The death of a 10-year-old boy who fell down an open manhole at a construction site in Glasgow could have been avoided, a sheriff has determined.
Shea Ryan suffered fatal injuries after he slipped from a ladder and plummeted more than six metres down the shaft at the Drumchapel site in July 2020.
The schoolboy and his friends had gained access through an unsecured fence.
In April 2023, RJ McLeod (Contractors) Ltd was fined £800,000 and ordered to pay a £60,000 victim surcharge after the firm admitted breaching health and safety laws.
A fatal accident inquiry (FAI) was ordered following the court case.
Unlike criminal proceedings, FAIs are inquisitorial in nature and are used to establish facts rather than to apportion blame.
In his determination, Sheriff Stuart Reid found there were five reasonable precautions that could have been taken by RJ McLeod and Amey Black & Veatch that may have prevented Shea’s death.
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About two weeks before the incident, Amey Black & Veatch had temporarily transferred the site over to RJ McLeod.
Sheriff Reid said a lack of cooperation and communication between the two firms contributed to Shea’s fatal accident.
Amey Black & Veatch was found to have removed a heavy bag of building material from the top of the manhole shortly before leaving the site.
The company also failed to disclose knowledge of multiple incidents of vandalism to the perimeter fencing in the vicinity of a nearby play park and public footpath.
Amey Black & Veatch additionally failed to flag up multiple reports of unauthorised access to the site by children and others.
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The sheriff said RJ McLeod failed to take “reasonable and sufficient measures” to prevent the unauthorised access.
As well as failing to inspect and maintain suitable perimeter fencing, the firm also failed to check the manhole at the end of each working day to ensure it was fully covered and not accessible to children.
Sheriff Reid made eight recommendations – seven of which were for the Health and Safety Executive (HSE) to review existing practices, policies and procedures and to consider revising them.
These included a review of published guidance to protect children, record incidents of perimeter breaches, prevent unauthorised access to incomplete manholes, and greater cooperation and information sharing between principal contractors.
The sheriff also recommended for Glasgow City Council and other local authorities to review their procedures when play parks are located near a construction site.
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Procurator Fiscal Andy Shanks, who leads on fatality investigations for the Crown Office and Procurator Fiscal Service (COPFS), said: “Shea Ryan’s tragic death has been a catastrophic loss for his family.
“They have my deepest sympathy as they continue to deal with the pain they have suffered.”
Digby Brown Solicitors, which represents Shea’s family, welcomed the sheriff’s recommendations.
A spokesperson for the firm said the determination showed the schoolboy’s death was an “avoidable tragedy”, adding: “There will never be the words that accurately describe the anger, pain and grief Shea’s family are continuing to feel five years since that night.”
