Cork timber firm fined €90k for health and safety breaches after front-loader incident
The court heard that CCTV of the fatal incident showed the heavy machine – a front loader which loads logs at the mill – unfortunately colliding with the late Pat Lacey. File photo: iStock
Timber company GP Wood Ltd of Enniskeane was fined €90,000 for health and safety breaches in a case that was investigated following a fatal incident at their facility.
Judge Helen Boyle said that in fairness to the defendant company before Cork Circuit Criminal Court for penalty there was an absence of aggravating factors. “Many of these cases involve companies taking shortcuts to increase their profits – that is not present here,” Judge Boyle said.
The judge also stated that no fine could equate with the loss of life of Pat Lacey who worked for many years for the defendant company.
Judge Boyle said that in legal terms there was no reference to the death of Mr Lacey in the charges to which the company had pleaded guilty. In strict legal terms, the charges would not allow for a victim impact statement.
However, the company indicated that they had absolutely no difficulty with members of the Lacey family presenting victim impact statements to the court. “The charges do not relate to causing the death but GP Wood consent to victim impact statements being read out.
“Pat Lacey – who was a valued employee of the company – was struck by the CAT front loader which collided with him and caused his death.
"Nevertheless, companies must ensure the enforcement of Health and Safety statements. Things can get complacent. It is accepted that the company should have tapped people on the shoulder and ensured they walked in appropriate areas and ensured front-loaders were driven in the proper way with the loader down rather than up to ensure (maximum) visibility,” the judge said.
As well as the €90,000 fine, the company was directed to pay costs of €2,400 for the Health and Safety Authority, at Cork Circuit Criminal Court.
Frances Murphy, Health and Safety Authority inspector, said they were notified on the day of the incident on February 26, 2019, about the fatal incident which claimed the life of 53-year-old Pat Lacey who had worked with GP Wood Ltd for approximately 30 years.
Guilty pleas to charges under the Safety, Health and Welfare at Work Act were entered on behalf of GP Wood Ltd.
Ms Murphy said that CCTV of the fatal incident showed the heavy machine – a front loader which loads logs at the mill – unfortunately colliding with the late Mr Lacey. She described GP Wood Ltd as fully co-operative with the HSA investigation.
Prosecution senior counsel, Ray Boland, asked the inspector: “Where did you find fault?” She replied: “Essentially in the area where large machinery was working, pedestrians were not segregated from that work area. The late Pat Lacey walked across an area where the machine was operating.”
Ms Murphy agreed that there was a pedestrian area in being at the time of the incident but she said: “There was no signage or yellow hatch markings.” Mr Boland suggested: “Some people were using it (the walkway) and some were not?” Ms Murphy replied: “It was a bit ad hoc.”
She said the company had not come to her attention in the HSA prior to the incident in February 2019.
From the family of the deceased, two sisters, Catriona and Carmel, and his brother, John, all prepared brief victim impact statements in which they stated that they missed their dear brother, Pat, every day and were deeply saddened by the fact that they would not get to share family experiences with him in the future.
Defence senior counsel, Tom Creed, said there was a beefing up of the safety of the plant following the incident. He said that even before the fatal incident they were a company that had a lot of safety measures in place.
“The breach was in failure of enforcement and not disciplining people for not using the walkway and driving machines in the way they do… There was never a question of any financial profit or of a deliberate breach of safety with a view to making profit. This was an isolated incident with devastating consequences.
“They carried out significant works at the plant, all of it revolving around traffic management assessment (since the incident). €200,000 worth of infrastructural work has been carried out since and its goal was pedestrian safety and they continue to modify the site, the object being to separate the pedestrian and traffic flow.
“They have introduced several other new barriered walkways on the site at considerable expense,” Mr Creed said.
Compliance manager with GP Wood, Conor McSweeney, confirmed that extensive work had taken place to improve safety and that it included a floodlit barriered walkway that is separate from the work area for vehicles.
The pleas of guilty were entered on behalf of the company previously at Cork Circuit Criminal Court.
The first count stated that as an employer they failed to manage and conduct work activities, specifically the operation of a CAT938M front-loader vehicle, at or near the log storage yard area of the premises in such a way as at to ensure the safety, health and welfare of employees, and in particular that they failed to ensure the segregation of pedestrians from the operational area of the vehicle.
The second charge was of failing to provide systems of work in similar circumstances that were planned, organised, performed, maintained, revised as appropriate so as to be safe and without risk to health.
The third count was of failure to ensure organisational measures were taken to prevent employees on foot coming within the area of operation of the self-propelled work equipment, specifically the front-loader vehicle.
Judge Helen Boyle said there was a lot to consider and she put sentencing back until February 24. To members of the late Mr Lacey’s family who were present, Judge Boyle said: “I want to extend my sincere condolences on your loss.”
CONNECT WITH US TODAY
Be the first to know the latest news and updates
