Company fined £86,000 after worker crushed

The company was fined at Stirling Sheriff Court

A company has been fined £86,000 after a worker was crushed between part of a conveyor and concrete blocks.

Brian Donoghue, 62, had suffered a medical episode and fell onto the conveyor after getting out of his forklift truck on the Dollar Industrial Estate, Falkirk.

Stirling Sheriff Court heard it was thought possible his hi-vis clothing may have interfered with the laser sensor and caused the conveyor to restart.

Marshalls Mono Ltd admitted a health and safety breach.

The incident happened in April 2022.

The court heard the machinery restarted and a pallet on the conveyor began to press against Mr Donoghue, before a colleague noticed what had happened and pressed an emergency stop.

Richard Brown, prosecuting, told the court that other workers used a forklift to remove the concrete blocks that were pressing on Mr Donoghue, and an ambulance was called.

He suffered crush injuries including a fractured shoulder blade, seven broken ribs, a punctured lung and nerve damage.

He spent three days in intensive care, and lost his job through resulting ill health.

The court heard that Mr Donoghue now receives disability allowance, and still suffers nerve pain, chest pain, and shortness of breath.

Marshalls Mono, of Elland, West Yorkshire, admitted contravening the Health and Safety at Work Act.

Barry Smith KC, for the company, said the accident arose in "unusual" circumstances.

He said: "It is thought that perhaps because he was wearing a high visibility jacket or vest that somehow interfered with the normal operation of a laser sensor and caused the conveyor to restart."

'Good safety record'

Mr Smith said the company had carried out a thorough investigation, and had introduced a new system of working.

He added that it was the firm's first health and safety conviction since its foundation in 1880.

Imposing the fine, Sheriff Wyllie Robertson noted that the court had been told Mr Donoghue had worked for the firm for many years, and the firm considered him a very valued colleague.

Sheriff Robertson said: "I am not in any way trying to equate the injuries he sustained, and continues to suffer from, with any monetary value."

He said it was best left to the civil courts to assess any level of compensation to which he might be entitled.

Sheriff Robertson added: "The company, over the very long period of its existence, has no previous convictions and a good safety record. I accept the company is contrite."

Outside court, Mr Donoghue, of Falkirk, said he was still suffering the results of the incident.

He said: "The positive thing is that it is now safer for the other men who are working there."