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Mr Muir, HM Inspector, who carried out an investigation for the Health and Safety Executive, accepted this to be a safe system of working and that it complied with the duties and obligations imposed by Regulations 6(3), 6(5), 7(1)(b), 9(2)(a) and (b) and 9(3) of the Work at Height Regulations 2005.

On 22 July work was nearing completion and the new render was to be applied.

Mr Black sought initially to dampen the render on the gable with a hose.

He then ascended a ladder which he placed to the left of the tower scaffold to assist in the application and smoothing of the render.

Mr Black taking reasonable care for his own health and safety: this by following a safe practice in applying the render to the gable wall.

In particular Mr Black should not have worked from the outside of the tower scaffold without precautions to prevent a fall and the ladder he was using should have been secured or held in position.

[2] Fatal accident inquiries and the procedure to be followed in the conduct of such inquiries are governed by the provisions of the 1976 Act and the Fatal Accidents and Sudden Deaths Inquiry Procedure (Scotland) Rules 1977 made under section 7(1) of the Act.

The purpose of an Inquiry held in terms of the 1976 Act is for the sheriff to make a determination setting out the following circumstances of the death, so far as they have been established to his satisfaction: [3] The Court proceeds on the basis of evidence placed before it by the Crown and by any other party to the Inquiry.To undertake this task he stepped from the ladder and placed his feet on the outside rail of the tower scaffold.He hooked his right arm around the tower scaffold and smoothed the render. Mr Black initially hung on to the tower scaffold before he fell to the ground, a distance of some 12 feet. [9] An ambulance was called and Mr Black taken to Crosshouse Hospital, Kilmarnock.The Inquiry heard evidence on 7, 8 and 9 November 2016.Ms Watts appeared for Greater Glasgow Health Board.Ian John Leitch Black, born 30 June 1961 who resided formerly in Newmilns, Ayrshire died in Glasgow Royal Infirmary at on 30 July 2013.The accident resulting in Mr Black’s death occurred at 19 East Edith Street, Darvel, Ayrshire, on the morning of 22 July 2013.On 23 July Mr Black was seen by Mr Thomas, orthopaedic consultant at Crosshouse Hospital, who prescribed dalteparin, a low molecular weight heparin (LMWH), which was given to Mr Black.LMWH is the standard thromboprophylaxis for trauma patients with acetabular and pelvic fractures.The determination must be based on the evidence presented at the Inquiry and is limited to the matters defined in section 6(1) of the Act.Section 6(3) of the Act sets out that the determination of the sheriff shall not be admissible in evidence or be founded on in any judicial proceedings, of whatever nature, arising out of the death or out of any accident resulting in the death.

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