Prosecutions 2010

SummaryIndictment
Adrian McMahon t/a Mid West CommunicationsJameson Roofing Specialists Limited
Hawlson LimitedGalmoy Mines Limited
Condron Concrete LimitedMarkethaven Limited
Roofing Experts and Company LimitedWalmac Limited
Nypro LimitedDunree Construction Limited
Dublin Airport Authority PLCClare County Council
Mr. Richard CorriganMr. Michael Scully
AIBP t/a Waterford ProteinsMr. Pascal O’Regan
Mr. Victor VoganDAF Sales Limited
Booth Precast Concrete LimitedSlaney Foods International Limited
 Seamus Brett and Sons Limited
 Dawn Farm Foods Limited
 Mr. John Hennessey
 M and P Construction Limited
 Mr.  David Lumley
 Oliver Taaffe Limited
 Mega-Var Electrical Services Limited

Summarily

Adrian McMahon t/a Mid West Communications                       

On the 13 January 2010 this case was heard in Tralee District Court. Adrian McMahon t/a Mid West Communications pleaded guilty to one charge. The case arose out of an accident that occurred on the 12 November 2008. The injured party, whilst attempting to install an aerial, climbed onto a roof ladder and fell approximately 6 metres to the ground below. He sustained severe head trauma.

ContraventionLegislationVerdictFineSentence
Section 19(a) contrary to Section 77 (2)(a)Safety Health and Welfare at Work Act ,2005Guilty plea€800n/a
     

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Hawlson Limited                                                                                                                 

On the 18 January 2010 this case was heard in District Court 50, Dublin. Hawlson Ltd pleaded guilty to three charges. This case arose from an accident on the 10 December 2007 when an employee, while conducting repair work, was crushed against the chassis of a Volvo A30 Dump Truck. He was fatally injured.

ContraventionLegislationVerdictFineSentence

Section 8(2)(g)

contrary to

Section 77(2)(a)

Safety Health and Welfare at Work Act, 2005Guilty plea€1,000n/a

Regulation 28(f)(ii)

contrary to Section

77(2)(c)

Safety Health and Welfare at Work

(General Applications) Regulations 2007

Guilty plea€1,000n/a
Regulation 32(1)(a) contrary to Section 77(2) (c)Safety Health and Welfare at Work  (General Applications) Regulations 2007Guilty plea€2,000n/a

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Condron Concrete Limited                                                                                                               

On the 27 January 2010 this case was heard in Tullamore District Court. Condron Concrete Ltd pleaded guilty to two charges. The case arose out of an accident on the 23 of May 2008. An employee of Condron Concrete Ltd suffered crush injuries when his right hand got caught in the tail drum of a conveyor.

ContraventionLegislationVerdictFineSentence
Section 8(2)(a) contrary to section77(2)(a)Safety Health and Welfare at Work Act, 2005Guilty plea€1,500n/a

Section 8(2)(d) contrary to

Section 77(9)(a)

Safety Health and Welfare at Work Act, 2005Guilty pleaTaken into accountn/a

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Roofing Experts and Company Limited                                                                                                          

On the 16 February 2010 this case was heard in Court 50, Dublin. Roofing Experts and Co. Ltd pleaded guilty to two charges. This case arose from an accident on the 4 July 2008. An employee, whilst undertaking work on a flat roof, fell 3.2 metres on to a concrete surface below him and sustained serious injuries.

ContraventionLegislationVerdictFineSentence
Section 8(2)(a) contrary to Section 77(9)(a)Safety, Health and  Welfare at Work Act, 2005Guilty plea€500n/a
Regulation 98(c)(ii) as provided for by Section 77(2)(c)Safety, Health and Welfare at Work (General Application) Regulations 2007Guilty plea€500n/a

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Nypro Limited                     

On the 19 of April 2010 this case was heard at Bray District Court. Nypro Ltd pleaded guilty to two charges. The case arose out of an accident on the 15 July 2008 when a large injection moulding tool fell on top of an employee resulting in severe injuries to fingers on right hand.

ContraventionLegislationVerdictFineSentence
Section 8(2)(a) contrary to Section 77(2)(a)Safety, Health and Welfare at Work Act, 2005Guilty pleaAgreed to pay €1,000 to local charityn/a

Section 8(2)(e) contrary to Section 77(2)(a)

 

Safety, Health and Welfare at Work Act, 2005Guilty pleaAgreed to pay €1,000 to local charityn/a

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Dublin Airport Authority PLC                                                                                                   ��       

On the 13 May 2010 this case was heard at Shannon District Court.  Dublin Airport Authority PLC pleaded guilty to one charge. The aviation fuel-tank farm at Shannon Airport did not have suitable secondary containment around the fuel tanks.

ContraventionLegislationVerdictFineSentence
Regulation 9(1) contrary to Section 77(2)(c)Safety, Health and Welfare at Work Act, 2005;, European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2006Guilty plea€2,000n/a

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Mr. Richard Corrigan

On the 10 May 2010 this case was heard in Drogheda District Court. Richard Corrigan pleaded guilty to one charge. This case arose out of an accident on the 3 October 2008. Whilst pothole repairs were being carried out, a motorcyclist came upon the scene; there was an impact and the motorcyclist sustained serious personal injuries.  The work location was immediately around a sharp bend on a country road and no advance warning signage or traffic management was in place for the road works.

ContraventionLegislationVerdictFineSentence
Section 14(b) contrary to Section 77(2)(a)Safety, Health and  Welfare at Work Act, 2005Guilty plea€2,000n/a

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AIBP t/a Waterford Proteins                                                                                           

On the 5 of July 2010 this case was heard in Waterford District Court. AIBP t/a Waterford Proteins pleaded guilty to two charges. The case arose as a result of an accident on the 15 of February 2008. An employee was grinding a weld when an explosion occurred because of a  build up of flammable gas . The employee suffered very severe injuries as a result.

ContraventionLegislationVerdictFineSentence
Section 8(2)(a) contrary to Section 77(2)(a)Safety, Health and Welfare at Work Act, 2005Guilty plea€2,000n/a
Regulation 169(1)(a) contrary to Section 77(2)(c ) Safety, Health and Welfare At Work Act, 2005; Safety, Health and Welfare at Work (General Application) Regulations 2007Guilty plea€2,000n/a

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Mr. Victor Vogan

On the 11 of November 2010  this case came up for final hearing at Cavan District Court.  Victor Vogan pleaded guilty to one of the charges. The case arose from an incident on the 18 of June 2009 involving two employees of Victor Hogan who both suffered serious injuries when they fell 4.1 metres through an insufficiently supported roof.

ContraventionLegislationVerdictFineSentence
Regulation 44(d)(ii) contrary to section 77(2)(c)Safety Health and Welfare at Work Act, 2005; Construction Regulations 2006Guilty plea€1,500None

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Booth Precast Concrete Limited                                                                                                     

On the 11 September 2008 this case was heard in Clonmel District Court. Booth Precast Concrete Ltd were found guilty of five charges. The case arose from an incident on the 6 of December 2006 in which a Polish national suffered serious injuries when he fell from a height at a construction site at Rossmore, Tipperary Town. He was employed by Booth Precast Products Ltd, subcontractors on site tasked to erect prefabricated chimney sections in timber-framed houses. He suffered serious head and limb injuries.

ContraventionLegislationVerdictFineSentence
Section 8(2)(e) contrary to Section 77(2)(a)Safety, Health and Welfare at Work Act, 2005Guilty€1,000n/a
Section 8(2)(e)  contrary to Section 77(9)(a)Safety, Health and Welfare at Work Act, 2005Guilty€1,000 n/a
Section 8(2)(g) contrary to Section 77(2)(a)Safety, Health and Welfare at Work Act, 2005GuiltyNiln/a
Section 8(2)(g) contrary to Section 77(9)(a)Safety, Health and Welfare at Work Act, 2005GuiltyNiln/a
Regulation 3(1) contrary to Section 77(2)(c)Safety, Health and Welfare at Work Act, 2005;, (Work at Height) Regulations 2006Guilty€1,000n/a

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Indictment

Jameson Roofing Specialists Limited              

On the 14 January 2010 this case was heard in Dublin Circuit Criminal Court. Jameson Roofing Specialists Ltd pleaded guilty to one charge. This case arose out of an accident on 22 July 2005.  Drip flashing was being installed at the Baggage Hall Extension construction site at Dublin Airport.  An employee was fatally injured when he fell from height whilst working on a crusher underground.

ContraventionLegislationVerdictFineSentence
Regulation 10(a) , contrary to Section 48 (1)(c) of the Safety, Health and Welfare at Work Act, 1989, as amendedSafety, Health and  Welfare at Work Act, 2005; Safety, Health and Welfare at Work (General Application) Regulations 1993Guilty plea€7,500n/a

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Galmoy Mines Limited                                                                                                      

On the 20 January 2010 this case was heard in Kilkenny Circuit Criminal Court sitting in Carlow. Galmoy Mines Limited pleaded guilty to two charges. This case arose from an incident on 16 February 2007 when an employee fell from the top guardrail of a manway gantry platform onto the concrete floor. He was fatally injured.

ContraventionLegislationVerdictFineSentence

Section 8(2) (c)(i) contrary to

Section 77(9)(a)

Safety Health and Welfare at Work Act, 2005Guilty plea€100,000n/a

Section 8(2)(c)(i) contrary to

Section 77(2)(a)

Safety Health and Welfare at Work Act ,2005Guilty pleaTaken into accountn/a

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Markethaven Limited                                                                                                                        

On the 9 of February 2010 this case was heard in The Circuit Criminal Court Dublin. Markethaven Ltd had earlier pleaded guilty to two charges. The matter arose from an inspection on 20 June 2003. Markethaven Ltd had arranged for a contractor to carry out demolition works at a site at the Old Spring Grove Laundry. Upon inspection it was found that there was no order to the demolition and pipe work could be seen strewn about with grossly damaged asbestos lagging , containing high levels of category one human carcinogen.

ContraventionLegislationVerdictFineSentence
Regulation 3(1) contrary to Section 77(2)(c)Safety Health and Welfare at Work Act, 2005; Safety Health and Welfare at Work (Construction) Regulations 2001Guilty plea€60,000n/a
Section 13Non-Fatal Offences Against the Person Act, 1997Guilty plea€60,000n/a

See Also Walmac Limited

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Walmac Limited  

On the 9 of February 2010 this case was heard in Circuit Court, Criminal Court Dublin. Walmac Ltd had earlier pleaded guilty to one charge. The matter arose from an inspection on the 20 June 2003. Walmac Ltd had been engaged to carry out demolition works at a site at the Old Spring Grove Laundry. Upon Inspection it was found that there was no order to the demolition and pipe work could be seen strewn about with grossly damaged asbestos lagging, containing high levels of category one human carcinogen.

ContraventionLegislationVerdictFineSentence
Section 7(1) and Section 48(1)(a)Safety Health and Welfare at Work Act, 1989Guilty plea€30,000n/a

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Dunree Construction Limited                                                                                          

On the 11 February 2010 this case was heard in Letterkenny Circuit Court, Dunree Construction Limited pleaded guilty to one charge. The case arose from an accident on the 3 of July 2006. A female member of the public was fatally injured when she fell over 2 metres into an unguarded light-well at Gallagher’s Hotel, Main Street Upper, Letterkenny, Co. Donegal. She was fatally injured.

ContraventionLegislationVerdictFineSentence
Regulation 15(3) contrary to Section 77(2)(c)Safety Health and Welfare at Work Act, 2005;, Safety Health and Welfare at Work (Construction) Regulations 2001Guilty plea€10,000n/a

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Clare County Council                                                                                                          

On the 16 and 17 of February 2010 this case was heard in Ennis Circuit Court. Clare County Council pleaded guilty to four charges. This case arose from an accident that occurred on the 17 May 2006. An employee of Clare County Council suffered serious injuries when the site dumper he was operating overturned. He subsequently died as a result of the injuries. There were no protective measures in place to prevent overturning and he was not wearing a seatbelt.

ContraventionLegislationVerdictFineSentence
Section 8 (2)(a) contrary to Section 77(2)(a)Safety, Health and Welfare at Work Act ,2005Guilty plea€12,500n/a
Section 8(2)(a) contrary to Section 77(9)(a)Safety, Health and Welfare at Work Act, 2005Guilty plea€12,500n/a
Section19(1) contrary to Section 77(2)(a)Safety, Health and Welfare at Work Act, 2005Guilty plea€12,500n/a
Regulation 9(1)(a) as it relates to Regulation 45 contrary to Section 77(2)(c)Safety, Health and Welfare at Work Act, 2005; Safety Health and Welfare at Work (Construction) Regulations 2001Guilty plea€12,500n/a

See also Michael Scully

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Mr. Michael Scully

On the 16 and 17 of February 2010 this case was heard in Ennis Circuit Court. Mr. Michael Scully (Senior Executive Engineer) of Clare County Council pleaded guilty to two charges. This case arose from an accident that occurred on the 17 May 2006 when an employee of Clare County Council suffered serious injuries when the site dumper he was operating overturned .He subsequently died as a result of the injuries. There were no protective measures in place to prevent overturning and he was not wearing a seatbelt.                                                                                      

ContraventionLegislationVerdictFineSentence
Section 19(1) contrary to Section 77(2)(a) contrary to Section 80Safety, Health and Welfare at Work Act, 2005Guilty plean/a12 months (suspended)
Regulation 9(1)(a) as it relates to Regulation 45 of  contrary to Section 77 (2)(c) and Section 80Safety, Health and Welfare at Work Act, 2005; Safety, Health and Welfare at Work Act, 2005 (Construction) Regulations 2001Guilty plean/a12 months (suspended)

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Mr. Pascal O’Regan                                                                                                                            

On 4 May 2010 this case was heard in Cork Circuit Court. Pascal O’Regan pleaded guilty to one charge. The case arose from an accident on 13 November 2007.  Mr. .O’Regan removed a handrail during the course of repairs to a flat roof which was also the means of access to a flat. As a consequence, whilst socialising, a member of the public fell from the roof and sustained serious injuries.

ContraventionLegislationVerdictFineSentence
Section 12 contrary to Section 77(2(A)Safety, Health and Welfare at Work Act, 2005Guilty plea€600n/a

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DAF Sales Limited

On May 10 2010 this case was heard at Dublin Circuit Criminal Court. It arose from an accident that occurred on the 1 of December 2006. An employee was standing in a metal basket on the forks of a forklift truck when , from a height of 4 to 5 meters the employee fell to the ground and the basket fell on top of him. He was pronounced dead at the scene. A risk assessment had not been carried out for work at height and there was no proper means of attachment in place for the basket. DAF Sales Limited pleaded guilty to both charges.

ContraventionLegislationVerdictFineSentence
Section 8(2)(c)(iii) contrary to Section 77(9)(a)Safety, Health and Welfare at Work Act, 2005Guilty plea€60,000n/a
Section 19(1) contrary  to Section 77(2)(a)Safety, Health and Welfare at Work Act, 2005Guilty plea€15,000n/a
   

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Slaney Foods International Limited                                

On the 27 of October this case was heard at Wexford Circuit Court. Slaney Foods International pleaded guilty to two charges. The case arose from an accident that occurred on 13 April 2007 when a horn cutting machine was being operated by an employee (butcher). As a result of the employee slipping, and the fact that key safety features on the machine had been bypassed,the employee’s right hand was caught in the closing blade resulting in severe injuries.

ContraventionLegislationVerdictFineSentence
Section 8(2)(c )(iii) contrary to Section77(9)(a)Safety Health and Welfare at Work Act, 2005Guilty plea€10,000n/a
Section8(2)(g) contrary to Section77(9)(a)Safety Health and Welfare at Work Act, 2005Guilty plea€10,000n/a

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Seamus Brett and Sons Limited                      

On the 28 of October 2010 this case was heard at Castlebar Circuit Court. Seamus Brett and Sons Ltd pleaded guilty to two charges. The case arose as a result of an accident on the 25 of July 2008.  An employee of Seamus Brett and Sons Ltd was injured while working on a farm when the crane he was operating came in contact with 10Kv ESB overhead lines.

ContraventionLegislationVerdictFineSentence
Section 8 contrary to Section 77(2)(a)Safety Health and Welfare at Work Act, 2005Guilty plea€3,000n/a
Regulation 41(b) contrary to Section 77(2)(c)Safety Health and Welfare at Work Act, 2005; Safety, Health and Welfare at Work (Construction) Regulations 2006Guilty plea€3,000n/a

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Dawn Farm Foods Limited                                       

On the 26 of November 2010 this case came on for final hearing at Naas Circuit Court. Dawn Farm Foods Ltd pleaded guilty to four charges. This case arose out of an accident which occurred on the 23 of November 2007. An employee of Dawn Farm Foods Ltd was seriously injured when his left arm became entangled in the machinery he was working on.

Contravention LegislationVerdictFineSentence
Section 8(1,Section 8(2)(a)  and Section 77(2) (a) and Section 78Safety, Health and Welfare at Work Act ,2005Guilty plea€5,000n/a
Section 8(1), Section 8(2)(c)(iii), Section79(a) and Section 78Safety, Health and Welfare at Work Act, 2005Guilty plea€50,000n/a
Regulation 28(a) and Section 77(2)(c) and Section 78Safety, Health and Welfare at Work Act ,2005;  Safety, Health and Welfare at Work (General Application) Regulations 2007Guilty plea€5,000n/a
Regulation 33(e) and Section 77(2)(c) and Section 78Safety, Health and Welfare at Work Act, 2005 ; Safety, Health and Welfare at Work (General Application) Regulations 2007Guilty plea€5,000n/a
       

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Mr. John Hennessey                                          

On the 3 of November 2010  this matter came on for hearing at Kilkenny Circuit Court.  Mr. John Hennessey pleaded guilty to four charges against him. The case arose out of an accident on the 25 of March 2008 when his employee was fatally injured at work. The employee was operating a site dumper when it overturned and he became trapped.

ContraventionLegislationVerdictFineSentence
Section8(1) and Section 8(2)(c )(iii) contrary to Section 77(9)(a)Safety, Health and Welfare at Work Act, 2005Guilty pleaNil12 months suspended for 12 months
Regulation 91 contrary to Section77(2 (c) and  Section 80Safety Health and Welfare at Work Act, 2005; Safety, Health and Welfare at Work (Construction Regulations) 2006  Guilty pleaNil12 months suspended for 12 months
Regulation 25(1)(b) contrary to Section77(2)(c) and Section 80Safety, Health and Welfare at Work Act, 2005; Safety, Health and Welfare at Work (Construction) Regulations 2006Guilty pleaNil12 months suspended for 12 months
Section14(b) contrary to Section77(9) a)Safety, Health and Welfare at Work Act, 2005Guilty pleaNil12 months suspended for 12 months

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M and P Construction Limited

On the 17 of December 2010  this matter came on for final hearing at Dublin Circuit Criminal Court.  M and P Construction Limited pleaded guilty to three charges. The incident arose as a result of an accident that occurred on the 8 of December 2006.  An employee of M and P Construction Limited was working within an excavation site when an edge collapse occurred. The employee was fatally injured.

ContraventionLegislationVerdictFineSentence
Section8(2)(a) relating to Section 77(9)(a)Safety, Health and Welfare at Work Act, 2005Guilty plea€52,000n/a
Regulation 16(b) contrary to Section 77(2)(c) Safety, Health and Welfare at Work Act, 2005; Safety, Health and Welfare at Work  (Construction) Regulations 2006Guilty pleaTaken into accountn/a
Regulation 51(1)a) contrary to Section 77(2)(c)

Safety, Health and Welfare at Work Act, 2005; Safety, Health and Welfare at Work  (Construction)

Regulations 2006

Guilty pleaTaken into accountn/a

See also David Lumley

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Mr.  David Lumley

 On the 17 of December 2010  this matter came on for final hearing at Dublin Circuit Criminal Court. David Lumley, the site foreman pleaded guilty to one charge. The incident arose as a result of an accident that occurred on the 8 of December 2006.  An employee was working within an excavation site when an edge collapse occurred. The employee was fatally injured. The construction company had directed the site foreman to carry out specific remedial works to the section of excavation open at that time.

ContraventionLegislationVerdictFineSentence
Section 80 relating to Section 8(2)(a) relating to Section 77(9) (a)Safety, Health and Welfare at Work Act, 2005Guilty plea€5,000n/a

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Oliver Taaffe Limited

On the 3 of November 2010  this case was heard at Ennis Circuit Court. Oliver Taaffe Ltd pleaded guilty to two charges. The case arose following injuries to an employee of Oliver Taaffe Ltd. The injured party (a minor) who was on work experience at the time of the accident suffered injuries when a concrete slab fell on his foot resulting in amputation of four toes.

ContraventionLegislationVerdictFineSentence
Section 20(3)(b) contrary to 77(2)(a)Safety, Health and Welfare at Work Act, 2005Guilty plea€3,000n/a
Regulation144(b)(i) contrary to 77(2)(a)Safety, Health and Welfare at Work  (General Application) Regulations 2007Guilty plea€3,000n/a

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Mega-Var Electrical Services Limited                                                              

 On the 15 of December  2010 this case was heard at Portlaoise Circuit Court..  Mega-Var Electrical Services Limited pleaded guilty to all five charges.  The case arose out of an accident on the 26 of June 2008. Two employees were being elevated in a non-integrated man-riding basket attached to the carriage of a telescopic handler which overturned. One of the employees died as a result of the accident and one was seriously injured.

ContraventionLegislationVerdictFineSentence
Regulation 42(i)Safety, Health and Welfare at Work (General Application) Regulations 2007Guilty plea€1,000n/a
Regulation 42(j)Safety, Health and Welfare at Work (General Application) Regulations 2007Guilty plea€1,000n/a
Regulation 25(b)Safety, Health and Welfare at Work (Construction) Regulations 2006Guilty plea€1,000n/a
Section 8(2)(e) contrary to Section 77(2)(a)Safety, Health and Welfare at Work Act, 2005Guilty plea€1,000n/a
Section 8(2)(e) contrary to Section 77(9)(a)Safety, Health and Welfare at Work Act, 2005Guilty plea€1,000n/a

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