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Major Scottish drinks company hit with fines over Moray health and safety breaches

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A major Scottish drinks firm has been fined £18,000 for safety failings after two workers were injured in falls at separate plants in Moray.

Diageo Scotland Ltd admitted failing to take suitable and sufficient measures when work was carried out at height, and failing to ensure employee health and safety during two isolated incidents in 2012.

Robert Edward, then 51, fell nearly 13ft from a portable ladder while clearing a blockage inside a chute in a grain silo at the maltings in King Street, Burghead, on January 1, 2012.

He was found unconscious on the floor by another worker and taken to hospital with concussion, a cut to his head and a dislocated finger. He had restricted movement in his hand but has returned to work.

Two months later, on March 16, at Glenlossie dark grains plant in Thomshill, Elgin, Peter Douglas, then 43, was standing on the engine bonnet of a loader shovel to wash the roof when he slipped and fell more than 6ft to the ground.

Mr Douglas was taken to hospital suffering from a bleed to the brain and a shattered bone in his left leg. His short term memory has been affected, however he has returned to full-time employment.

Elgin Sheriff Court heard yesterday that a Health and Safety Executive (HSE) investigation revealed that Diageo had failed to take sufficient steps to prevent the use of ladders in unsafe circumstances when clearing blockages at Burghead Maltings.

Representing Diageo, solicitor James Varney told the court that Diageo accepted full responsibility for the incidents and had acted to ensure no future incidents of a similar nature would occur.

Mr Varney added that the company had set up various training methods to allow employees to “equip themselves with the ability to identify risk” to prevent any similar future incidents.

Sheriff Susan Raeburn said she regarded the second incident as “considerably more serious” than the first.

Sheriff Raeburn also acknowledged Diageo’s “commendable” health and safety record before issuing the company a £6,000 fine for the first offence at Burghead, and £12,000 for the second at Glenlossie.

Speaking after the case, HSE principal inspector Niall Miller said: “Both of these incidents, which could have proved fatal for the workers involved, could have been avoided had Diageo Scotland Ltd ensured its employees were adequately protected from the risks associated with their jobs.

“In both cases Diageo had provided work at height training, which included risk assessment training, and believed their employees should be competent to plan and carry out work at height. However, it is not sufficient for health and safety instructions merely to be given to workers; employers must also ensure those instructions are carried out.”