A cargo handling firm and a machinery manufacturer have been fined a total of €450,000 for breaches of Health and Safety Regulations, which came to light after a Dublin father-of-four was run over by a large machine in Dublin Port.
Nicholas Collier, a 55-year-old haulier, was killed when struck by a container handler, a forklift-type truck used to remove containers, as he worked at the port on August 14th, 2019. The court heard he could not be seen by the driver of the handler due to restricted visibility.
Swedish company Kalmar Solutions AB and Belfast-based Scruttons (NI) Ltd were before Dublin Circuit Criminal Court on Monday, where they were each charged with a breach of the Safety, Health and Welfare at Work Act.
Members of the Collier family, who were in court, left the room before footage of the incident was shown. The footage from a tug parked nearby showed the large vehicle approaching at about 25km per hour, and running over Mr Collier.
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However, footage captured from two CCTV cameras on board the handler did not show Mr Collier at all. The court also heard that the driver of the handler, whose cab was three metres high, was unaware that there had been an impact.
Pádraig McMahon, a senior inspector with the Health and Safety Authority (HSA) said that, after the incident, control measures were put in place. These included the use of a 4x4 to escort the vehicle across the port, where the drivers of both vehicles would be in radio contact.
That measure has since been replaced with the incorporation of mirrors onto the machine to allow the driver to see around the mast, and zig-zag driving.
Judge Martin Nolan extended the court’s condolences to Mr Collier’s family. He said it was clear that he was much loved and had contributed significantly to his family and community.
He noted that the maximum fine was €3 million, and imposed a fine of €150,000 on Kalmar Solutions and €300,000 on Scruttons, with six months to pay.
