Fatal accident lands glass processing company in the dock

The case stems from an incident on 19 May 2022 that resulted in the death of a 65-year-old employee, Mr. Terry Kilmartin.

Today at Downpatrick Crown Court, Glas-Seal (NI) Ltd was fined £30,000 after pleading guilty to a single breach of health and safety legislation.

The Court heard that on 19 May 2022, Mr. Kilmartin was fatally injured while working at the company’s premises in Ballynahinch. During the incident, a large pack of glass, known in industry as an “end-cap”, collapsed and fatally struck Mr. Kilmartin, resulting in his death.

Speaking after the hearing, HSENI inspector, Sophie Pearson said, “Employers have a legal duty to provide a safe working environment and to implement appropriate control measures when handling heavy loads and materials such as packs of glass or “end-caps”. The handling and storage of large packs of glass presents significant risks, and it is essential that these risks are thoroughly assessed and managed to prevent serious incidents.

“This accident was entirely preventable and could have been avoided if suitable control measures had been in place to safely secure the large packs of glass. It is critical that businesses handling large heavy goods and materials, ensure that storage processes and safe systems of work are adequate and that employees are suitably trained to safely work with and process these heavy loads.

“HSENI will not hesitate to take enforcement action against companies that fail to prioritise employee safety, especially in high-risk environments and will continue to work closely with prosecutors in the Public Prosecution Service to have these companies brought before the courts.”

The HSENI investigation found that Glas-Seal (NI) Ltd failed to conduct a comprehensive risk assessment for the storage, handling, and processing of large glass packs. Further to this the company did not have sufficient measures in place, to ensure safe storage of the end-caps, which posed a significant hazard. Furthermore, the company failed to ensure that employees were properly trained to manage these risks.