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Global drinks manufacturer fined after worker suffered serious burns at distillery
An international drinks manufacturer has been fined half a million pounds after an employee sustained burns to over 30% of his body.
On 24 March 2021, the mechanical engineer was repairing a defective pump at the Glenlossie Distillery Complex in Elgin when he was burned by pot ale. The liquid, which had a temperature of 104 degrees Celsius, came out suddenly and unexpectedly from a pipe.
The worker sustained burns to his arms, hands, shoulders, back, chest, lower legs and ankles, before spending two weeks in intensive care, where he was placed in an induced coma.
An HSE investigation found Diageo failed to do all that was reasonably practicable to ensure maintenance operations could be carried out without a worker being put at risk of injury.
HSE guidance on the safe isolation of plant and equipment (HSG253) provides steps to prevent the release of substances that are hazardous including hot, flammable and toxic substances. The guidance can be found at
Breach
Diageo Scotland Limited pleaded guilty to breaching Section 2(1), Section 2(2)(a), Section 2(2)(c), Section 33(1)(a) and Section 33(1)(c) to the Health and Safety at Work etc Act 1974:
- Section 2(1) applies a duty on every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all employees.
- Section 2(2)(a) states that the duty under Section 2(1) particularly extends to providing and maintaining plant and systems of work that are, so far as is reasonably practicable, safe and without risks to health.
- Section 2(2)(c) states that the duty under Section 2(1) particularly extends to providing information, instruction, training and supervision necessary to ensure, so far as is reasonably practicable, health and safety at work of employees.
- Section 33(1)(a) makes it an offence to fail to discharge duties under Sections 2 through 7.
- Section 33(1)(c) makes it an offence to contravene any health and safety regulations, any requirement or prohibition under such regulations, including any requirement or prohibition under a condition or restriction under a relevant licence, approval, exemption or authorisation.
Penalty
Diageo Scotland Limited was fined £500,000.
Food manufacturer fined following three injuries involving machinery
A food manufacturer has been fined more than half a million pounds after three employees suffered serious injuries in separate incidents involving machinery between June and December 2022:
- On 25 June 2022, a woman’s arm was drawn into a conveyor belt at the company’s site in Kearsley, Bolton. As a result, she suffered two open fractures and permanent nerve damage in the hand. She underwent three operations and the insertion of two metal plates to repair the damage.
- On 20 July 2022, a man working at the company’s site in Sidney Street, Bolton was injured after becoming trapped in a mechanical mixer. He was attempting a repair to the machine when the lid of the mixer dropped onto his left arm. Neither the supervisor or manager on call were contactable and the employee was stuck in the machine for around 90 minutes, eventually being freed by the fire brigade. The man suffered an open fracture to the arm as well as other fractures and nerve damage in the left forearm.
- On 4 December 2022, also at the Kearsley site, a woman had a finger severed after her hand became entangled in an unguarded drive belt on a machine that she was operating. She was also left with ongoing nerve damage to the hand.
Manchester Magistrates’ Court heard that the company had a history of poor machinery guarding practice, having previously been convicted and fined £858,000 following an incident in 2021.
The HSE investigation into the 2022 incidents found the company failed to keep employees safe from risks posed by food manufacturing machinery and that training was inadequate and monitoring insufficient to rectify issues.
Breach
David Wood Baking Limited pleaded guilty to breaching Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998:
- Regulation 11(1) requires every employer to take measures to prevent access to any dangerous part of machinery or to any rotating stock-bar or to stop the movement of any dangerous part of machinery or rotating stock-bar before any part of a person enters a danger zone.
Penalty
David Wood Baking Limited was fined £573,344 and was ordered to pay £12,288 in costs.
Company fined for failing to manage Legionella risk at a prison after the death of an inmate.
Amey Community Limited has been fined after it failed to manage the risk of legionella bacteria in hot and cold water systems at HMP Lincoln.
The inmate died on 5 December 2017 after contracting Legionnaires’ disease while serving a prison sentence. Water samples from the man’s cell and nearby shower blocks tested positive for legionella days after the 71-year-old died.
The HSE investigation found that Amey Community Limited, which provided facilities management services at HMP Lincoln, failed to act on a risk assessment carried out in 2016, failed to put in place a written scheme for preventing and controlling legionella risks, failed to ensure that appropriate water temperatures were maintained and failed to monitor water temperatures in the water system in October and November 2017. This allowed legionella bacteria to multiply rapidly.
HSE guidance states any risks of exposure to legionella needs to be identified and managed.
Breach
Amey Community Limited pleaded guilty to breaching Section 3(1) to the Health and Safety at Work etc Act 1974:
- Section 3(1) applies a duty on every employer to ensure, so far as is reasonably practicable, that persons other than employers are not exposed to risks to their health or safety.
Penalty
Amey Community Limited was fined £600,000 and was ordered to pay £15,186.85 in costs.
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