Diageo fined more than half a million pounds after Moray worker permanently disfigured in incident at Glenlossie Distillery near Elgin

A multinational drinks company has been fined more than half a million pounds after an employee suffered burns to 30 per cent of his body when a faulty valve sprayed boiling liquid over him.

Michael Thomson, who worked for Diageo at their Glenlossie Distillery near Elgin, spent two weeks in intensive care and a period in an induced coma following the industrial accident on March 24, 2021.

It also led to the Health and Safety Executive (HSE) shutting down some operations until remedial work was carried out at the company's dark grains plant following the failure of a valve preventing around 10,000 litres of 104 degrees centigrade hot pot ale from engulfing Mr Thomson.

Mr Thomson's suffered injuries to his shoulders, arms, legs and body and he was off work for six months. He retired over a year later.

At Inverness Sheriff Court, the company pleaded guilty to contravening health and safety legislation designed to ensure the safety of employees.

It admitted through defence counsel Peter Gray KC to failing to take reasonable steps to ensure work equipment was safely constructed or adapted; failing to provide a safe system of working; failing to ensure valves were correctly fitted, isolated and cleaned, leading to Mr Thomson being severely injured, permanently disfigured and permanently impaired.

Fiscal depute David Glancy presented the facts to Sheriff Gary Aitken which were not disputed by the company.

Mr Gray said Diageo "expressed regret and offered sincere apologies to Mr Thomson who was a long and valued employee”.

He revealed that a civil claim was in the process of being settled.

Sheriff Aitken fined Diageo £537,500, adding: "Awful as the circumstances were in this incident, they could have been significantly worse."

He assessed Diageo’s culpability at the medium level.

Mr Glancy told the court that no blame was attached to any individual who had checked the valve at the plant on the morning of the incident adding that it had been incorrectly fitted.

"It showed that the pump was closed when it was open. The valves on the pump were checked that they were closed but it was not noticed that one had been incorrectly fitted,” he said.

"Mr Thomson began to remove bolts from the pump to replace the seal and there was a sudden release of 104 degrees liquid, the volume and force of which knocked him over.

"He immediately made his way to a drench shower to be used in such emergencies and removed his clothing, revealing the extent of his injuries.

“Rather than wait for an ambulance, he was taken by car to hospital in Elgin.

"He now can't expose his injuries to sunlight, even through a window, and must apply moisturiser after bathing."

Mr Gray said that Diageo, although having one previous conviction for HSE breaches, took its responsibilities to the safety of its employees very seriously and had introduced measures to prevent a repetition.

He added: "The company pleaded guilty at the first opportunity and this should be regarded an an isolated incident."