Prosecutions 2015

SummaryIndictment
  1. Gregory Smith
  2. M.L. Quinn Construction Ltd
  3. Earrai Coillte Chonnacht Teoranta
  4. Tipperary Co-Operative Creamery Limited
  5. Patrick Murphy
  6. H.J. Heinz Manufacturing Ireland Limited
  7. Liebherr Container Cranes Limited
  1. Iggy Madden Transport Limited
  2. Oran Pre-Cast Limited
  3. Electricity Supply Board
  4. Eurogene Al Services (Ireland) Limited
  5. Irish Ferries Limited t/a Dublin Ferryport Terminals
  6. Finlay’s of Ardee Limited
  7. University College Cork

 

Iggy Madden Transport Limited                                                                                                                On indictment

On the 23 January 2015, this case was heard in Galway Criminal Circuit Court. Iggy Madden Transport Limited pleaded guilty to one charge. Iggy Madden Transport Limited was convicted of failing to ensure that work at height on the 19 March 2013 was properly planned, appropriately supervised and carried out in a matter that was, so far as is reasonably practicable safe and without risk to health.

Contravention

Legislation

Verdict

Fine

Regulation 95(1)(a) of the Safety Health and Welfare at Work (General Application) Regulations 2007, contrary to Section 77(2)(c)

Safety Health and Welfare at Work (General   Application) Regulations

 

Safety Health and Welfare at Work Act 2005

Guilty plea

€20,000

 

Gregory Smith                                                                                                  Summary

On the 10 February 2015 this case was heard in Dublin District Court. Gregory Smith was found guilty on one charge and was convicted of failing to provide systems of work that were planned, organised, performed, maintained and revised as appropriate, a consequence of which was that a person suffered personal injury. This case arose from an accident on the 4 of September 2013, where a man basket in use slid off the forks of a teleporter and fell to the ground, throwing the injured party to the ground and resulting in severe injuries.

Contravention

Legislation

Verdict

Fine

Section 8(2)(e) contrary to S77(9)(a)

The Safety,   Health and Welfare at Work Act 2005.

Found guilty

€500

 

Oran Pre-Cast Limited                                                                                                                   On indictment

On the 20 February 2015, this case was heard in Dublin Circuit Criminal Court. Oran Pre-Cast Limited pleaded guilty to one charge. This case arose from an accident on the 20 October 2010 when there was a catastrophic failure of a stair core in Phibblestown Post Primary School, Dublin when stair core 5, linking the first and second floors collapsed.

Contravention

Legislation

Verdict

Fine

Section 17(2)(a) contrary to Section 77(2)(a)

Safety Health and Welfare at Work Act 2005

Guilty plea

€25,000

 

Electricity Supply Board                                                                                                                On indictment

On the 9 March 2015, this case was heard in Dublin Circuit Criminal Court. The Electricity Supply Board pleaded guilty to one charge. This case arose from an accident on the 15 of January 2013 when an apprentice electrician suffered fatal injuries whilst carrying out service maintenance at Finglas 220kV Station.

Contravention

Legislation

Verdict

Fine

Section 8(2)(a) as that relates to Section 8(1) of the Safety Health and Welfare at Work Act 2005 contrary to Section 77(9)(a)

Safety Health and Welfare at Work Act 2005

Guilty plea

€250,000

 

Eurogene AI Services (Ireland) Limited                                                                                 On indictment

On the 13 March 2015, this case was heard in Clonmel Circuit Criminal Court. Eurogene AI Services (Ireland) Limited pleaded guilty to two charges. This case arose from an incident on the 13 of December 2011 at Eurogene AI Services Ltd, Kilcoran, Co. Tipperary, where two laboratory technicians were dispensing liquid nitrogen when they collapsed.  

Contravention

Legislation

Verdict

Fine

Section 8(2)(c)(iii) contrary to Section 77(2)(a)

Safety Health and Welfare at Work Act 2005

Guilty plea

€7,000

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

Safety Health and Welfare at Work Act 2005

Guilty plea

Taken into consideration

 

 M.L. Quinn Construction Ltd                                                                                                    Summary

On the 18 March 2015 this case was heard in Dundalk District Court. M.L. Quinn Construction Ltd pleaded guilty to one charge and were convicted and fined €5,000, the maximum allowable in the District Court. The case arose when during the course of project, a fatal accident occurred on the 8 July 2013 when an employee fell from the lower level scaffolding (2.25 metres) to the ground below.                                                                  

Contravention

Legislation

Verdict

Fine

Regulation 16(f) of the Safety, Health and Welfare at Work (Construction) Regulations, 2006 and contrary to Section 77(2)(c)

Safety Health and Welfare at Work (Construction) Regulations 2006.

Guilty plea

€5,000

 

Earrai Coillte Chonnacht Teoranta                                                                                           Summary

On the 26 March 2015 this case was heard in Clifden District Court, Co Galway. Earrai Coillte Chonnacht Teoranta pleaded guilty to one charge and were convicted and fined €2,000. This case arose from an incident on the 17 January 2014 when an employee was seriously injured by becoming pinned between a metal bin and the box metal upright of a drop sorter machine when attempting to free a log jam.

Contravention

Legislation

Verdict

Fine

Section 8(2)(e) contrary to Section 77 (9)(a)

Safety, Health and Welfare at Work Act 2005

Guilty plea

€2,000

 

Tipperary Co-Operative Creamery Limited                                                                          Summary

On the 1 April 2015 this case was heard in Tipperary District Court. Tipperary Co-Operative Creamery Limited pleaded guilty to one charge. This case arose from an incident where an employee was injured by an exposed blade on an agitator when removing settled curd from a cheese vat.

Contravention

Legislation

Verdict

Fine

Regulation 28   (k) of the Safety, Health and Welfare at Work (General Applications) Regulations   2007 contrary to Section 77(9)(a) of the Safety, Health and Welfare at Work Act 2005.

General Application Regulations 2007

Safety, Health and Welfare at Work Act 2005

Guilty plea

€500

 

Patrick Murphy                                                                                                                                 Summary

On the 24 April 2015 this case was heard in Kilmallock District Court. Patrick Murphy pleaded guilty to one charge and was convicted and fined €250. The case arose following a fatal accident on the 21 February 2014 when a young stable boy, in training to be a jockey, fell from the drawbar of the trailer being towed by a tractor.

Contravention

Legislation

Verdict

Fine

Section 14 (b) of the Safety, Health and Welfare   at Work Act, 2005 contrary to Section 77(2)(b) of the Safety, Health and Welfare at Work Act 2005.

Safety Health and Welfare at Work Act 2005

Guilty plea

€250

 

Irish Ferries Limited t/a Dublin Ferryport Terminals                                                        On indictment

On the 25 June 2015, this case was heard in Dublin Circuit Criminal Court. Irish Ferries Limited t/a Dublin Ferryport Terminals pleaded guilty to one charge arising out of an incident on the 28 October 2011 involving an employee of a contractor working on site. On the 28 October 2011, Irish Ferries Limited t/a Dublin Ferryport Terminals failed to ensure that individuals at their place of work were not exposed to risks to their safety, health and welfare.

Contravention

Legislation

Verdict

Fine

Section 12 contrary to 77(2)(a)

Safety Health and Welfare at Work Act 2005

Guilty plea

€125,000

 

H.J. Heinz Manufacturing Ireland Limited                                                                         Summary

On the 14 July 2015, this case was heard in Dundalk District Court. H.J. Heinz Manufacturing Ireland Limited pleaded guilty to two charges arising from an incident on the 6 July 2012, where an employee fell from a height of approximately 20 feet through a fragile roof of an internal refrigeration unit.

Contravention

Legislation

Verdict

Fine

Section 8(2)(c)(1) contrary to 77(2)(a)

Safety Health and Welfare at Work Act 2005

Guilty plea

€2,500

Regulation 6(1)(b) contrary to Section 77(2)(c)

Safety Health and Welfare at Work Act 2005

Guilty plea

€2,000

 

Liebherr Container Cranes Limited, Fossa, Killarney, Co. Kerry                                                  Summary

On 1 September 2015 this case was heard in Killarney District Court. Liebherr Container Cranes Limited pleaded guilty to two charges. This case arose from an incident on the 27 August 2014 when an employee of Liebherr Container Cranes received serious injury when two 12 meter lengths of steel fell from a cantilever racking.            

Contravention

Legislation

Verdict

Fine

Section 8 (2) (a) contrary to Section 77(9)(a)

Safety Health and Welfare at Work Act 2005

Guilty plea

€1000

Section 8 (2) (e) Contrary to section 77(2)(a)

Safety Health and Welfare at Work Act 2005

Guilty plea

Taken into consideration

 

Finlay’s of Ardee Limited                                                                                                             On indictment

On the 23 October 2015, this case was heard in Dundalk Criminal Circuit Court. Finlay’s of Ardee pleaded guilty to three charges. On the 3 March 2014 a fire broke out in the Finishing Area of Finlay’s Coffin Manufacturing Facility. The investigation established that the employees were not provided with information, instruction and necessary training in the use of flammable materials while carrying out cleaning work, the safety statement was not brought to the attention of employees annually and an appropriate assessment of the explosive atmosphere was not carried out.

Contravention

 

Legislation

Verdict

Fine

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

Safety Health and Welfare at Work Act 2005

Guilty plea

€7,000

Section 20(3) contrary to Section 77(2)(a)

Safety Health and Welfare at Work Act 2005

Guilty plea

€7,000

Regulation 169(2) contrary to Section 77(2)(c)

Safety Health and Welfare at Work (General   Applications) Regulations 2007

Guilty plea

€7,000

 

University College Cork                                                                                                                On indictment

On the 19 November 2015, this case was heard in Cork Criminal Circuit Court. University College Cork pleaded guilty to two charges relating to failures to manage and conduct a work activity safely and to implement a safe system of work, as a consequence of which a person died. On the 5 March 2013 a general operative in the UCC maintenance department was fatally injured when acting as a banksman for the movement of a mobile elevated work platform (MEWP) across the college campus. A significant operator blind spot existed at the time that is characteristic of the MEWP and is noted in the User Manual, which was not available on site.

Contravention

 

Legislation

Verdict

Fine

Section 8(2)(a) contrary to Section 77(9)(a)

Safety Health and Welfare at Work Act 2005

Guilty plea

€40,000

Section 8(2)(e) contrary to Section 77(9)(a)

Safety Health and Welfare at Work Act 2005

Guilty plea

€40,000