Pelagia Shetland Limited, of Lerwick, pleaded guilty to health and safety failings following the incident on 10th October 2024. Curtis New, a 41-year-old forklift supervisor was called to clear a blockage and, finding an interlocking safety gate difficult to open, removed a panel and entered the machine area. As he walked along the stationary conveyor to reach the blockage, he triggered a sensor which restarted the machine, and he was struck repeatedly by its pushers before a colleague hit an emergency stop button.
Mr New was treated at the scene by first aiders before being airlifted to Aberdeen Royal Infirmary, where he spent 10 days in intensive care and a further 10 days in a high dependency unit. He suffered eight fractured ribs, a pelvis fractured in five places, a fractured clavicle and scapula, and two collapsed lungs. He was later transferred to Gilbert Bain Hospital for rehabilitation, and has since said he does not wish to return to his role.
An investigation by HSE inspectors found that perimeter safety fencing around the machine, designed to isolate its power supply whenever the interlocking safety gate was opened, had become insecure after a panel was damaged.
The gate had been struck by a forklift truck in early 2024, damaging its locking mechanism and making it difficult to open. Rather than use the gate, two senior staff, including Mr New, had taken to removing the loose panel to clear frequent blockages in the machine, without isolating the power first.
Pelagia Shetland reported the incident to HSE on the day it happened and following an investigation, the company reinstated its perimeter fencing so that the gate is now the only means of accessing the machine. They also updated safety practices to make clear that staff must never bypass safety barriers, on pain of disciplinary action.
Pelagia Shetland Limited, of Lerwick, pleaded guilty to breaching Regulations 11 (1) and (2) of The Provision and Use of Work Equipment Regulations 1998, section 33(1)(c) of the Health and Safety at Work etc. Act 1974. The company was fined £420,000 and must pay a victim surcharge of £31,500.
HSE inspector Matty Spiers said, “This was a wholly avoidable incident that left a man with life-threatening injuries, and it happened because a basic, well-understood safety control was allowed to fail. Interlocking guards exist for one reason: to stop people reaching dangerous machinery while it’s still live. When that gate was damaged, it should have been repaired properly and its integrity restored immediately, not left in a state where a determined employee could simply lift out a panel and walk into a hazardous area. Curtis New is fortunate to be alive. He suffered catastrophic injuries carrying out a task that should never have been possible without the machine being isolated first. Employers have a legal duty to make sure guarding and interlock systems are properly maintained, and that any weakness is identified and corrected without delay. This isn’t a bureaucratic box-ticking exercise, it’s what stands between a workforce and a serious, life-changing injury.”
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