A farm owner and employer has been handed down a 12-month prison sentence following a workplace fatality, which happened on his farm on June 26, 2016.
In 2016, a telehandler being used to carry out work on the employer’s farm holding at Coleman, Fethard, Co. Tipperary, went out of control and overturned.
As a result, an employee suffered fatal injuries and another employee suffered serious injury.
The farm owner pleaded guilty to charges in breach of the Safety, Health and Welfare at Work Act 2005 and the Safety, Health and Welfare at Work (General Application) Regulations 2007.
He was sentenced to 12 months in prison at Clonmel Circuit Court on July 6.
According to the Health and Safety Authority (HSA), the employer “failed to manage and conduct work activities in such a way as to ensure, so far as was reasonably practicable, the safety health and welfare at work of his employees”.
The HSA also stated that the telehandler was “in a dangerous condition, unsafe and unfit for use”.
The brakes, accelerator cable, transmission selector, cab door and seat belt were not maintained.
Mark Cullen, assistance chief executive officer (CEO) of the HSA said: “Working with machinery and vehicles is a well known hazard in all workplaces.
“It is vitally important that employers maintain all machinery and vehicles being used in their workplaces, which includes farms, to ensure that the safety, health and welfare of their employees carrying out work activities are able to do so safely.”
He added that it is up to the employer to make sure that operator training is provided to all workers and that risk assessments are carried out in advance of the work activities commencing.
“Failure to do so in this case has unfortunately led to a preventable workplace fatality,” Cullen said.