Kildare company fined €75k plus costs over death of worker

N&C Enterprises Ltd. of Kilmeague, Co. Kildare was today fined €75,000 plus costs of €4,057 by Judge Martina Baxter in Naas Circuit Court. 

During previous court dates, N&C Enterprises Ltd pleaded guilty to breaches of charges under health and safety legislation, and having heard the evidence, mitigation and victim impact statements, Judge Martina Baxter delivered her reserved judgement this morning. 

Portuguese national Luis Borges, an employee of N&C Enterprises Ltd, was fatally injured on February 15, 2019 while operating equipment under the control of the company. 

Mr Borges entered into the danger zone through a retrofitted gate which by-passed all the integral safety protective features of the plant when he was struck and fatally injured by a rotating robotic arm.

Mark Cullen, Assistant Chief Executive of the Health and Safety Authority, said, “N&C Enterprises Ltd. failed in their duty to provide a safe place and system of work to Mr. Borges. 

"In today’s workplaces it is not unusual for advanced technology and robotic equipment to be utilised. 

"Employers must ensure that all inbuilt safety protective devices are in good working order and that employees are not put in danger by unsafe work practices which bypass these crucial safety devices. 

"In this case, the bypassing of these safety protective devices resulted in a fatal incident that tragically was entirely foreseeable and preventable.”

N&C Enterprises Ltd pleaded guilty to breaches of charges under the Safety, Health and Welfare at Work Act 2005, namely: 

• Section 8(2)(e) Contrary to Section 77(9) of the Safety, Health and Welfare at Work Act 2005.
• Section 8 (2) (a) Contrary to Section 77(9) of the Safety, Health and Welfare at Work Act 2005.
• Section 8 (2) (c) (ii) Contrary to Section 77(9) of the Safety, Health and Welfare at Work Act 2005.

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