Dairymaster fined €400,000 following fatal farm incident

Dairymaster Unlimited Company, Causeway, Co Kerry, has been convicted and fined a total of €400,000 by judge Simon McAleese at Limerick Circuit Criminal Court on Monday 27 July, after pleading guilty to breaches of safety, health and welfare at work legislation, according to the Health and Safety Authority (HSA).

The case arose following a fatal work-related incident which occurred at a dairy farm in Co Limerick on 30 July 2020 when a farmer was fatally injured from a pneumatic-powered parlour back entry gate which was designed and manufactured by Dairymaster Unlimited Company.

The gate was used to control animals in the milking parlour, creating a separation between the holding area and the cow standing area and keeping the cows in position while being milked.

Judge McAleese imposed a fine of €200,000 on the breach of Section 16 (3) of the Safety, Health and Welfare at Work Act 2005 contrary to Section 77 (2) (a).

A fine of €200,000 was also imposed on the breach of Section 16 (1) (a) of the Safety, Health and Welfare at Work Act 2005 contrary to Section 77 (9) (a).

The remaining counts were taken into consideration, the HSA said.

“This tragic incident demonstrates the vital importance of ensuring machinery is properly designed, tested and supplied with adequate safety information,” chief executive officer at the HSA Mark Cullen commented.

“Manufacturers have a responsibility to ensure their products are safe for use at work. The consequences of failing to do so can be devastating.”

Dairymaster comment

A spokesperson for Dairymaster has said the company acknowledges the decision of the court.

“Dairymaster extends its sincere condolences to the family of the deceased following the tragic loss of life arising from the farm accident involving a parlour animal entry gate on a farm in County Limerick in July 2020. Our thoughts remain with them.

“Dairymaster co-operated with the Health and Safety Authority and all other relevant authorities throughout this process.

"Since the accident, Dairymaster worked with the Health and Safety Authority and independent specialists as part of its review of the animal entry gate.

“Dairymaster places the safety of all users of its equipment at the forefront of its activities and remains committed to continuous improvement in farm safety.”