VF Coldstores Ltd awaits sentence after admitting health and safety failings

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

A representative of VF Coldstores Ltd pleaded guilty on the company’s behalf at Dublin Circuit Criminal Court to health and safety failings involving a forklift leading to an employee’s death. The proceedings were reported on 13 April 2016.

Warehouse supervisor Robert Ceremuga, 32, was killed on 28 November 2015 when racking holding 36 tonnes of food collapsed onto him. His wife’s victim impact statement was read in court.

Judge Melanie Greally adjourned sentencing to 6 May to consider the fine.

A Health and Safety Authority investigation concluded that the forklift operative lacked the correct training, the racking was overloaded and the pallets should have been removed before work began on the unit.

An engineer’s report attributed the collapse to accidental impact with pallets on a forklift stopped beside the shelving. The operative denied that the pallets struck the racking, and there was no CCTV footage of the collapse. The company did not challenge the engineer’s report. Defence counsel Ronan Kennedy said the primary cause was impact with the forklift.

Inspector Frank Kerins accepted that the operative had previously visited the warehouse while working for another company and an incorrect assumption had been made that he was qualified to perform the task safely.

The inspector agreed that the company took its regulatory obligations seriously and had a good safety record. It had not come to attention since the accident and had introduced safety improvements, including monthly inspections of the racking by an auditor.

The company had no previous convictions and offered to pay the prosecution costs. The court heard that it had an appropriate safety statement and risk assessment, and that all employees except the operative involved had appropriate training.