The 53-year-old Dunnottar man died after being struck with a large section of tree trunk on 25 June 2020.
In his determination, Sheriff Andrew Miller found that the accident could have been avoided had the drop zone been clearly identified, physically marked, and properly supervised, with reliable communication between the climber and ground crew and safer methods used to control falling timber.
The absence of these measures constituted defects in the working system that contributed to Mr Pirie’s death.
The Sheriff recommended that the Arboricultural Association increase industry awareness of its Industry Code of Practice for Arboriculture: Tree Work at Height, especially guidance on site conditions and consider whether the Code requires revision in light of the circumstances of the incident.
Unlike a criminal trial, an FAI seeks to establish the facts surrounding the death and is not a hearing which apportions blame.
The purpose of an inquiry is to establish the circumstances of the death and to consider what steps, if any, may be taken to prevent other deaths in similar circumstances.
The Procurator Fiscal, who acts in the public interest, provided detailed and comprehensive evidence to the Inquiry on the facts and circumstances of Mr Pirie 's death.
Following the publication of the determination, Debbie Carroll of the Crown Office and Procurator Fiscal Service, Scotland’s death investigation authority, said:
“We note the Sheriff’s Determination.
“The Procurator Fiscal ensured that the full facts and circumstances of Andrew Pirie's death were provided at the mandatory Fatal Accident Inquiry.
“The Determination has been provided to Mr Pirie's family and our thoughts are with them at this time.”
Further information
For more information on Fatal Accident Inquiries, see the Crown’s guide.