Following an investigation by the Health and Safety Executive for Northern Ireland (HSENI), Westland Horticulture Limited was today (8 March 2024) fined £130,000 at Dungannon Crown Court. The Dungannon based company pleaded guilty to a single health and safety offence at an earlier court hearing.
The investigation followed the death of Mr Phillip Moore (38), a shift manager at their production site at Granville Industrial Estate, Dungannon, County Tyrone on 18 June 2020.
Mr Moore sustained fatal injuries after being struck by an industrial loading shovel that was being operated by another employee in the yard area.
HSENI Major Investigation Team Inspector Lee Dougan said: “Vehicles at work continue to be a significant cause of fatal and major injuries in Northern Ireland. In the last ten years, 34 people have lost their life through workplace transport incidents and 162 people were seriously injured.
“Effective control measures need not be complicated and detailed advice on managing workplace transport risks is readily available to employers.
“This tragic death was completely preventable. HSENI will not hesitate to take enforcement action to ensure workplace transport risks are appropriately managed.”
The investigation established that Mr Moore was struck by one of the loading shovels transporting raw material across the production site. It was found that Westland Horticulture Limited failed to take reasonably practicable steps to ensure the safety of employees.
Enforcement action was taken by Health and Safety Inspectors following the incident to ensure steps were taken to protect employees and other persons working on the site in proximity to moving vehicles.
The principles of managing workplace transport fall into three main areas namely ‘safe site’ which ensures effective segregation of vehicles from pedestrians, ‘safe vehicle’ which considers the most appropriate vehicle for the task and environment and ‘safe driver’ which focuses on the competence and behaviour of those who operate vehicles.
Further information on the legal requirements of managing workplace transport can be found on HSENI’s website, including information on the ongoing workplace transport campaign ‘Drive Danger Out’.
Notes to editors:
1) Breaches and fines for Westland Horticulure Ltd are as follows:
a) Article 4(1) of the Health and Safety at Work (Northern Ireland) Order 1978, fine of £130,000;
2) For media enquiries please contact: HSENI Press Office on 028 9024 3249 or email media@hseni.gov.uk. For out of office hours please contact Duty Press Officer on 028 9037 8110.
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