T W SCOTT (PAINTING CONTRACTORS) LIMITED v. PROCURATOR FISCAL, ABERDEEN

[1] The appellants went to trial in the Sheriff Court at Aberdeen on a summary complaint containing two charges. The charges were in the following terms:

"(1) Between 22 September 1998 and 26 October 1998, both dates inclusive, at Cults Academy, Hillview Drive, Cults, Aberdeen, being an employer in terms of the undernoted Act, you T.W. SCOTT (PAINTING CONTRACTORS) LTD did fail to ensure so far as was reasonably practicable, the health, safety and welfare at work of your employees in respect that:

(a) you did fail to carry out a suitable and sufficient assessment of the risks to health and safety of your employees arising out of or in connection with the conduct of your undertaking at Cults Academy, Hillview Drive, Cults, Aberdeen, namely the painting of the extent of said Cults Academy, in that you failed to identify the risk of the tower scaffolding becoming unstable whilst being moved and the risk of injury thereby;

(b) you did fail to provide information to two of your employees, namely George Anderson Dickson and Thomas McArthur Mireylees, both c/o Grampian Police, Queen Street, Aberdeen, on (1) the risks to health and safety to which they were exposed whilst they were at work; (2) the risks to health and safety or persons not in your employment arising out of or in connection with the conduct of your undertaking; and (3) the preventative and protective measures to be followed by said employees.

CONTRARY to Section 2(1) and 33(1)(a) of the Health and Safety at Work Etc Act 1974