Tyrone-based Westland fined £130,000 for 'tragic death' of 38-year-old shift manager

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A Tyrone firm has been fined £130,000 at Dungannon Crown Court arising out of an incident in which a shift manager was killed.

Dungannon-based Westland Horticulture Ltd pleaded guilty to a single health and safety offence at an earlier court.The investigation followed the death of Mr Phillip Moore (38), a shift manager at their production site at Granville Industrial Estate on June 18 2020.

Mr Moore sustained fatal injuries after being struck by an industrial loading shovel that was being operated by another employee in the yard area.

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HSENI Major Investigation Team Inspector Lee Dougan said: “Vehicles at work continue to be a significant cause of fatal and major injuries in Northern Ireland. In the last ten years, 34 people have lost their life through workplace transport incidents and 162 people were seriously injured.

Westland Horticulture Ltd, Granville Industrial Estate, Dungannon. Credit: Google MapsWestland Horticulture Ltd, Granville Industrial Estate, Dungannon. Credit: Google Maps
Westland Horticulture Ltd, Granville Industrial Estate, Dungannon. Credit: Google Maps

“Effective control measures need not be complicated and detailed advice on managing workplace transport risks is readily available to employers.

“This tragic death was completely preventable. HSENI will not hesitate to take enforcement action to ensure workplace transport risks are appropriately managed.”

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The investigation established that Mr Moore was struck by one of the loading shovels transporting raw material across the production site. It was found that Westland Horticulture Limited failed to take reasonably practicable steps to ensure the safety of employees.

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Enforcement action was taken by Health and Safety Inspectors following the incident to ensure steps were taken to protect employees and other persons working on the site in proximity to moving vehicles.

The principles of managing workplace transport fall into three main areas namely ‘safe site’ which ensures effective segregation of vehicles from pedestrians, ‘safe vehicle’ which considers the most appropriate vehicle for the task and environment and ‘safe driver’ which focuses on the competence and behaviour of those who operate vehicles.

In a statement following the case, a Westland spokesperson said: ‘’We acknowledge the outcome of the court proceedings today. We wish to reiterate our sincere condolences to the family of Phillip, he was a long standing, valued, respected and popular member of our team. Our thoughts remain with Phillip’s wife Ruth, his daughter Lilly, his immediate family, and all those that were impacted by his tragic passing.”