By Fiona Ferguson
A company which failed to provide proper supervision of a young man who died while operating a forklift truck at a waste recycling facility has been fined €650,000.
Dublin Circuit Criminal Court heard that Shane Bellew Reilly (23) tragically died when the vehicle he was operating overturned and fell on top of him.
His family outlined how Shane was a kind, warm, loving young man, beloved by those around him.
Irish Packaging Recycling Unlimited Company pleaded guilty, through a representative, to two charges under the Safety, Health and Welfare at Work Act 2005.
The first charge outlines that as an employer it failed to provide the supervision necessary to Shane Bellew Reilly for the operation of a fork lift truck and as a consequence he suffered injuries and died at Panda Waste, Cappagh Road, Dublin 11 on 18 August, 2021.
The company, with an address at Panda Waste Management Solutions, Ballymount Road Upper, Dublin 24, also pleaded guilty to failing to ensure the preparation of a report following the examination of equipment by a component person.
Passing sentence, Judge Martin Nolan said the vehicle had become unbalanced as the prongs were raised and Mr Bellew Reilly had fallen out of the vehicle as he was not wearing a seatbelt.
He said there was evidence there was a practice on the date on some of the forklifts at the facility of not using a seatbelt and the court understood wearing one in a situation where the operator has to get on and off is inconvenient and slows people down.
Judge Nolan said there was evidence Mr Bellew Reilly was not trained appropriately and not aware of the risks of driving this particular vehicle, having not competed enough hours training.
The judge said the death of this exemplary hardworking young man with his future ahead of him was a total tragedy. He extended his sympathies to the family.
He said the practice of not using a seatbelt was a serious matter and if a seatbelt was used there was a good chance this tragedy might not have occurred.
Judge Nolan said the only punishment he could impose on the company was a monetary one. He said he would impose a substantial fine to remind the company and others to make sure the necessary precautions and regulations were in place. He imposed a €650,000 fine on the company.
Kieran Kelly BL, prosecuting, outlined that Mr Bellew Reilly was operating a forklift on the morning of the accident and was reversing with the forklift mast raised which raised the centre of gravity of the vehicle.
The vehicle overturned with Mr Bellew Reilly, who was not wearing a seatbelt, underneath it.
The court heard there was no supervisor present on the day and that Mr Bellew Reilly was a novice operator, having received just three and half hours instruction in using the forklift.
Emergency services were alerted and a HSA investigation commenced. The investigation discovered that the seat belt safety mechanism of the vehicle had been overridden by wrapping the seat belt around the back of the seat which allowed the operator hop on and off the vehicle freely.
Two other forklifts operating on the day were found to have the seatbelt wrapped around the back of the seat, while one further machine did not.
The second charge referred to damage sustained by the forklift a few weeks previously which was repaired but the necessary report was not completed as required by the legislation.
The company has no previous convictions. The investigation found the forklift to be in good working order.
Shane’s father, Ollie Reilly, outlined in a victim impact statement to the court that he had been working with Shane on the day of the accident and said he had observed his son driving carefully.
He described later coming on the scene of the accident and realising it was his son underneath the forklift. He told how he had to call Shane’s mother to say he had died and hearing her screams.
His father outlined to the court the anger, depression and fear he has felt since the accident.
Shane’s mother, Sabrina, submitted a victim impact statement in which she outlined how her beautiful strong and healthy child had grown into a loving and charming young man, whose gentle nature stayed with him.
She told the court of his hardworking nature and how excited he was to save for his first car.
She said she had been left traumatised by events and how having the closed coffin made it difficult for her to accept her son was inside. She described the isolation, devastation and anger she has experienced over the past few years and feels she had been treated with a lack of respect.
She wrote that “accidents don’t just happen” and said she was in court because her son’s life matters and she did not want this to happen to any other family.
Defence counsel, Shane Murphy SC, said the company expressed “profound shock and sadness” at the tragic events. He said would like to apologise to the family for the sorrow and distress caused and their role in Mr Bellew Reilly’s death.
He said the company wished to say Mr Bellew Reilly was a highly respected and well regarded employee. He said a series of measures have been put in place since the accident.
Mr Murphy outlined the company have responded with improvements and specific measures since the accident which indicate their desire to make amends and ensure no such accidents take place again.
He said there was evidence the company did have safety system in place generally and had previously given warnings about seatbelts. He submitted the practice of overriding the safety mechanism was not universal at the company.
Counsel said since the accident they have again sought to drive up the emphasis on safety.
Mr Murphy said the company accepts there was a failure in supervision on that day. He asked that the guilty pleas be taken into account and that the evidence tended to show a combination of factors giving rise to causation.