Kavanagh Retailing fined €125k following fatal workplace incident
Monday, 9 November 2026
Kavanagh Retailing (IRL) Unlimited Company was, on Friday 6 November 2026, fined a total of €125,000 by Judge Eoin Garavan at Castlebar Circuit Criminal Court, following a fatal incident which occurred at Kavanagh SuperValu, Shop Street, Westport, Co. Mayo, on 6th June 2024.
A member of the public sustained fatal injuries when hit by a delivery truck at the Kavanagh SuperValu parking lot, Shop Street, Westport, Co. Mayo.
Kavanagh Retailing (IRL) Unlimited Company had previously pleaded guilty to five charges in breach of the Safety, Health and Welfare at Work Act 2005.
The company pleaded guilty to Section 12 of the Safety, Health and Welfare at Work Act 2005, contrary to Sections 77(2)(a) and 77(9)(a) of the Act, in that it failed to manage and conduct its undertaking in such a way as to ensure, so far as was reasonably practicable, that persons who were not its employees were not exposed to risks to their safety, health and welfare. Namely, the company failed to ensure adequate traffic management measures were in place during the delivery of goods by heavy goods vehicle, including the appropriate segregation of vehicles and pedestrians, resulting in the death of a member of the public.
The company also pleaded guilty to Section 19(4) of the Safety, Health and Welfare at Work Act 2005, contrary to Section 77(2)(a) of the Act, in that it failed in relation to the most recent risk assessment to take steps necessary to implement improvements identified through its risk assessment and failed to ensure that such improvements were implemented across all workplace activities.
The company also pleaded guilty to Regulation 14(a) of the Safety, Health and Welfare at Work (General Application) Regulations 2007, contrary to Sections 77(2)(c) and 77(9)(a) of the Safety, Health and Welfare at Work Act 2005, in that it failed to ensure that the workplace was organised in such a way that pedestrians and vehicles could circulate safely and failed to ensure that an adequate traffic management plan was in operation, resulting in the death of a member of the public.
HSA Assistant Chief Executive, Eibhlin O’Leary, said,
“This tragic incident is a reminder that an employer’s responsibility for safety does not stop with its own employees. Employers also have a duty to ensure that individuals at the place of work, not being employees, are not exposed to risks to their safety, health or welfare.
Workplace transport involving heavy goods vehicles must be carefully managed, particularly where vehicles and pedestrians share the same space. Appropriate traffic management and segregation measures are essential.
Identifying a risk is not enough. Where a risk assessment identifies safety improvements, employers must ensure they are put in place.”