NK Coatings Ltd: County Antrim firm fined £120k after employee death

A County Antrim shot-blasting firm was fined £120,000 on Tuesday after a worker was crushed to death when a metal rack fell off a forklift.

The judge said "foreseeable failings'' by NK Coatings Ltd resulted in the 56-year-old man's death.

It happened on 23 September 2020.

Paul Harvey, a director of NK Coatings, which is based in Mallusk, pleaded guilty on behalf of the company to a single charge of failing to ensure the health, safety and welfare of workers.

Belfast Recorder Judge Stephen Fowler QC told the court the death had a "catastrophic impact on his wife and three daughters who have lost their loving husband and father''.

Passing on the court's "deepest sympathies'' to the family, Judge Fowler added: "A void has been left in their lives which cannot be assuaged by any sentence that I pass today.

"It has been particularly difficult for the victim's widow as her husband was the main bread winner for the family which is presently suffering financial hardship with their lives dramatically changed for the worse."

The prosecution lawyer told Belfast Crown Court that on 23 September 2020 workers at the factory were moving a partially assembled metal rack weighing 660kg on a forklift truck.

While manoeuvring the metal structure onto its feet, "the metal rack fell off the toes of the forklift, pinning the victim to the ground and crushing the deceased''.

Mr Russell said that the previous week a crane had been used to move a similar type structure, adding that had this happened in this incident the death of the worker would not have taken place.

"There was a total failure in this case in terms of health and safety. No plan of this task had taken place prior to the movement of the metal structure.''

The defence lawyer said his instructions on behalf of the company was that "this accident should not have happened and it is a matter of deep regret that the accident did happen and the company fully acknowledge the dreadful consequences that has befallen the family of the deceased''.

In relation to the financial hardship affecting deceased's family, he said the company's solicitors would be addressing that with NK Coatings' insurers.

The defence lawyer said that the company fully accepted its health and safety failings and, as a result of this incident, all other work of this nature is now being carried out by its sister company, NK Fencing Ltd.

The judge said the company had "completely failed" to foresee the dangers when assembling the rack but added that the company "had learned lessons from this tragedy'' and prior to the incident had a good health and safety record.

Imposing the £120,000 fine, the judge said: "No fine I impose could in any way mark the value and worth of this hard-working and dedicated husband and father."