In 2020 Clive Hendry, an employee of Mowi Scotland was killed at work, during a crew transfer between a workboat and a feed barge. The company was fined £800,000 in May 2023 (reduced from £1,200,000 due to the guilty plea submitted by the company).
Scottish Hazards welcomes the campaign by BFAWU Scotland to secure trade union recognition in the company, a move that would undoubtedly make Scottish processing plants and fish farms operated by Mowi Scotland safer, healthier and fairer places to work.
We supported Clive’s partner Catriona throughout the legal proceedings, and will be doing so when forthcoming Fatal Accident Inquiry commences.
From our discussions with Catriona, the company’s approach to health and safety appears to have been lacking, there was little evidence of health and safety consultation, and there was definitely no trade union recognition.
Clive’s death was investigated by the MAIB, the investigation branch of the Maritime and Coastguard Agency. Strangely the MCA, in response to a Freedom of Information request from Scottish Hazards stated they did not enforce health and safety legislation and they had no mechanism for reporting dangerous occurrences. (RIDDOR elsewhere).
It seems strange workers in the aquaculture industry working onshore, on fish cages or feed barges (all enforced by the HSE) have protection under the Health and Safety at Work Act 1974, including an obligation to report under the Reporting of Disease and Dangerous Occurrences Regulations 2013 (RIDDOR),.Whereas, if an incident occurs on a vessel there appears to be no obligation to report an incident.
Why is this important?
In the 5 year period leading up to Clive’s death, Mowi recorded 18 other boat transfer incidents, including 8 crush incidents when transferring crew between vessels and fish farm installations. This was uncovered in the MAIB Investigation (Page 11). In the absence of a legal obligation to do so these incidents are only recorded in-house, no investigations by regulators and no opportunities to learn lessons and prevent further tragedies.
The anti-trade union stance taken by Mowi Scotland appears to be at odds with Norwegian parent company, whose 324 page integrated annual report makes several references to labour unions and a global commitment to collaboration with unions to ensure health, safety and fair work across the organisation. The report states that 73% of their employees are covered by a collective agreement, not in Scotland they’re not. The majority Mowi employee in our country is covered by a collective agreement, and they miss out on the positive health and safety benefits employer consultation and collaboration with highly trained trade union health and safety representatives can deliver for them and their families. The only exception being the Mowi Feed mill in Kyleakin, operated as a separate entity and trade unions are recognised, presumably under the Norwegian collective bargaining arrangements.
It is known across the world that trade unionised workplaces are safer workplaces, you are less likely to be killed, injured or made ill by work if the kind of collaboration with trade unions Mowi extol in their global report exist in workplaces. The fish farming industry is high risk, although regulators would say different, but then again regulators are part of the problem. Lack of investigation of incidents, no proactive enforcement activity, confusion over enforcement responsibilities and failing to recognise trade unions provides the opportunity for employer’s to manage their health and safety agenda unchecked.
This is from Mowi’s integrated report mentioned earlier.
“All Business Units in Mowi are required to have, and have established safety committees. The committees have participation from both management and employees, as well as from labour unions where they have representation. All Business Units have dedicated safety representatives, who have the safety responsibility for all locations and sites in the business units operation”.
Scottish Hazards is doubtful this is the case in Scotland, even if it Mowi’s description of their health and safety representative functions is vastly different to the vital role independent highly trained trade union health and safety representatives play in keeping our workplaces safe.
This is why we are calling for Mowi Scotland to enter into discussion with BFAWU Scotland and work in collaboration with them, as your parent company expects to ensure Mowi Scotland is a healthy, safe and fair employer.
Union workplaces are safer, healthier and fairer.
If you are a Mowi employee, be safer and healthier at work, Join BFAWU
Leave a Reply
You must be logged in to post a comment.