SCOTTISH Water has been fined £140,000 after an employee broke his back falling into a sewage channel due to faulty flooring at one of its pumping stations.

James Anderson was attempting to regulate water flow within the flooded screen well area at the sewage pumping station in Prestonpans when he fell into the storm channel below.

Mr Anderson was working alone at the pumping station – on the town’s western edge, on the B1348 between Sam Burns’ Yard and Prestongrange Bowling Club – and suffered a broken back, a broken left collarbone, broken ribs and severe swelling and bruising over his whole body during the incident on June 9, 2017.

He was forced to climb out of the sewage water using a small ladder before crawling across the screen well floor and outside to his car to raise the alarm while in a semi-conscious state.

The Scottish Water employee also suffered a large cut to the left side of his head and, after being taken to the Royal Infirmary of Edinburgh, spent the next 10 days in intensive care.

Mr Anderson underwent multiple operations to a head injury, which subsequently became infected due to bacteria from the sewage he fell into, as well as multiple operations to repair the injuries to his back.

He had metal pins and rods inserted into his spine and was off work for about nine months to recover and now “requires assistance with daily tasks”.

He returned to work in February 2018 and continues to be employed by Scottish Water, though he is still said to suffer pain and requires to attend physiotherapy appointments.

Scottish Water has now been handed the massive fine after admitting breaching health and safety regulations over a 10-year period at Edinburgh Sheriff Court last week.

Sheriff Robert Fife heard that an HSE investigation found there was an unfixed floor which had become dislodged by floodwaters which left gaps and “created an unsafe working environment”.

Prosecutor Anna Robertson read a written narrative stating it had been “custom and practice that had existed for many years [for employees] to simply work around the gaps in the floor”.

Ms Robertson said: “Scottish Water was aware that the floorboards in the pre-screen well area had lifted during flooding over the previous 10 years.

“Replacement flooring had been fitted in the pre-screen well area in March 2017 but not in the post-screen well area where the incident occurred.”

Sheriff Fife had deferred sentence on the public body until Tuesday, when he said the incident was “an accident waiting to happen”.

In his written judgement, Sheriff Fife added: “I have addressed the seriousness of the offence, the consequences and the mitigating factors which have then to be applied to this organisation, as a public body.

“I have considered two key factors. The offence exposed a number of workers to risk of harm, particularly as the offence covered a period of 10 years. The offence was a significant cause of the actual harm to Mr Anderson.

“After considering what would be an appropriate and proportionate sentence after weighing up all the factors peculiar to the circumstances of this case, I have concluded a headline sentence should be a fine of £210,000.

“I will then discount the fine by one third to take account of the guilty plea at a section 76 indictment. I will impose a fine of £140,000.”

Peter Gray QC, for Scottish Water, said the public body’s failings did not occur as a deliberate breach but as a result of an honest oversight in relation to one activity at one pumping station.

Mr Gray added that Scottish Water had no hesitation in admitting responsibility for its failings and revealed a civil claim for Mr Anderson had been settled some time ago.

Scottish Water pleaded guilty to failing to make a suitable and safe assessment of the risks to the health and safety of employees at Prestonpans Sewage Pumping Station between January 1, 2007, and June 9, 2017.

The organisation also admitted failing to provide sufficient information, instructions, training and supervision to ensure reasonable practice that floorboards became dislodged at the pump station and employees were exposed to risks to their health and safety, and as a consequence on July 9, 2017, James Anderson fell through the sewer floor into the storm channel below, all to his severe injury, permanent disfigurement, permanent impairment and danger to his life.

All the charges relate to breaches of the management of Health and Safety at Work Regulations 1999 and the Health and Safety at Work Act 1974.