Prosecutions 2012

Summary	Indictment
Cartrose Limited t/a Artane Windows	Derry White Skip Hire Ltd
Hilton Foods (Ireland) Ltd	Derry White (Director)
Ross Oil Company	Enterprise Managed Services Ltd
Tesco Ireland Ltd	Corden Pharma Ltd
Teagasc Animal & Grassland Research and Innovation Centre	Patrick Rooney (Sole Trader)
	Global Steel Manufacturing Ltd
	Braun Oral B Ireland Ltd (formerly Procter and Gamble (Manufacturing) Ireland Ltd)
	C & M Construction Limited
	Scafftex Systems Ltd
	Hodgins Architectural Facades Ltd
	J Harris Assemblers

Summarily

Cartrose Limited t/a Artane Windows

On the 18th of April 2012, this case was heard in Blanchardstown District Court. Cartrose Limited t/a Artane Windows pleaded guilty to two charges in relation to failing to provide a safe system of work and have a risk assessment in relation to the use by employees of a circular saw.

Contravention	Legislation	Verdict	Fine
Section 8(2)(e) contrary to Section 77(2)(a).	Safety Health and Welfare at Work Act 2005	Guilty plea entered	€1,000
Section 19 (1) contrary to Section 77(2)(a).	Safety Health and Welfare at Work Act 2005	Guilty plea entered	Taken into account

Hilton Foods (Ireland) Ltd

On the 12th of July 2012, sentencing was handed down in Drogheda District Court. Hilton Foods (Ireland) Limited pleaded guilty to two charges in relation to failing to provide a safe system of work and failing to improve access to a gantry from a conveyor belt.

Contravention	Legislation	Verdict	Fine
Section 8(1) as it relates to Section 8(2)(e) contrary to Section 77(2)(a)	Safety Health and Welfare at Work Act 2005	Guilty plea entered	€2,000
Section 19(4) contrary to Section 77(2)(a)	Safety Health and Welfare at Work Act 2005	Guilty plea entered	€2,000

Ross Oil Company

On the 11th of July 2012, sentencing was handed down in Macroom District Court. Ross Oil Company pleaded guilty to two charges. On the 24th of January 2011, an employee slipped and fell from the roof of a tanker he was loading and suffered injury.

Contravention	Legislation	Verdict	Fine
Section 8(1) as it relates to Section 8(2)(a) contrary to Section 77(9)(a)	Safety Health and Welfare at Work Act 2005	Guilty plea entered	€1,000
Regulation 103(2) contrary to Section 77(2)(c)	Safety Health and Welfare at Work (General Applications) Regulations 2007 Safety Health and Welfare at Work Act 2005	Guilty plea entered	Taken into account

Tesco Ireland Ltd

On the 26th of September 2012, sentencing was handed down in Navan District Court. Tesco Ireland Limited pleaded guilty to one charge in relation to failing to ensure that individuals not being their employees were not exposed to risks to their safety health and welfare.

Contravention	Legislation	Verdict	Fine	Probation Act
Section 12 contrary to Section 77(2)(a)	Safety Health and Welfare at Work Act 2005	Guilty plea entered	No fine €1,000 donation to Irish Society for the Prevention of Cruelty to Children.	18 months suspended custodial sentence 18 months suspended custodial sentence

Teagasc Animal & Grassland Research and Innovation Centre

On the 18th of December 2012, sentencing was handed down in in Navan District Court. Teagasc Animal & Grassland Research and Innovation Centre pleaded guilty to one charge in relation to failing to identify the hazards and assess the risks associated with the taking of blood samples from calves.

Contravention	Legislation	Verdict	Fine	Probation Act
Section 19(1) contrary to Section 77(2)(a)	Safety Health and Welfare at Work Act 2005	Guilty plea entered	N/A	Probation Act

On Indictment

Derry White Skip Hire Ltd

(See also Derry White (Director))

On the 7th of February 2012, this case was heard in Limerick Circuit Court. Derry White Skip Hire Ltd pleaded guilty to all charges. On the 23rd of June 2009 an employee of Derry White Skip Hire Ltd suffered a full amputation of his left arm when he came into contact with dangerous moving parts of a conveyor at a waste recycling facility.

Contravention	Legislation	Verdict	Fine
Section 8(1) as it relates to Section 8(2)( c)(iii) contrary to Section 77(9)(a)	Safety Health and Welfare at Work Act 2005	Guilty plea entered	€15,000
Section 8(1) as it relates to Section 8(2)( c)(iii) contrary to Section 77(2)(a)	Safety Health and Welfare at Work Act 2005	Guilty plea entered	Taken into account
Section 8(1) as it relates to Section 8(2)( e) contrary to Section 77(2)(a)	Safety Health and Welfare at Work Act 2005	Guilty plea entered	Taken into account
Section 8(1) as it relates to Section 8(2)( c)(ii) contrary to Section 77(2)(a)	Safety Health and Welfare at Work Act 2005	Guilty plea entered	Taken into account
Section 19(1) contrary to Section 77(2)(a)	Safety Health and Welfare at Work Act 2005	Guilty plea entered	Taken into account
Regulation 33(e) contrary to Section 77(2)(c) of the Safety Health and Welfare at Work Act 2005	Safety Health and Welfare at Work (General Applications) Regulations 2007	Guilty plea entered	Taken into account
Regulation 32(1)(n) contrary to Section 77(2)(c) of the Safety Health and Welfare at Work Act 2005	Safety Health and Welfare at Work (General Applications) Regulations 2007	Guilty plea entered	Taken into account
Regulation 32(1)(a) contrary to Section 77(2)(c) of the Safety Health and Welfare at Work Act 2005	Safety Health and Welfare at Work (General Applications) Regulations 2007	Guilty plea entered	Taken into account

Derry White (Director)

(See also Derry White Skip Hire Ltd)

On the 7th of February 2012, this case was heard in Limerick Circuit Court. Derry White pleaded guilty to all charges. On the 23rd of June 2009 an employee of Derry White Skip Hire Ltd suffered a full amputation of his left arm when he came into contact with dangerous moving parts of a conveyor at a waste recycling facility.

Contravention	Legislation	Verdict	Fine
Section 8(1) as it relates to Section 8(2)( c)(iii) contrary to Section 77(9)(a) and Section 80	Safety Health and Welfare at Work Act 2005	Guilty plea entered	€15,000
Section 8(1) as it relates to Section 8(2)( c)(iii) contrary to Section 77(2)(a)and Section 80	Safety Health and Welfare at Work Act 2005	Guilty plea entered	Taken into account
Section 8(1) as it relates to Section 8(2)( e) contrary to Section 77(2)(a) and Section 80	Safety Health and Welfare at Work Act 2005	Guilty plea entered	Taken into account
Section 8(1) as it relates to Section 8(2)( c)(ii) contrary to Section 77(2)(a) and Section 80	Safety Health and Welfare at Work Act 2005	Guilty plea entered	Taken into account
Section 19(1) contrary to Section 77(2)(a) and Section 80	Safety Health and Welfare at Work Act 2005	Guilty plea entered	Taken into account
Regulation 33(e) contrary to Section 77(2)(c) and Section 80 of the Safety Health and Welfare at Work Act 2005	Safety Health and Welfare at Work (General Applications) Regulations 2007	Guilty plea entered	Taken into account
Regulation 32(1)(n) contrary to Section 77(2)(c) and Section 80 of the Safety Health and Welfare at Work Act 2005	Safety Health and Welfare at Work (General Applications) Regulations 2007	Guilty plea entered	Taken into account
Regulation 32(1)(a) contrary to Section 77(2)(c) and Section 80 of the Safety Health and Welfare at Work Act 2005	Safety Health and Welfare at Work (General Applications) Regulations 2007	Guilty plea entered	Taken into account

Enterprise Managed Services Ltd

On the 12th of March 2012, this case was heard in the Central Criminal Court, Dublin. Enterprise Managed Services Ltd pleaded guilty to one charge. On the 29th of August 2007, two employees of Enterprise Managed Services Ltd suffered burn injuries when working on a live gas main on the Oscar Traynor Road, Dublin.

Contravention	Legislation	Verdict	Fine
Section 8(1) as it relates to Section 8(2)( a) contrary to Section 77(9)(a)	Safety Health and Welfare at Work Act 2005	Guilty plea entered	€40,000

Corden Pharma Ltd

On the 26th and 27th of April 2012, this case was heard in Cork Circuit Criminal Court. Corden Pharma Ltd pleaded guilty to four charges. On the 28th of April 2008 one employee was killed and another employee suffered serious injury as a result of a chemical explosion on the second floor of a production building at Little Island, Co. Cork.

Contravention	Legislation	Verdict	Fine
Section 8(1) as it relates to Section 8(2)(h) contrary to Section 77(9)(a)	Safety Health and Welfare at Work Act 2005	Guilty plea entered	€300,000
Section 8(1) as it relates to Section 8(2)(d) contrary to Section 77(9)(a)	Safety Health and Welfare at Work Act 2005	Guilty plea entered	Taken into account
Section 8(1) as it relates to Section 8(2)(j) contrary to Section 77(2)(a)	Safety Health and Welfare at Work Act 2005	Guilty plea entered	Taken into account
Section 8(1) as it relates to Section 8(2)( c)(iii) contrary to Section 77(2)(a)	Safety Health and Welfare at Work Act 2005	Guilty plea entered	Taken into account

Patrick Rooney (Sole Trader)

On the 24th of May 2012, in the Central Criminal Court, Parkgate Street, Dublin 7 this case was heard. Patrick Rooney (Sole Trader) pleaded guilty to two charges. On the 17th of July 2007, two employees fell from the roof of a grain shed at Sunnymeade, The Ward, Co. Dublin sustaining injuries.

Contravention

Legislation

Verdict

Fine

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

Safety Health and Welfare at Work Act 2005

Guilty plea entered

18 months suspended custodial sentence

Regulation 5(3) contrary to Section 77(9)(a) of the Safety Health and Welfare at Work Act 2005

Safety Health and Welfare at Work Act 2005

Safety Health and Welfare at Work (Construction)Regulations 2006

Guilty plea entered

18 months suspended custodial sentence

Global Steel Manufacturing Ltd

On the 18th of July 2012, sentencing was handed down in Gorey District Court. Global Steel Manufacturing Ltd pleaded guilty to one charge. On the 23rd of November 2010 an employee amputated the middle finger of her right hand when the glove she was wearing became entangled in a cutting blade.

Contravention	Legislation	Verdict	Fine
Section 8(1) as it relates to Section 8(2)(a) contrary to Section 77(9)(a)	Safety Health and Welfare at Work Act 2005	Guilty plea entered	€1,000

Braun Oral B Ireland Ltd (formerly Procter and Gamble (Manufacturing) Ireland Ltd)

On the 9th of October 2012, sentencing was handed down in Nenagh Circuit Court. Braun Oral B Ireland Ltd pleaded guilty to six charges in relation to failing to identify hazards and assess risks associated with the primary screener in the effluent treatment plant, failing to maintain and ensuring that plant and machinery was of robust construction and failing to ensure the safety health and welfare of its employees.

Contravention	Legislation	Verdict	Fine
Section 19(1) contrary to Section 77(2)(a)	Safety Health and Welfare at Work Act 2005	Guilty plea entered	€10,000
Section 8(1) as it relates to Section 8(2)(c)(iii) contrary to Section 77(2)(a)	Safety Health and Welfare at Work Act 2005	Guilty plea entered	Taken into account
Section 8(1) as it relates to Section 8(2)(a) contrary to Section 77(2)(a)	Safety Health and Welfare at Work Act 2005	Guilty plea entered	€5,000
Regulation 31(a) contrary to Section 77(2)(a)of the Safety Health and Welfare at Work Act 2005	Safety Health and Welfare at Work Act 2005 Safety Health and Welfare at Work (General Applications) Regulations 2007	Guilty plea entered	Taken into account
Regulation 31(c) contrary to Section 77(2)(a) of the Safety Health and Welfare at Work Act 2005	Safety Health and Welfare at Work Act 2005 Safety Health and Welfare at Work (General Applications) Regulations 2007	Guilty plea entered	Taken into account
Regulation 31(f)(i) contrary to Section 77(2)(a) of the Safety Health and Welfare at Work Act 2005	Safety Health and Welfare at Work Act 2005 Safety Health and Welfare at Work (General Applications) Regulations 2007	Guilty plea entered	Taken into account

C & M Construction Limited

On the 19th of October 2012, sentencing was handed down in the Courts of Criminal Justice, Parkgate Street, Dublin 7. C & M Construction Ltd pleaded guilty to one charge. C & M Construction Ltd failed to maintain a bulldozer in proper working order.

Contravention	Legislation	Verdict	Fine
Regulation 37(b) contrary to Section 77(2)(c) of the Safety Health and Welfare at Work Act 2005	Safety Health and Welfare at Work (Construction) Regulations 2006	Guilty Plea entered	€10,000

Scafftex Systems Ltd

On the 26th of October 2012, sentencing was handed down in Letterkenny Circuit Court. Scafftex Systems Ltd pleaded guilty to two charges. On the 23rd of May 2006, an employee of Scafftex Systems Ltd fell from scaffolding at the Colgan Hall Carndonagh Co Donegal and died at the scene as result of his injuries. The employees of Scafftex Systems Ltd were dismantling scaffolding at the time of the incident.

Contravention

Legislation

Verdict

Fine

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

Safety, Health & Welfare at Work Act, 2005

Guilty Plea entered

€3,000

Regulation 9(4) contrary to Section 77(2)(c) of the Safety Health and Welfare at Work Act 2005

Safety, Health & Welfare at Work Act, 2005

Safety Health and Welfare at Work (Construction)Regulations 2001

Guilty Plea entered

Taken into account

Hodgins Architectural Facades Ltd

On the 14th of November 2011, sentencing was handed down in Galway Circuit Court. Hodgins Architectural Facades Ltd pleaded guilty to one charge. Hodgins Architectural Facades Ltd was appointed PSCS for the removal and replacement of windows at Scoil Chuimsitheach Chiarain, Carraroe, Co. Galway. During this work the presence of asbestos panels behind the windows was discovered. Asbestos panels were not stored properly and as a result, the rear school yard became contaminated with asbestos debris.

Contravention	Legislation	Verdict	Fine
Section 12 contrary to Section 77(2)(a)	Safety, Health & Welfare at Work Act, 2005	Guilty Plea entered	€10,000

J Harris Assemblers

On the 20th of December 2012, sentencing was handed down in the Central Criminal Court, Parkgate Street, Dublin. J Harris Assemblers pleaded guilty to one charge. In August 2003, J Harris Assemblers bought a lorry and its attachments. J Harris Assemblers then sold the lorry and its attachments to another party. However, prior to the resale the machine was not adequately tested or examined by J Harris Assemblers.

Contravention	Legislation	Verdict	Fine
Section 10(1)(a)	Safety Health and Welfare at Work Act 1989	Guilty Plea entered	€20,000