On Thursday the 6th of July, in Clonmel Circuit Court, Judge John Martin handed down a 12-month prison sentence on an employer who had earlier 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.
On 26th June 2016, a telehandler being used to carry out work on a farm holding at Coleman, Fethard, County Tipperary went out of control and overturned. As a result, an employee suffered fatal injuries and another employee suffered serious injury.
The employer, who was the farm owner and the owner of the telehandler, 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.
Furthermore the employer failed to maintain the telehandler in such a way as to reduce risks to the users of the telehandler as it was in a dangerous condition, unsafe and unfit for use in that the brakes, accelerator cable, transmission selector, cab door and seat belt were not maintained.