Concrete Product Manufacturer Fined €125,000 for Breach of Health and Safety Legislation Leading to Death of Employee
Thursday 18th February
Kilsaran Concrete, a large manufacturer of concrete products based in Dunboyne, Co. Meath, was today (Thursday 18th February) fined €125,000 and ordered to pay costs by Judge Michael O’Shea in Trim Circuit Court after pleading guilty to a breach of health and safety legislation which led to the death of a worker.
The case arose when an employee of Kilsaran Concrete, Mr. Barry Gargan, was fatally injured on 6th September 2011 when he was working on the wet cast manufacturing unit. Due to the danger of the automated moving equipment, the unit was surrounded by a safety cage. Mr. Gargan was instructed to work inside this safety cage which was then closed allowing the process to be started. Mr. Gargan was fatally injured when a hydraulic arm pinned him against a vibrating table.
Brian Higgisson, Assistant Chief Executive of the Health and Safety Authority said, “This accident was caused by a deliberate breach of safety procedures and should not have happened. The area was considered extremely dangerous and the practice at Kilsaran Concrete of allowing workers to bypass the safety controls and work inside the danger zone showed a blatant disregard for the safety and health of workers. This type of behaviour is not acceptable and will not be tolerated.”
The company pleaded guilty to a breach of Section 8(2)(a) of the Safety, Health and Welfare at Work Act 2005 contrary to Section 77(9)(a) in that the company failed to manage and conduct work activities, in particular the manufacture of concrete kerbs in a wet cast plant at the place of work in such a way to ensure so far as is reasonably practicable the safety, health and welfare of employees and as a consequence a person, to wit, Mr. Barry Gargan suffered personal injury and died.
Mr. Carl Griffin, a manager with Kilsaran Concrete, also pleaded guilty to a breach of Section 14(b) contrary to 77(9) of the same Act in that he did intentionally, recklessly or without reasonable cause place at risk the health and safety of persons in connection with work activities by permitting persons to work inside the guarded safety area of a wet cast production or casting line and as a consequence a person, to wit, Mr. Barry Gargan suffered personal injury and died. Mr. Griffin was fined €10,000.
ENDS
