Company fined for failures that led to life-changing injuries

James Jones & Sons (Pallets and Packaging) Limited, which operates on the site of the Tesco Distribution Centre at Deans Industrial Estate, Livingston pled guilty to a breach of the Health and Safety at Work etc. Act 1974.  

Prosecutors told Livingston Sheriff court that an investigation by the local authority found the company failed to maintain critical safety barriers and allowed unsafe practices to develop and persist. 

Debbie Carroll, who leads on health and safety investigations for the Crown Office and Procurator Fiscal Service (COPFS), said:  

“A broken safety barrier and poor supervision meant a worker could enter dangerous machinery while it was still running. 

“The resulting accident was foreseeable and could have been avoided if the company had properly maintained and enforced the existing safe system of work. 

“This prosecution should remind employers that failing to fulfil their obligations can have serious consequences and that they will be held accountable for such failures.” 

The court heard how, on the evening of 23 November 2023, the employee was working on a mechanised pallet inspection and repair line. 

The line was enclosed by perimeter fencing and an interlocked gate that stopped the machine when opened. Entry to the restricted area could be made through a loose fence panel allowing access to moving machinery. 

During that evening’s shift, and after initially following the correct safety procedures to access the machinery, the employee entered the restricted area through the loose fencing while the machinery remained in operation. 

While attempting to remove obstructions from the line, he became entangled in the moving parts of the equipment. Colleagues stopped the machine and emergency services attended.  

He was freed after around 45 minutes and taken to hospital, where he was treated for multiple arm fractures and other serious injuries. He has since undergone surgery and his movement remains impaired.