Lerwick-based Pelagia Shetland Limited has been fined £451,500 following the incident, which saw a supervisor suffer multiple fractures and two collapsed lungs.
Curtis New, a 41-year-old forklift supervisor, became entangled in a palletiser machine at the company’s Lerwick plant on 10 October 2024 when he was called to clear a blockage.
According to the Health and Safety Executive (HSE), New found an interlocking safety gate difficult to open, removed a panel and entered the machine area.
While walking along the stationary conveyor to reach the blockage, he triggered a sensor that restarted the machine and was struck repeatedly by its pushers before a colleague activated an emergency stop button.
New was subsequently airlifted to hospital after suffering multiple fractures. He spent 20 days at Aberdeen Royal Infirmary as a result of his injuries, including 10 days in intensive care and a further 10 days in a high-dependency unit.
In total, New 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 in Lerwick for rehabilitation and has since said he does not wish to return to his role.
An HSE investigation found that perimeter safety fencing, designed to isolate the machine’s 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.
Instead of using the gate, two senior staff members, including New, would habitually remove the loose panel to clear frequent blockages in the machine without first isolating the power supply.
Pelagia Shetland reported the incident to HSE on the day it occurred and, following the investigation, reinstated its perimeter fencing so that the gate is now the only means of accessing the machine.
The company also updated its safety procedures to make clear that staff must never bypass safety barriers, with disciplinary action for anyone who does so.
Pelagia Shetland pleaded guilty to breaching Regulations 11(1) and 11(2) of the Provision and Use of Work Equipment Regulations 1998, contrary to section 33(1)(c) of the Health and Safety at Work etc. Act 1974.
The company was fined £420,000 and ordered to pay a victim surcharge of £31,500 at Lerwick Sheriff Court on 26 August 2026.
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.”
He added: “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.”
