Fines totalling €650,000 handed down following fatal incident at quarry
19th March 2024
Today, Tuesday 19th March, in Dublin Circuit Court, Shannon Valley Plant Hire Limited and L. Behan Aggregates & Recycling Limited were fined a total of €650,000 before Judge Martin Nolan following a fatal incident in October 2021 at a quarry in Rathcoole, Co. Dublin.
On October 28th 2021 whilst re-fuelling machinery for Shannon Valley Plant Hire Ltd at a quarry operated by L. Behan Aggregates & Recycling Limited, an employee of an oil company was fatally injured.
Shannon Valley Plant Hire Ltd failed to ensure, so far as was reasonably practicable, that in the course of the work being carried on, individuals at the place of work (not being employees of the company) were not exposed to risks to their safety, health and welfare and in particular that the company failed to ensure that there was adequate lighting in place for working outside daylight hours during the refuelling process, that there was no proper segregation of people, and plant and machinery, and that there was a failure to switch off plant and machines.
- Behan Aggregates & Recycling Ltd, as the operator of the quarry, failed to ensure that suitable instructions and operating procedures were in place in the quarry for the safe use of work equipment, in particular, the refuelling of plant and machinery at work in the said quarry outside daylight hours.
According to Mark Cullen, Assistant Chief Executive with the Health and Safety Authority:
"It is important that employers carry out risk assessments to identify and ensure appropriate control measures are put in place to protect both employees carrying out the work and other persons who may be impacted by the work activity. Employers must ensure that the control measures identified are put in place to reduce the risk of serious injury arising from vehicle movements. As can be seen from this tragic case, failure to do so can end in tragic consequences, all of which were avoidable".
Shannon Valley Plant Hire Limited pleaded guilty to a breach of Section 15(3) contrary to Section 77 (9) (a) of the Safety, Health and Welfare at Work Act, 2005. Another charge relating to Section 15(3) contrary to Section 77 (2) (a) of Safety Health & Welfare at Work Act 2005 was taken into account in sentencing.
- Behan Aggregates & Recycling Limited pleaded guilty to a breach of Regulation 14(a) of the Safety Health & Welfare at Work (Quarries) Regulations 2008 contrary to Section 77 (2) (c) of Safety Health & Welfare at Work Act 2005 and other charges were taken into consideration.
Shannon Valley Plant Hire Limited was fined a total of €600,000 plus costs while L. Behan Aggregates & Recycling Limited was fined a total of €50,000 plus costs. ENDS.
