A company has been fined £8,000 after it admitted breaching health and safety rules and leaving one of its drivers severely injured.
Colin Sutherland, 53, was found lying unconscious in a pool of blood after falling from a lorry he was loading with spring oats and barley in Kinross-shire.
Thurso-based W D Cormack and Sons admitted a series of failings including not providing Mr Sutherland with a safe system of work.
Sheriff William Wood said: “This was an offence at the higher end because there was an inadequate, or no, written system in place to properly record health and safety procedures or outcomes.
“The risk of harm from a fall from height is death. Culpability falls between medium and high range. There was a failure to have a proper system of reporting and proper system of work.
“No award I could make by compensation would cover the harm he suffered. Mr Sutherland is clearly fortunate not to have suffered more permanent injury.”
Perth Sheriff Court was told that Mr Sutherland, who had been with the company for several years, was picking up 27 tons of grain from Thormean Granary in Milnathort on February 9 2016.
Fiscal depute Nicola Gillespie said: “Drivers were expected to risk assess themselves and carry out the task in the manner they thought safe.
“There were no defined procedures for securing loads. Ladders were provided to drivers to access trailers, so it was anticipated they would need to go on the trailer and engage in work at height.
“There were 54 bags of grain weighing 500 kilos each. The bags were to be two rows wide and two rows high.”
She said Mr Sutherland had to stand on the top row of bags to secure the load and he ultimately fell 2.88 metres to the ground when he lost his footing.
“Kevin Sangster was a forklift truck driver on site,” Miss Gillespie added.
“He witnessed Mr Sutherland fall from the trailer. Due to the bags of grain obscuring his view he was unable to see the point of contact with the ground.
“He immediately left his truck and ran towards Mr Sutherland. He was found on the ground, lying in a pool of blood, and he appeared to be unconscious.”
The prosecutor said Mr Sutherland, who has no recollection of the incident, was airlifted to Ninewells Hospital in Dundee by helicopter.
She said he broke his pelvis, three ribs and a wrist and had a series of cuts and bruises. He needed a metal plate inserted into his hip and underwent several months of physio.
It was later discovered that he had fractured his skull and had been left with limited sensation in his face, and had not made a full recovery.
“He cannot run or jump and doesn’t have the strength he had before the accident,” Miss Gillespie said.
“He struggles to stand or sit in his car for too long.”
The company, which had £750,000 turnover last year, admitted breaching health and safety regulations prior to Mr Sutherland’s fall. He has since returned to work for the company.
Solicitor Shahid Latif, defending, said: “At no point have they disputed their responsibility. They are very regretful for the events that occurred.
“They have been concerned for the consequences for Mr Sutherland. The training which was provided has fallen short of that which was required.”