Motor parts distribution company fined after Polish worker dies

A motor parts distribution company has been fined €75,000 at Dublin Circuit Criminal Court today in relation to the death of a Polish employee who fell from a metal cage in a “reckless practice” the company condoned.

DAF Sales Ltd at Baldonnell Business Park, Dublin 22, pleaded guilty to failing to provide for articles that were safe and without risk to health in that a metal cage lifted by a forklift was not designed for carriage of persons and had no means to control the forklift from within the cage and no means to securely attach the cage to a forklift truck and as a consequence Mr David Kwiatkowski suffered personal injury and died.

They also pleaded guilty through a representive to failing to identify hazards and safety risks within the Welfare at Work Act 2005 on on December 1, 2008.

Inspector Tommy O’Sullivan of the Health & Safety Authority told Mr Dara Hayes BL, prosecuting that Mr Kwiatkowski (aged 24) died instantly when he fell 25 feet onto a concrete floor on the morning of December 1, 2008.

Mr Kwiatkowski was standing on a metal 4ft x 3ft cage which was raised by a forklift to allow him to place stock onto high shelves.

Insp O’Sullivan agreed with Mr Hayes that the system used was “obviously dangerous” as the cage was not securely attached to the forklift and was meant for storing items and not designed to carry people.

As the driver of the forklift lowered the cage it started to move slightly and the Polish worker fell from a height onto a concrete floor.

Kwiatkowski lay unconscious on the ground with the metal cage on top of him and the driver screamed for help. An ambulance arrived and the Polish worker was pronounced dead at the scene.

A port-mortem revealed he died of multiple traumatic injuries consistent with a fall from a height of 25 feet.

The company, which employs 10 people, made a loss of €3m after tax in 2009 according to Mr Paul Wise, Chartered Accountant with Smith Wise and Freyne.

Mr Shane Murphy SC, defending, said the company has since purchased a specialist piece of equipment for placing stock on high shelves, and “acknowledges its responsibility which led to such a tragic death.”

Judge Martin Nolan said the “risk of using the cage that was not securely attached to the forklift was highly dangerous and the company had to be aware of the risk of this reckless practice which was condoned by the supervisor.”

He said: “I have to take into account the company’s financial position but I have to impose a fine which will deter others from taking such risks. But there is nothing this court can do to replace this Polish man’s life.”

Judge Nolan fined the company €60,000 for failing to provide for articles that were safe and without risk to health and a further €15,000 for failing to identify hazards and safety risks with working from a height within the Welfare at Work Act 2005.