A company that neglected to provide sufficient supervision for a young man who lost his life while operating a forklift at a waste recycling site has been ordered to pay a fine of €650,000.
Dublin Circuit Criminal Court was told that 23-year-old Shane Bellew Reilly tragically died when the forklift he was driving overturned and crushed him, reports Breaking News.
His family described Shane as a kind, affectionate, and loving young man who was deeply cherished by everyone who knew him.
Irish Packaging Recycling Unlimited Company entered guilty pleas, through a representative, to two offences under the Safety, Health and Welfare at Work Act 2005, reports Breaking News.
The first charge stated that the company, as an employer, failed to provide Shane Bellew Reilly with the necessary supervision while operating a forklift, which resulted in injuries leading to his death at Panda Waste, Cappagh Road, Dublin 11, on August 18th, 2021.
The company, with a registered address at Panda Waste Management Solutions, Ballymount Road Upper, Dublin 24, also admitted to failing to ensure a report was prepared after a competent person examined the equipment, reports Breaking News.
When handing down the sentence on Thursday, Judge Martin Nolan said the vehicle became unstable when the prongs were raised, and that Mr Bellew Reilly fell out because he was not wearing a seatbelt.
He noted that there was evidence of widespread failure to use seatbelts on forklifts at the facility, acknowledging that wearing one can be inconvenient when operators frequently enter and exit the vehicle, reports Breaking News.
Judge Nolan said the evidence showed Mr Bellew Reilly had not received adequate training or gained sufficient experience with that specific vehicle, meaning he was unaware of the risks involved.
He added that the lack of seatbelt use was a grave issue, and that had one been worn, it was likely the tragedy could have been avoided, reports Breaking News.
The judge said a financial penalty was the only sanction available to him and that it should serve as a reminder for the company and others to maintain proper safety procedures. He imposed a fine of €650,000.
Kieran Kelly BL, for the prosecution, explained that on the morning of the incident, Mr Bellew Reilly was reversing the forklift with its mast elevated, which caused the vehicle’s centre of gravity to shift dangerously, reports Breaking News.
The forklift overturned, trapping Mr Bellew Reilly beneath it as he was not wearing a seatbelt.
The court was told that no supervisor was present that day and that Mr Bellew Reilly was a novice operator who had received only three and a half hours of forklift instruction, reports Breaking News.
Emergency services were called to the scene, and the Health and Safety Authority launched an investigation.
Investigators discovered that the seatbelt safety system had been bypassed by looping the belt around the seatback, allowing operators to mount and dismount easily, reports Breaking News.
Two other forklifts in operation that day were found with their seatbelts similarly wrapped, while a fourth vehicle was not.
The second charge related to damage the forklift had sustained weeks before the incident, which was repaired, but no formal report was filed as required under legislation, reports Breaking News.
The court heard that the company had no prior convictions and that the forklift itself was in sound mechanical condition.
In a victim impact statement, Shane’s father, Ollie Reilly, said he had been working alongside his son that day and had seen him driving carefully, reports Breaking News.
He described arriving at the accident scene and realising that it was his son trapped beneath the forklift. He recounted the anguish of phoning Shane’s mother to tell her he had died and hearing her screams.
Mr Reilly told the court about the anger, depression, and fear he has endured since the tragedy, reports Breaking News.
Shane’s mother, Sabrina, said in her victim impact statement that her beautiful, strong, and healthy son had grown into a caring and charming man whose gentle personality never faded.
She spoke of his dedication to hard work and his excitement about saving for his first car, reports Breaking News.
She told the court she was traumatised by what happened, describing how the closed coffin made it difficult to accept her son was truly gone. She said the isolation, heartbreak, and anger she has felt over the years were made worse by feeling disrespected.
She wrote that “accidents don’t just happen,” adding that she was in court because her son’s life mattered and she wanted to prevent similar heartbreak for other families, reports Breaking News.
Defence counsel Shane Murphy SC told the court the company expressed “profound shock and sadness” over the tragedy. He said they wished to apologise to the family for their grief and acknowledged their part in Mr Bellew Reilly’s death.
He said the company wanted it noted that Mr Bellew Reilly had been a valued and respected employee, and that several corrective measures had been implemented since the incident, reports Breaking News.
Mr Murphy explained that the company had introduced improvements and new safety protocols to prevent any recurrence.
He added that there was evidence of a general safety system at the facility and that the company had previously warned staff about seatbelt use, reports Breaking News.
Counsel said the practice of disabling seatbelt mechanisms was not widespread across the company.
He stated that since the accident, management had worked to strengthen its focus on safety, reports Breaking News.
Mr Murphy said the company accepted that there had been a lapse in supervision on that day. He asked the court to consider the guilty pleas and said the evidence indicated that several factors combined to cause the fatality, reports Breaking News.
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