West Meath company fined €125,000 after incident involving worker falling from height

Wednesday 20th November

On the Wednesday 20th November in Mullingar District Court Shay Murtagh Precast Ltd, their Managing Director and Health and Safety Manager each pleaded guilty to breaches of charges under Health and Safety legislation.

A fine of €125,000 was handed down by Judge Keenan Johnson. Costs of approximately €6,000 are also to be paid. The probation act was applied to both Ciaran Murtagh and David Whyte due to breaches under Health and Safety legislation as follows;

Shay Murtagh Precast Ltd

• Section 8(2)(e) Contrary to Section 77(9) of the Safety, Health and Welfare at Work Act 2005.
• Regulation 6(1) (b) of the Safety, Health and Welfare at Work (Construction) Regulations, 2013 Contrary to Section 77(2)(c) of the Safety, Health and Welfare at Work Act 2005.

Managing Director – Mr Ciaran Murtagh

• Section 8(2) (e) Contrary to Section 77(9) and Section 80 of the Safety, Health and Welfare at Work Act 2005.

Health and Safety Manager - Mr David Whyte

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

Background to the Incident

Shay Murtagh Precast Ltd of Killucan, Co. Westmeath were in the process of upgrading the electrical installation to the plant in their manufacturing facility. Two employees were installing new electrical cables across the top of a roof of a maintenance shed when at approx. 09:30 hrs on the 12th of May 2022, an employee stepped on and fell through a fragile roof light.

An employee of Shay Murtagh Precast Ltd survived but suffered serious injuries after stepping onto a fragile roof light, which was partially camouflaged by dust and debris, and fell over 7 meters to the concrete floor below.

Shay Murtagh Precast Ltd and their management team failed to take adequate precautions and to ensure that a safe system of work was in place to prevent persons working on a roof from being exposed to inadequate edge protection and fragile roof lights.

Mark Cullen, Assistant Chief Executive, HSA, said:

“It is essential that employers manage and conduct work activities being carried out at the place of work to ensure the safety, health and welfare of all employees. We urge employers and their workers to think about the task you’re asking others to carry out, or that you are about to undertake, and to conduct an appropriate risk assessment before starting the work. This is particularly important for work activities at height, where there is increased potential for serious injury. Work at height can be performed safely when there is a risk assessment completed, and where appropriate work equipment is chosen. Persons should only be lifted to height by equipment which has been specifically designed for that purpose”.

ENDS