the basement.

A “BA emergency” – a situation where firefighters wearing breathing equipment are in danger – was launched but Mr Williamson’s colleagues could not find him before the floor collapsed and the building was evacuated.

His body was found and removed through a boarded up window.

The SFRS admitted a failure “to have in place an effective system of radio communication” at a hearing last month and also a failure “to have in place an effective system of implementation of procedures for firefighters using breathing apparatus” at the time of the fire.

It also admitted a failure to “adequately monitor and ensure attendance by firefighters at training courses” in the period July 13 2008 to July 12 2009 and to “adequately train firefighters to ensure close personal contact was maintained during firefighting and search and rescue activities” in the same period.

Peter Gray QC, acting for the SFRS, told the court Mr Williamson was “highly-regarded” and “very popular” and that his absence was “felt deeply”.

Crown counsel are to consider whether or not it is in the public interest to hold a fatal accident inquiry into the death.

The decision will be made as soon as possible and following ongoing discussions with Mr Williamson’s family.

Gary Aitken, head of the health and safety division of the Crown Office and Procurator Fiscal Service (COPFS) 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.”