Not every fatal accident or sudden death in Scotland results in a FAI. However, the Act ensures that EVERY case of a death during the course of employment results in a FAI.
It is a unique form of inquisitorial procedure. It is not about blame or prosecution. It seeks the truth of a number of matters, defined in the Act as follows.
6.-(1) At the conclusion of the evidence and any submissions sheriff's thereon, or as soon as possible thereafter, the sheriff shall make determination a determination setting out the following circumstances of the etc. death so far as they have been established to his satisfaction-
(a) where and when the death and any accident resulting in the death took place ;
(b) the cause or causes of such death and any accident resulting in the death ;
(c) the reasonable precautions, if any, whereby the death and any accident resulting in the death might have been avoided ;
(d) the defects, if any, in any system of working which contributed to the death or any accident resulting in the death ; and
(e) any other facts which are relevant to the circumstances of the death.