Diageo, the international drinks conglomerate, has been fined £537,000 following a horrific accident at its Glenlossie Distillery near Elgin, Scotland, where a worker suffered severe burn.
Michael Thomson, an employee at the distillery, endured burns to 30% of his body when he was engulfed by 10,000 litres of boiling hot pot ale at a temperature of 104°C. The incident occurred when an incorrectly fitted valve burst off, causing the scalding liquid to pour over him.
Mr Thomson spent two weeks in intensive care and a period in an induced coma following the industrial accident on March 24 2021.
The company admitted to breaching health and safety laws at Inverness Sheriff Court, resulting in the substantial fine.
The firm pled guilty to failing to take reasonable steps to ensure work equipment was safely constructed or adapted, failing to provide a safe system of working and failing to ensure valves were correctly fitted, isolated and cleaned.
Mr Thomson’s injuries included to his shoulders, arms, legs and body and he was off work for six months. He retired over a year later.
Defence counsel Peter Gray KC said Diageo “expressed regret and offered sincere apologies to Mr Thomson who was a long and valued employee”, and revealed that a civil claim was in the process of being settled.
Diageo has one previous conviction for HSE breaches, but the company’s defence counsel stated that the firm took its responsibilities to the safety of its employees very seriously and had introduced measures to prevent a repetition of the incident.
“The company pleaded guilty at the first opportunity and this should be regarded as an isolated incident,” he said.
Sheriff Gary Aitken assessed Diageo’s culpability at the medium level and imposed a fine of £537,500.
He said: “Awful as the circumstances were in this incident, they could have been significantly worse.”
HSE guidance on the safe isolation of plant and equipment is freely available and provides steps to prevent the release of substances that are hazardous including hot, flammable and toxic substances. The guidance can be found at The safe isolation of plant and equipment – HSG253
Diageo Scotland Limited, of Lochside Place, Edinburgh, pleaded guilty to breaching Sections 2(1), 2(2)(a), 2(2)(c), 33(1)(a) and 33(1)(c) of the Health and Safety at Work etc. Act 1974. The company was fined £500,000 at Inverness Sheriff Court on 16 December 2024.
HSE inspector Isabelle Martin said: “This incident could so easily have been avoided by ensuring that procedures were in place to ensure that changes to work equipment installed in the plant were safe. However, more importantly Diageo should have had procedures in place to ensure that plant could be isolated safely and prevent the release of hazardous and dangerous substances.
“Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”
This case highlights the critical importance of workplace safety measures in Scotland’s whisky industry, and serves as a stark reminder of the potential dangers in industrial settings, particularly in the distillery sector where high temperatures and large volumes of liquids are common.
