HSA | A fatal work-related incident occurred at a dairy farm in County Limerick on 30 July 2020. Dairymaster Unlimited Company, Causeway, Co. Kerry has been fined a total of €400,000, after pleading guilty to breaches of safety, health and welfare at work legislation.

A farmer was fatally injured from a pneumatic powered parlour back entry gate, designed and manufactured by Dairymaster Unlimited Company. This gate was used to control animals in the milking parlour, creating a separation between the holding area and the cow standing area, and keeping the cows in position while being milked.

Dairymaster Unlimited Company had previously pleaded guilty to six charges in breach of safety, health and welfare at work legislation. The company has been
fined €200,000 on the breach of Section 16(3) of the Safety, Health and Welfare at Work Act 2005 contrary to Section 77(2)(a) and a fine of €200,000 on the breach of Section 16(1)(a) of the Safety, Health and Welfare at Work Act 2005 contrary to Section 77(9)(a). The remaining counts were taken into consideration.

Chief Executive Officer at the HSA, Mark Cullen, said: “This tragic incident demonstrates the vital importance of ensuring machinery is properly designed, tested and supplied with adequate safety information. Manufacturers have a responsibility to ensure their products are safe for use at work. The consequences of failing to do so can be devastating.”

HSA | Two companies have been fined following a fatal workplace incident.

Glenveagh Contracting Limited has been fined €125,000 and KDK Scaffolding Limited Company €65,000 following the incident, which happened on 9 December 2019 at a construction site at Marina Village, Greystones, Co Wicklow.

Mr Gerry O’Connell was working on a block of apartments (Block E) and was building blockwork piers on level 5 scaffolding, adjacent to a staircore/curtainwall opening. He fell through an unprotected gap between a two-board bracket and the structure, sustaining very serious injuries which he later died from. Glenveagh Contracting Limited and KDK Scaffolding Limited had previously pleaded guilty to one charge in breach of the Safety, Health and Welfare at Work Act 2005.

Glenveagh Contracting Limited pleaded guilty to Section 12 of the Safety, Health and Welfare at Work Act 2005, contrary to Section 77(9)(a) in that it failed in its legal duty as an employer to properly manage safety on site. Glenveagh allowed individuals who were not their employees to carry out work from scaffolding which lacked edge protection and exposed workers to a risk of falling.

KDK Scaffolding Limited pleaded guilty to Section 15(3) of the Safety, Health and Welfare at Work Act 2005, contrary to Section 77(9)(a), in that it failed to ensure that the scaffolding erected at Block E was safe and without risk to health. The scaffolding did not provide adequate edge protection and exposed individuals carrying out work from the scaffolding to the risk of falling.

Assistant Chief Executive of the Health and Safety Authority, Eibhlin O’Leary, said: “This tragic incident resulted in the loss of a life and highlights the devastating consequences when basic safety measures are not in place.

“Employers and those in control of work activities have a legal responsibility to ensure that work can be carried out safely and that workers are protected from the risk of falling from height. The failures identified in this case exposed individuals to a foreseeable and avoidable danger.”

HSA | A company has been fined following a fatal work-related incident that happened at Dranagh, Caim, Enniscorthy in County Wexford on the 15 March 2021.

An employee of Cooney Furlong Limited was fatally injured when he was struck by a loading shovel as he walked across a yard. The company earlier pleaded guilty to Section 8(2)(a) of the Safety, Health and Welfare at Work Act, 2005, contrary to Section 77(9)(a) in that it failed in their duty to ensure the provision of appropriate controls and measures in respect of moving vehicles and pedestrians and failed to ensure the segregation of pedestrians from vehicles.

The company also pleaded guilty to Section 19 (1) of the Safety, Health and Welfare at Work Act, 2005, contrary to Section 77(2) in that it failed to undertake a written risk assessment and implement appropriate measures and controls following the provision and use of a large custom made front loading bucket attachment which adversely affected the forward facing visibility of the operative of the loading shovel.

Cooney Furlong Limited has been fined a total of €100,000.

Assistant Chief Executive at the Health and Safety Authority, Eibhlin O’Leary said: “This tragic incident resulted in the loss of a worker’s life and serves as a stark reminder of the serious dangers posed by moving vehicles in workplaces. Employers have a clear legal duty to identify risks through adequate risk assessment and to ensure that effective control measures are put in place to protect workers, particularly where pedestrians and vehicles operate in the same area. Failure to do so can lead to grave and devastating consequences.”

HSA | Meade Potato Company Unlimited has been fined €150,000 following a serious work-related incident which occurred at the company’s premises on 30 June 2022.

The victim became trapped after his right arm was drawn into the brush rollers of a Haith Root Veg Polishing Machine while he was carrying out his duties. The victim sustained life-changing injuries as a result of the incident.

The company pleaded guilty to Section 8(2)(a) of the Safety, Health and Welfare at Work Act 2005, as it relates to Section 8(1), contrary to Section 77(9)(a), in that it failed to manage and conduct work activities in such a way as to ensure, so far as reasonably practicable, the safety, health and welfare of an employee at work.

The company also pleaded guilty to Section 8(2)(e) of the Safety, Health and Welfare at Work Act 2005, as it relates to Section 8(1), contrary to Section 77(9)(a), in that it failed to provide systems of work that were planned, organised, performed, maintained and revised in such a way as to ensure, so far as reasonably practicable, the safety, health and welfare of its employees.

Chief Executive of the Health and Safety Authority, Mark Cullen, said: “Employers must ensure that work activities, particularly those involving machinery with moving parts, are managed and overseen with robust safety measures in place. Properly planned and maintained systems of work are essential in preventing serious injuries. This case highlights the consequences when these fundamental protections are not in place.”

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