A GLOBAL supermarket chain has been fined £100,000 for a health and safety violation which resulted in a flying smoking shelter trapping a Darlington employee.

Grocery giants Aldi and Darlington contractors Wilkinson Maintenance appeared in Teesside Crown Court yesterday in relation to the incident outside Aldi’s Faverdale distribution centre.

Prosecuting lawyer Ros Scott Bell, appearing on behalf of Darlington Borough Council, said the incident could have seen the employee seriously injured or, at worst, killed.

She said: “On the afternoon of 21 October, 2014, Michael Simpson was taking a cigarette break outside Aldi’s distribution centre.

“It was a windy day and a gust of wind picked up an unsecured smoking shelter and deposited it among those seated at the table.

“It struck Mr Simpson on the back, pinning him for a few seconds, and he could not breathe.”

Mr Simpson, 35, received soft-tissue injuries to his back and both arms and still had nightmares about the incident more than a year later.

Wilkinson Maintenance had moved the metal and perspex smoking shelter to install an emergency exit at the Aldi site.

The shelter was left unsecured, Aldi believing Wilkinson would take care of it, while Wilkinson believed it was Aldi's responsibility.

Both pleaded guilty to one charge under the Health and Safety at Work Act 1974.

Aldi’s lawyer Richard Matthews, QC, asked the court to consider the company’s otherwise unblemished health and safety record as a mitigating factor.

He said: “I stress that it is a remarkable achievement to employ 27,000 and to have no previous convictions.

“Following the breach they conducted a swift investigation and every maintenance manager has been given training in relation to it.”

Wilkinson’s lawyer, Matthew Kerruish-Jones, said the company would like to publicly apologise to Mr Simpson.

He said: “As far as mitigation is concerned, there were no aggravating factors and there has been a high level of cooperation between us and the prosecution.”

Judge Simon Bourne-Arton, QC, said the “impeccable character” of both defendants would be considered when setting fines.

He fined Aldi £100,000, fined Wilkinson Maintenance £20,000, and ordered both to pay £5,000 in costs.