Prosecutions 2009

Summarily

Roadstone Provinces Limited
This case was heard at Waterford District Court on the 3 of April 2009. Roadstone Provinces Limited pleaded guilty to two charges. This case arose as a result of an accident occurring on the11 of September 2007. While carrying out electrical installation work in the electrical plant room of the bitumen plant a flashover occurred at a live open electrical panel resulting in burns injuries to the plant operator and resident electrician.

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Mr. Edward Phelan (t/a EJP Concrete Structures)
This case was heard on 17 April 2009 in Portlaoise District Court. Mr. Phelan pleaded guilty to three charges. On the 27 November 2007, Mr. Phelan was operating a telescopic handler and was in the process of loading slates during a re-roofing project of a single storey bungalow. While reversing back up the drive, he drove onto the injured party causing serious injuries.

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The final date of hearing was 22 April 2009 in Navan District Court, Meath. Laurence McLoughlin Limited pleaded guilty. This case arose from contraventions observed on two sites in Mullaghboy Industrial Estate, Navan, Co. Meath on 29 January 2008 and 5 February 2008. Laurence McLoughlin Limited was the Project Supervisor Construction Stage on both sites and Liam McLoughlin (Managing Director of Laurence McLoughlin Limited) and Conaty Steel Buildings Limited were the Clients on both sites.

See also Liam McLoughlin (Managing Director) and Conaty Steel Buildings Limited

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>The final date of hearing was 22 April 2009 in Navan District Court, Meath. Mr. Liam McLoughlin pleaded guilty. This case arose from contraventions observed on two sites in Mullaghboy Industrial Estate, Navan, Co. Meath on 29 January 2008 and 5 February 2008. Laurence McLoughlin Limited was the Project Supervisor Construction Stage on both sites and Mr. Liam McLoughlin (Managing Director of Laurence McLoughlin Limited) and Conaty Steel Buildings Ltd were the Clients on both sites.

See also Liam McLoughlin (Managing Director) and Conaty Steel Buildings Limited

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The final date of hearing was 22 April 2009 in Navan District Court, Meath. Conaty Steel Buildings Limited pleaded guilty. This case arose from contraventions observed on two sites in Mullaghboy Industrial Estate, Navan, Co. Meath on 29 January 2008 and 5 February 2008. Laurence McLoughlin Limited was the Project Supervisor Construction Stage on both sites and Liam McLoughlin (Managing Director of Laurence McLoughlin Limited) and Conaty Steel Buildings Limited were the Clients on both sites.

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This case was heard in Clonmel District Court, Tipperary on the 23 June 2009. Mr. Barry Walsh pleaded guilty to two charges. This case arose as a result of an accident on February 12 2008 when the injured party's clothing became entangled in the PTO shaft at the point it connected to the machine, drawing the arm onto the shaft. There was no 'O' guard fitted on the machine. The injured party sustained injuries to his right arm which necessitated the amputation of the
arm above the elbow.

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The case was heard on the 26 June 2009 at the District Court, Fermoy, Co. Cork. Glennon Bros (Cork) Limited were found guilty on two counts. This case arose as the result of an accident to an employee of Glennon Bros (Cork) Limited who received three lacerations to his right foot when a chain conveyor on which he stood started up unexpectedly. Initially the employee stopped the chain conveyor using the normal controls available. He then walked onto the chain
conveyor through a gate that was not interlocked. A short time later the chain conveyor started up and caught his right foot, resulting in three deep lacerations.

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This case was heard on 8 July 2009 in Court 49, Dolphin House, Essex Street, Dublin. Iarnrod Éireann - Irish Rail pleaded guilty to three charges. This case arose as a result of an accident on the 10 March 2008. An employee suffered partial amputation of two fingers when they got caught in a shelving unit whilst trying to bring a moving locomotive to a halt in a maintenance shed at Inchicore.

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On the 10 September 2009 in Cashel District Court, Co. Tipperary, Albion Drilling Services Limited pleaded guilty to one charge. This case arose out of a dangerous occurrence on 15 June 2007, in which surplus explosives that were being burnt exploded after the all clear was given and personnel had returned to the working area.

See also Mr. Pat Carroll

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On the 10 September 2009 in Cashel District Court, Co. Tipperary, Mr. Pat Carroll pleaded guilty to one charge.
This case arose out of a dangerous occurrence on 15 June 2007, in which surplus explosives that were being burnt exploded after the all clear was given and personnel had returned to the working area.

See also Albion Drilling Services 1 Limited

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On the 10 September 2009 in Cashel District Court, Co. Tipperary, Albion Drilling Services
Limited pleaded guilty to one charge. This case arose out of a blast taken at Ballytarsna, Cashel
on the 17 August 2007 when a resident near the blast site was allowed to stay in the house
when the house was within the danger zone specified and some rock scatter resulted within the
danger zone impinging on the property.

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Grade Developments Limited
On the 17 September 2009 in Mullingar District Court, Grade Developments Limited pleaded guilty to four charges. This case arose when four children entered the building site (10 houses) of Grade Developments Limited at Dublin Road, Mullingar, Co. Westmeath on the 20 April 2008. Major construction activity at the site ceased in November 2007 and the children entered the site on a Sunday evening at an unfenced section of the perimeter. One of the children climbed the scaffold of one of the unfinished houses and fell receiving a closed head injury.

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Corden Pharma Limited (1)
On the 16 September 2009 in Cork District Court, Corden Pharma Limited pleaded guilty to one charge. This case arose on the morning of 2 March 2008. The dangerous occurrence happened when a 200 litre steel drum containing both magnesium metal catalyst and tetrahydrofuran solvent, underwent a catastrophic failure as a result of extensive pressure build-up within the drum. The drum was stored on the upper level of racking in a warehouse at the time of the over-pressurisation event. As a result there was significant damage to the roof of the warehouse and the racking, as well as damage to other drums of material classified as toxic and flammable.

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Corden Pharma Limited (2)
On the 16 September 2009 at Cork District Court, Corden Pharma Limited pleaded guilty to two charges. This case arose on 7 March h 2008. The dangerous occurrence happened when a process vessel containing toxic aqueous cyanide waste was involved in an explosion at Corden Pharma Limited, Little Island, Co. Cork. Corden Pharma Limited were neutralising the waste when a flammable vapour atmosphere was created above the liquid level in the vessel, which subsequently ignited. The damage arising from the incident included damage to the vessel glass lining, agitator motor, temperature and level transmitters and disintegration of the vessel vent line. Aqueous cyanide liquid was leaking from the damaged flange around the bottom outlet valve into the bund underneath.

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On Indictment

Winthrop Engineering Limited
On the 20 February 2009 Winthrop Engineering Ltd pleaded guilty in Clonmel Circuit Court to two charges. This case arose when an employee on the 27 June 2005 in the process of carrying out some welding works to facilitate floor repair works in the plant of Clonmel General Hospital came in contact with an electrical current.

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Gleeson Quarries Limited
The above case was heard in Clonmel Circuit Criminal Court on the 20 February 2009. On the 7 June 2005 a fatality occurred at Gleeson's Quarry, Laffansbridge in Co. Tipperary. This case arose when the deceased was working an automatic block-making machine. He got entangled in moving parts of the machine, receiving fatal injuries. Gleeson Quarries Limited pleaded guilty to two charges.

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J R Perry Limited
JR Perry Limited pleaded guilty on 18 of November 2008 and was sentenced on 5 March 2009 in Naas Circuit Court. This case arose as the result of an accident when a 17 year old was assisting a mechanic to assemble a corn drill for sale. The cultivator of the corn drill fell on the injured party, causing severe spinal injuries.

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G & T Crampton Limited
This case was heard on the 24 of April 2007 in Dublin Circuit Court. G & T Crampton Limited pleaded guilty to one charge. This case arose when an employee of Valleyside Construction Limited was killed when a number of precast concrete stairs and precast landings collapsed on him. Two other employees of Valleyside Construction Limited standing on the landing that collapsed were also injured.

See also Reade Engineering Service Limited

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Reade Engineering Services Limited

This case was heard on the 10 of October 2007 in Dublin Circuit Court. Reade Engineering Services Limited pleaded guilty to one charge. This case arose when an employee of Valleyside Construction Limited was killed when a number of precast concrete stairs and precast landings collapsed on him. Two other employees of Valleyside Construction Limited standing on the landing that collapsed were also injured.

See also G & T Crampton Limited

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JRD Developments Limited
The final date of hearing was 21 of April 2009 in Portlaoise Circuit Court, Laois. JRD Developments Limited pleaded guilty to one charge. This case arose as a result of the fatal electrocution of an employee of Booth Precast Products Limited. Booth Precast Products Limited were installing precast concrete floor slabs on a construction site at Cluaininn, Portlaoise Rd., Mountrath, Co. Laois when it appears that electricity 'arced' from a 3 phase 10kVA which was in the vicinity of where the crane was lifting the concrete slabs into place. JRD Developments Limited was the Project Supervisor Construction Stage on site and had subcontracted in Booth Precast Products Limited to supply and install the precast concrete floor slabs.

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Pierse Contracting Limited
The case in relation to Pierse Contracting Limited was heard on 27 April 2009. Pierse Contracting Limited pleaded guilty to three charges. This case arose as the result of Pierse Contracting Limited constructing a new development off Charlotte Quay, Dublin. On 14 March 2005 a fatal accident occurred owing to a falling object.

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Denis Tarrant & Sons Limited
On the 6 November 2009 at Clonmel Circuit Court, Tipperary, Denis Tarrant & Sons Limited pleaded guilty to one charge. This case arose as a result of a flyrock incident on the 10 January 2006 at the quarry of Denis Tarrant & Sons Limited, Kilfeacle, Co. Tipperary. The rock travelled over 300m and caused widespread damage to quarry plant, private cars and buildings within the quarry complex. Three people were also injured. Denis Tarrant & Sons Ltd failed to make
shotfiring rules.

See also Mr. William Tarrant, Irish Industrial Explosives Limited and Mr. Manus Carroll

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Mr. William Tarrant
On the 6 November 2009 at Clonmel Circuit Court, Tipperary, William Tarrant pleaded guilty to one charge.
This case arose as a result of a flyrock incident on the 10 January 2006 at the quarry of Denis Tarrant & Sons Limited, Kilfeacle, Co. Tipperary. The rock travelled over 300m and caused widespread damage to quarry plant, private cars and buildings within the quarry complex. Three people were also injured. William Tarrant failed to make shotfiring rules.

See also Denis Tarrant & Sons Limited, Irish Industrial Explosives Limited and Mr. Manus Carroll

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Irish Industrial Explosives Limited
On the 19 May 2009 at Tipperary District Court, Tipperary, Irish Industrial Explosives Limited was dealt with summarily on a plea of guilty to one charge. This case arose as a result of a flyrock incident on the 10 January 2006 at the quarry of Denis Tarrant & Sons Limited, Kilfeacle, Co.Tipperary. The rock travelled over 300m and caused widespread damage to quarry plant, private cars and buildings within the quarry complex. Three people were also injured. Irish Industrial
Explosives Limited did not have adequate risk assessment carried out in relation to the prevention of fly rock.

See also Denis Tarrant & Sons Limited, Mr. William Tarrant and Mr. Manus Carroll

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Mr. Manus Carroll
The final date of hearing was on the 6 November 2009 at Clonmel Circuit Court, Tipperary. Mr. Manus Carroll pleaded guilty to one charge. This case arose as a result of a flyrock incident on the 10 January 2006 at the quarry of Denis Tarrant & Sons Limited, Kilfeacle, Co. Tipperary. The rock travelled over 300m and caused widespread damage to quarry plant, private cars and buildings within the quarry complex. Three people were also injured. Mr. Manus Carroll did not take reasonable care to protect persons in the danger area.

See also Denis Tarrant & Sons Limited, Mr. William Tarrant and Irish Industrial Explosives Limited

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Keating & Doyle Limited
On the 29 October 2009 at Wexford Circuit Court, Wexford Town, Keating & Doyle Limited pleaded guilty to three charges. This case arose when a Polish construction worker suffered fatal injuries when the metal handle of a bullfloat he was using to level concrete came in contact with a 10kVA overhead power line on a construction site. The incident occurred on the premises of Murray Waste Recycling Limited., Coolatore, Ferns, Co. Wexford on Monday 23 April 2007.
The employee was employed by Keating & Doyle Ltd., Donard, Clonroche, Co. Wexford as a general labourer/concrete finisher. Keating & Doyle Limited were contracted by Murray Waste Recycling Limited to lay down a concrete entrance and driveway, at their Waste Recycling facility at Coolatore, Ferns, Co. Wexford.

See also Murray Waste Recycling Limited

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Murray Waste Recycling Limited
On the 4 November 2009 at Wexford Circuit Court, Wexford Town, Murray Waste Recycling Limited pleaded guilty to one charge. This case arose when a Polish construction worker suffered fatal injuries while the metal handle of a bullfloat he was using to level concrete came in contact with a 10kVA overhead power line on a construction site. The incident occurred on the premises of Murray Waste Recycling Limited., Coolatore, Ferns, Co. Wexford on Monday 23 April 2007. The employee was employed by Keating & Doyle Limited, Donard, Clonroche, Co.Wexford as a general labourer/concrete finisher and had worked for the company since April 2005. Keating & Doyle Limited were contracted by Murray Waste Recycling Limited to lay down a concrete entrance and driveway, at their Waste Recycling facility at Coolatore, Ferns, Co. Wexford

See also Keating & Doyle Limited

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Mr. Daniel Lynch
On the 10 -13 November 2009 at Portlaoise Circuit Court, Co. Laois, Mr. Daniel Lynch pleaded guilty to one charge and the judge gave a sentence of a three month custodial sentence suspended for two years. This case arose as a result of a construction worker suffering fatal injuries while at work, when the bucket of an excavator became detached and fell on him. The employee was part of a four man team who were pouring concrete in the foundations. The excavator was being driven by Mr. Daniel Lynch.

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Walls Construction Limited
On the 4 December 2009 at Naas Circuit Court, Co. Kildare, Walls Construction Limited pleaded guilty to one charge. This case arose on the 5 March 2007 when an employee was in the process of placing 2.5 tonne Counterweight Ballast onto a flatback truck for transportation to a construction site. The employee was using a forklift truck to lift the weights. He received a foot amputation and following complications he received a below the knee amputation.

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Mr. Sean Doyle (Director)
On the 9 December 2009 at Circuit Court, Roscommon, Sean Doyle as director of Owencrest Properties Limited pleaded guilty to two charges. On the 14 of April 2006 a Polish national was cleaning the façade of two buildings on Main Street, Roscommon when he fell from a work platform which was operating at a height between 6 to 10 feet. He hit his head off the roadside kerb and incurred serious head injuries which resulted in his death. He was completing this work from a man-cage work platform which was resting on the forks of a 535/140 series Teleporter machine. The teleporter was being operated by and under the control of a Mr. Sean Doyle. Owencrest Properties Limited was the employer of the employee. The man-cage work platform was owned by Roscommon Building Company Limited. The man-cage work platform was
manufactured by an employee of Sean Doyle and Sons (Roscommon) Limited.

See also Roscommon Building Company Limited and Owencrest Properties Limited

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Roscommon Building Company Limited
On the 9 December 2009 at Circuit Court, Roscommon, Roscommon Building Company Limited pleaded guilty to two charges. On the 14 of April 2006 a Polish national was cleaning the façade of two buildings on Main Street, Roscommon when he fell from a work platform which was operating at a height between 6 to 10 feet. He hit his head off the roadside kerb and incurred serious head injuries which resulted in his death. He was completing this work from a man-cage work platform which was resting on the forks of a 535/140 series Teleporter machine. The teleporter was being operated by and under the control of a Mr. Sean Doyle. Owencrest Properties Limited was the employer of the employee. The man-cage work platform was owned by Roscommon Building Company Limited. The man-cage work platform was manufactured by an employee of Sean Doyle and Sons (Roscommon) Limited.

See also Mr. Sean Doyle (Director) and Owencrest Properties Limited

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On the 9 December 2009 at Circuit Court, Roscommon, Owencrest Properties Limited pleaded guilty to two charges. On the 14 April 2006 a Polish national was cleaning the façade of two buildings on Main Street, Roscommon when he fell from a work platform which was operating at a height between 6 to 10 feet. He hit his head off the roadside kerb and incurred serious head injuries which resulted in his death. He was completing this work from a man-cage work platform which was resting on the forks of a 535/140 series Teleporter machine. The teleporter was being operated by and under the control of a Mr. Sean Doyle. Owencrest Properties Limited was the employer of the employee. The man-cage work platform
was owned by Roscommon Building Company Limited. The man-cage work platform was manufactured by an employee of Sean Doyle and Sons (Roscommon) Limited.

See also Mr. Sean Doyle (Director) and Roscommon Building Company Limited

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Mr. Gerard Flynn
On the 3 May 2007 Mr. Gerard Flynn pleaded guilty to one charge. This case arose on the 17 June 2004. A truck driver employed by Mr. Gerard Flynn was fatally injured when a reversing cement delivery truck struck him. The accident occurred on the N4/N6 motorway project under construction. Westroute JV - a joint venture between SIAC Construction Limited and Ferrovial Agroman Limited operated this construction project.

See also Ferrovial Agroman Limited

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On the 4 of December 2009, Ferrovial Agroman Limited pleaded guilty to one charge. This case arose on the 17 of June 2004. A truck driver employed by Mr. Gerard Flynn was fatally injured when a reversing cement delivery truck struck him. The accident occurred on the N4/N6 motorway project under construction. Westroute JV - a joint venture between SIAC
Construction Limited and Ferrovial Agroman Limited operated this construction project.

See also Mr. Gerard Flynn

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