Scotland’s leading vegetable producer has been fined £360,000 after a worker was choked unconscious while cleaning a carrot production line.
Kettle Produce admitted health and safety failures which led to the staff member being dragged into machinery by his hood.
Remigiusz Cyrek, 37, was injured when he was trapped by a giant roller while carrying out a deep clean.
It affected his working capabilities for a full year.
‘Tragic and unusual case’
Passing sentence at Dundee Sheriff Court, Sheriff Jillian Martin-Brown said: “The company is the market leader for the provision of fresh and prepared vegetables.
“The injured party was a hygiene operative.
“At the time he was working on the carrot baton line conveyor belt.
“The hood of his top was caught by the roller.
“The hood got caught round the roller and tightened round his neck.
“He was unconscious.
“He was off work for six months and had a further six months of light duties after that.
“It is clear employees had different views on how to carry out the cleaning.
“That contributed to an unsafe system of work.
“The company fell short in relation to the weekly cleaning operation.
“Systems were in place, but not adhered to.
“This is a tragic and unusual case.
“I think the injured person in this case has been very fortunate.”
Dragged into machine
The Fife-based vegetable producer admitted responsibility for the accident by failing to ensure the health, safety and welfare of staff at its Orkie Farm production centre near Freuchie between August 21 2017 and June 22 2018.
Fiscal depute Gail Adair told the court the conveyor belt and rollers should have been isolated and completely switched off before the weekly clean.
She said: “Mr Cyrek is a Polish national who has been living in the UK since 2011.
“He has been employed as a hygiene operative with the company since August 21 2017.
“He was undertaking the weekly clean of the carrot baton line.
“He began pressure washing the line.
“It was running at the time and the driven roller was turning.
“This was a rotating power roller.
“The hood of his waterproof jacket got caught in the roller, causing it to tighten round his neck and lead to a loss of consciousness.
“The other hygiene operative found him unconscious under the conveyor, with the hood of his jacket tangled in the roller.
“Others became aware of that operative screaming at them.
“They ran to the central cabin and switched off the line.
“They freed him by manually feeding the roller to free his clothing.”
The prosecutor told the court that Mr Cyrek was treated by paramedics and taken to hospital with severe swelling and bruising to his neck.
He suffered a loss of feeling in his fingertips.
£4 million losses due to Covid
Counsel for the company, Barry Smith, said: “All of those at Kettle Produce very sincerely regret this accident occurred and caused injury to Mr Cyrek, who was a valued employee.”
He said the company, which was founded in 1976 and has 1,100 staff, was a market leader in the prepared vegetable sector and was a “large company” in terms of turnover.
“It is accepted there was a failure to ensure a safe system of work was properly implemented.
“There was a system, and had it been followed properly, it would have ensured safety.
“Clear instruction was not universally understood and followed.
“It is accepted the company fell short of the required standard.”
He urged the court to take Covid-affected losses of more than £4 million over the last two financial years into account when deciding the scale of the fine to impose.
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