Chemical company fined €30,000 after workplace death

Chemical company ADM of Ringaskiddy was convicted and fined €30,000 today after pleading guilty to two criminal offences of breaching health and safety legislation after a fatal accident at the plant two years ago.

Timothy 'Teddy' Horgan (aged 51) was killed shortly after midnight on February 4, 2002 when he was working at a machine. He is survived by his wife, Marion, and children, Ross, Lesley and Linda.

"The family are very glad to have criminal proceedings against the company put behind them so that they can get on with their lives," solicitor Kieran O'Callaghan said after the special sitting of Cork Circuit Criminal Court.

ADM Managing Director Brian Leahy expressed his sympathies to the family of the late Mr Horgan. "We are deeply upset for the family. The company very sincerely regrets the tragic accident that happened on February 4, 2002.

"There is no way we could continue production if anything like this could ever happen again," Mr Leahy said.

In that regard, he outlined the steps that had been taken by the company to deal with safety issues arising from the accident.

Senior Inspector with the Health and Safety Authority, Angela Moriarty, said this was the second accident at the ADM plant. There had been an explosion involving a vat of nitric acid in 1998.

Judge Sean Ó Donnabháin said: “I must state that it concerns me that it is not a first offence. There is a duty on the company to ensure the safety of the workplace and workers.

“The company has now taken a more pro-active approach to safety. Up to now they were somewhat lax in that regard.

"Safety requirements are not merely notices on the wall. They are active and ongoing. Safety procedures at this company are now better than heretofore and by admitting their guilt they have saved the family the distress of going through this matter publicly.”

Ms Moriarty of the HAS said the company had cooperated with the investigation, had supplied all the necessary information to them and improved its safety standards in all of the ways recommended by the authority.

Mr Leahy of ADM said: “We obviously had overlooked the hazard associated with stored mechanical energy.”

Judge Ó Donnabháin fined the company €25,000 on one charge and €5,000 on a second at a special sitting of Cork Circuit Criminal Court today.

The company pleaded guilty to two criminal charges, namely failing to ensure the safety, health and welfare at work of their employees (it did not have a safe system of work for stripping and cleaning of a separator RIII6).

The second related charge was of failing to ensure that this piece of equipment was safe for use by an employee. Both counts are offences contrary to the Safety, Health and Welfare at Work Act.