SHERIFFDOM OF LOTHIAN AND BORDERS AT EDINBURGH                                                      

Court ref: EDI-B398-24

RESPONSE

to the

DETERMINATION OF SHERIFF IAIN W NICOL

UNDER THE INQUIRIES INTO FATAL ACCIDENTS AND SUDDEN DEATHS ETC. (SCOTLAND) ACT 2016

IN THE

INQUIRY INTO THE DEATH OF JAMES OSBOURNE MURRAY

To: the Scottish Courts and Tribunals Service

1.

The Health & Safety Executive (HSE), being an organisation to whom a recommendation under section 26(1)(b) was addressed, do respond as follows.

2.

     HSE has an interest in the inquiry but was not a participant in the inquiry.

3.

The recommendation was made for HSE and the Driver & Vehicle Standards Agency (DVSA) to jointly consider how best to improve compliance with the existing legal requirements for load security. HSE’s proposals are set out in paragraphs 4-6.

4.

HSE accepts the inquiry’s observation that there is a lack of clarity in the HSE guidance HSG136 in relation to the duties of the consignor, specifically paragraphs 121 and 145. HSE will review and update HSG136 in the 2026 calendar year to clarify consignor and operator responsibilities during shared loading operations. We will also include new guidance on the loading of palletised loads, the use of XL alongside standard curtain-sided trailers, specific considerations around the transport of palletised loads, the provision of comprehensible information to drivers and loaders, the importance of monitoring and supervision.

5.

HSE will update workplace transport training for its own inspectors to improve workplace enforcement. This will be concluded in the 2026 calendar year.

6.

HSE will work with DVSA, industry groups and associations to communicate key safety messages directly to companies involved in the loading and transport of goods by road in the 2026 calendar year including publication of a specific article in a trade journal.