Sister's fight after brother's death at work

Michael Adamson died in an accident while doing his job. Now his sister is fighting to change the law

WHEN Louise Adamson thinks about the brother she lovingly refers to as Mickey Tam, tears well up and she struggles to speak.

It is almost two-and-a-half years since Michael lost his life after being electrocuted at work – an incident that left his Edinburgh family devastated.

"Our lives can never be the same again," says Louise. "Every birthday, Christmas or family gathering is marred because the one we loved so much is missing.

"When you lose a son or brother who is so young you have to try and learn to live with that fact. The old adage says 'time heals'. It doesn't.

"He wasn't ill. He hadn't been in a car accident. He hadn't been assaulted. He went out to work and did not come back. That is incredibly difficult to come to terms with."

Louise, of Trinity, and her family are now bracing themselves for further trauma when they must sit through a court case in which every detail of Michael's last moments will be scrutinised in detail.

The case, which will see Michael's employers MITIE Engineering Services (Edinburgh) Ltd face charges under the Health and Safety at Work Act, will begin in March, the day after Michael was due to turn 29.

But even if the firm is found to be at fault, Louise, an employment lawyer, is fearful there will be no justice for her brother.

From April, the Corporate Manslaughter and Corporate Homicide Act will punish businesses which, through their negligence, have been responsible for the death of a worker.

The punishment for companies found guilty will be an unlimited fine, but directors or senior managers cannot be charged with an offence.

Louise, 31, believes that the current threat of a fine – even if it is an unlimited one – will not persuade companies to make workplaces safer.

Instead, she is calling for an urgent change in legislation so that employers can be jailed if they are held responsible for a fatal accident.

Indeed, Louise feels so strongly about this that she has joined forces with the pressure group Families Against Corporate Killers (FACK) and has met with politicians at the Scottish Parliament to lobby for change.

"Where a death is caused by negligence, we must ensure that the punishment fits the crime and, equally importantly, that the punishment sends out a signal to others about the importance of health and safety measures in order to prevent others losing their lives."

Louise says that when Michael died, he had everything to look forward to – his career was going well and he was planning to get married.

The siblings grew up in Pilton, where parents Ronnie, 57, and Pat, 55, still live. Louise has many happy childhood memories of her little brother.

She describes him as a "good-natured wee rascal", adding: "It would be fair to say he wasn't the biggest fan of school.

"That was clear from the word go when, in his first week, he tried to run away from the playground every morning when our mum was dropping him off.

"He did finally realise he actually needed to stay in the school for the whole day – the fact our dad started taking him was maybe no coincidence."

Michael, known to his friends as Mikey, was a keen footballer and spent many a weekend on the touchline, drinking from a flask of Bovril and cheering on Broughton Boys' Club.

"After Michael's death, our mum and dad received a letter from one of their friends who had refereed his games when he was growing up," recalls Louise.

"He said he would always remember that, when giving free kicks against him, Michael would always argue that the other player fell over, and then would smile that smile of his and walk away shaking his head."

But it was when Michael took up golf that he really found his sporting forte, and Louise describes him as a "cracking player" who had a handicap of ten.

Michael began as a junior at Torphin Hill and he was a member at West Lothian Golf Club – a place where family and friends have held two fundraising tournaments in his memory.

Held around the anniversary of Michael's death, Louise hopes that the golf tournament will become a regular feature of the local sporting calendar.

"Michael had grown into a brilliant young man who always put others ahead of himself and would drop everything if you needed a hand with something," smiles Louise.

"Michael enjoyed life to the full and was always there to cheer you up with that twinkle in his eyes and large smile.

"Even one of his colleagues who had not known him for long told us in the days following his death that it was a joy to work with Michael and it was a pleasure to go to work in the morning knowing that he would always be there with a warm 'good morning' and cheery disposition.

"The number of personal visits, cards and letters my mum and dad received in the days and weeks after the incident that killed him, telling them what a wonderful person Michael was, have been a great comfort."

It was an emergency job at a sports shop that was about to open in Dundee that saw 26-year-old Michael, who completed an apprenticeship as an electrician at Stevenson College, leave his home in Bo'ness on 4 August 2005.

He was working to connect up a security system when he touched a live wire and was thrown off the steps to his death.

Says Louise: "I still can't believe I'll never answer the phone again and hear the words 'How you doin' sis?'

"Nothing can ever prepare you for not getting the chance to say a proper goodbye to your wee brother.

"I had to say goodbye to him as he lay dead in a hospital bed at the age of 26.

"He had a whole lifetime ahead of him and that year should have been his best so far. He had met the girl of his dreams and was due to be married.

"Instead of preparing for these celebrations, 2005 turned out to be the worst of our lives and the pain lives with us to this day."


NEW LAW 'NOT TOUGH ENOUGH'

THE Families Against Corporate Killers (FACK) organisation estimates that up to 1700 people are killed in work-related incidents in the UK every year.

The group also states that up to 70 per cent of deaths and serious injuries are due to management and health and safety failures.

Legal experts say the new UK-wide legislation on corporate killing that is due to come into effect in April will probably make it easier to gain a conviction.

However, the new law's most serious sanction will remain an unlimited fine – something campaigners do not believe goes far enough.

FACK members believe bosses whose companies are guilty of negligence should be held personally responsible and face jail.