Nitrofert Limited fined €350,000 following fatal accident where an employee of a contractor was crushed

13th May 2024

Today, Monday 13th May 2024 at Wexford Circuit Criminal Court, Judge Cormac Quinn imposed a fine of €350,000 on Nitrofert Limited following a fatal work-related incident which occurred at Nitrofert Limited at Raheen, New Ross in County Kilkenny on 11th of October 2019.

Nitrofert Limited had earlier pleaded guilty to six charges in breach of the Safety, Health and Welfare at Work Act 2005.

The company pleaded guilty to Section 12 of the Safety, Health and Welfare at Work Act, 2005 contrary to Section 77(2)(a), in that it failed to have in place a safe permit to work system to ensure the safety of persons working at or near dangerous moving machinery parts. The company also pleaded Section 15(3) of the Safety, Health and Welfare at Work Act 2005 contrary to Section 77(9)(a) in that moving parts of machinery were not adequately equipped with guards or protection devices.

The accident resulted in a contractor being struck and pinned between a steel upright and a moving pallet containing 500 kg of fertilizer on a conveyor whilst he was repairing a barcode printer.

Mark Cullen, Assistant Chief Executive, HSA said:

“This preventable fatality is a reminder that there are serious risks when operating or working with machinery. Risk assessments must be carried out by the duty holder and all preventative measures put in place to ensure any operator or person working with or around machinery will not be placed at risk of serious or fatal injury."