Denis Moriarty The Kerries Limited fined €220,000 for breach of Health and Safety legislation
14th October 2022
Today, 14th October, at Sligo Circuit Criminal Court, Judge Keenan Johnson imposed a fine of €220,000 on Denis Moriarty The Kerries Limited following a guilty plea to breaches of the Safety, Health and Welfare at Work Act 2005.
The case arose following an incident, on 12th December 2016, at the construction site of Derrysallagh Windfarm, Glen, Co Sligo. The construction of a temporary floating road on the construction site triggered a land slide of peat. As a result of the land slide of peat, an employee of Denis Moriarty The Kerries Limited suffered fatal injuries.
The company pleaded guilty to Section 8(2)(a) of the Safety, Health and Welfare at Work Act 2005 contrary to Section 77(9)(a) of the Safety, Health and Welfare at Work Act, 2005 in that it failed to obtain an appropriate assessment and design from a geotechnical engineer prior to the construction of the temporary road.
The company also pleaded guilty to Section 8(2)(e) of the Safety, Health and Welfare at Work Act, 2005 contrary to Section 77(9)(a) of the Safety, Health and Welfare at Work Act, 2005 in that it did fail to provide a system of work that was planned organised and performed and maintained so far as was reasonably practicable to be safe and without risk to health in relation to the construction of a temporary road.
Mark Cullen, Assistant Chief Executive of the Health and Safety Authority, said “Employers have a duty to ensure that workers are protected from any potential hazards that arise in their workplace. Failure to do so in this case has regrettably led to the fatal injury of an employee. We would ask all employers to carry out risk assessments and ensure that the precautionary measures to ensure safety are in place before any work commences. We also urge employers to have a system of work in place and that it is clearly communicated to all workers.”
Submission completed, thank you!