Death of Falkirk dad-of-three at Glasgow shopping centre to be probed at FAI

Derek McLean from Falkirk, died on August 22, 2019 after an accident at the St Enoch Centre in Glasgow when he was trapped and killed by a robotic demolition machine.

Last November, his employer, Core Cut Limited, was fined £10,000 after pleading guilty at Glasgow Sheriff Court for failing to make a suitable and sufficient assessment to the risks of health and safety of Mr McLean. Now, the Crown Office and Procurator Fiscal Service (COPFS) has confirmed a preliminary FAI hearing is set for August 15 at Glasgow Sheriff Court.

The inquiry will determine the circumstances around Mr McLean's death and will establish if any reasonable precautions could have been taken. It will also determine if any further precautions can be implemented in the future to minimise incidents in similar circumstances.   

Procurator Fiscal Andy Shanks, who leads on fatalities investigations for COPFS, said:  “The death of Derek McLean occurred while in the course of his employment and as such a fatal accident inquiry is mandatory.  The lodging of the First Notice enables FAI proceedings to commence under the direction of the Sheriff. 

“Mr McLean’s family will continue to be kept informed of significant developments as court proceedings progress.” 

At the time Mr McLean’s employers were fined, his family said: "While the sentence may reflect a degree of accountability and leads to improving safety for others, it does not reflect the pain and trauma we feel following the loss of Derek."