Director Brian Kelly, along with his company Solar Power BK Limited, fined and given suspended jail sentence, following death of employee in workplace incident

Tuesday 8th July 2025

Solar Power BK Limited was today, Tuesday 8th of July 2025 fined a total of €100,000 by Judge Dara Hayes at Dundalk Circuit Criminal Court, following a fatal work-related incident which occurred at Bellingham Farms at Milestown, Castlebellingham, Co. Louth on 14th of August 2023. The company’s director, Mr. Brian Kelly, was also fined a total of €10,000 and handed two 8-month suspended sentences running concurrently. The accident resulted in an employee falling through a skylight on the roof of an agricultural building, landing on the concrete floor below.

Solar Power BK Limited had earlier pleaded guilty to four charges in breach of the Safety, Health and Welfare at Work Act 2005.

The company pleaded guilty to Regulation 95(1)(a) of the Safety, Health and Welfare at Work (general Application) Regulations 2007 contrary to Section 77(2)(c) and 77(9)(a), in that it failed to ensure that work at height being carried out was properly planned, appropriately supervised and carried out in a safe manner.

The company also pleaded guilty to Section 8(2)(a) of the Safety, Health and Welfare at Work Act 2005 as it relates to Section 8(1) of the said Act contrary to Section 77(2)(a) and 77(9)(a) in that it failed to Manage and Conduct work activities, in particular the installation of Solar PV panels and to take measures to prevent employees from being exposed to falls from height.

The company director, Mr. Brian Kelly, pleaded guilty to four charges under Section 80(1) of the Safety Health and Welfare at Work Act 2005 in respect of the same four charges taken against the company. Two charges in relation to Regulation 95(1)(a) of the Safety, Health and Welfare at Work (general Application) Regulations 2007 contrary to Section 77(2)(c) and 77(9)(a) respectively and two charges in relation to Section 8(2)(a) of the Safety, Health and Welfare at Work Act 2005 as it relates to Section 8(1) of the said Act contrary to Section 77(2)(a) and 77(9)(a) respectively, in that he  failed in his responsibilities as a director of the company.

The accident resulted in an employee falling through a skylight on the roof of an agricultural building, landing on the concrete floor below.

HSA Interim CEO Mark Cullen said,

“Working at height is an activity that all too often can lead to serious or fatal injuries, when the work is not properly planned and where appropriate collective control measures are not put in place to protect those carrying out the activity. Every employer must ensure that an appropriate risk assessment for the work being undertaken is in place. The risk assessment will help identify the risks and the necessary control measures that are required to prevent people falling from a height. Directors of companies have a responsibility to ensure that the work undertaken by their employees is carried out safely. Failure to do so can result in employees receiving life changing or fatal injuries, as was the case in this tragic incident.”