Prosecutions 2013

Summarily

Milne Foods Ltd

On 18 February 2013, this case was heard in Birr District Court, Co. Offaly. Milne Foods Ltd pleaded guilty to two charges. On 9 January 2012, an employee of Milne Foods Ltd suffered injury when her arm was caught in a conveyor tail drum, suffering a broken bone in her right arm. Milne Foods Ltd failed to ensure that the inspecting and processing of vegetables and the cleaning of the production line was safe.

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Bernard Kavanagh and Sons Ltd

On 19 February 2013, this case was heard in Thurles District Court, Co. Tipperary. Bernard Kavanagh and Sons Ltd pleaded guilty to one charge. On 22 November 2011, at Bridge Garage, Main Street, Urlingford, Co. Kilkenny, Bernard Kavanagh and Sons Ltd failed to identify the hazard of working on the air-suspension systems of vehicles, assess the risks presented by this hazard and be in possession of a risk assessment for such a risk.

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Henkel Ireland Limited

On 25 March 2013, this case was heard in District Court No. 8, The Four Courts, Dublin 7. This case arose from a Dangerous Occurrence notified on 24 November 2011, where it was determined that the exhaust ventilation system for the company was ineffective, badly designed and poorly maintained, leading to chronic employee exposure to hazardous chemical agents. The company pleaded guilty to one charge.

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Timothy Supple

On 17 April 2013, this case was heard in District Court, Bandon, Co. Cork. On 8 March 2012, an employee fell from a height of 5.4 metres when carrying out construction work and died from his injuries at the scene.

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Dermot Fullam

On 27 May 2013, this case was heard in District Court 8, Four Courts, Dublin. Dermot Fullam pleaded guilty to four charges. On 25 February 2011, at 74–76 Bannow Road, Cabra, Dublin 7, Dermot Fullam failed to ensure that workers on a construction site were in possession of appropriate construction skills registration cards and safety awareness cards. Dermot Fullam failed to put measures in place to prevent persons from falling from a height, resulting in an employee of Dermot Fullam suffering personal injury. An appeal of the severity of sentencing was heard on 10 October 2013 in Dublin Circuit Court and the total fines were reduced from €10,000 to €7,500.

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Iverk Produce Limited

On 17 October 2013, this case was heard in Carrick-on-Suir District Court, Waterford. This case arose as a result of an investigation into an incident on 5 June 2012, where an employee received serious hand injury as a result of contact with machinery.

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On Indictment

Ballyhaunis Plant Hire Ltd

On 8 February 2013, this case was heard in Castlebar Circuit Court, Co. Mayo. Ballyhaunis Plant Hire Ltd was found guilty on one charge. On 27 August 2010, at Abbeyquarter, Ballyhaunis, Co. Mayo, Ballyhaunis Plant Hire Ltd supplied for use at work a Nifty Lift cherry picker without providing adequate information about the Nifty Lift cherry picker.

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Grange Construction and Roofing Ltd

On 14 March 2013, this case was heard in Dublin Circuit Court. Grange Construction and Roofing Ltd pleaded guilty to one charge. On 13 August 2008, Grange Construction and Roofing Ltd failed to provide safe egress and fall protection or fall-prevention measures for work conducted at height and failed to provide measures to protect against falling through roof lights at a construction site at Jamestown Business Park, Finglas, Dublin 11, resulting in an individual who was not an employee of Grange Construction and Roofing Ltd falling through a glass roof light and sustaining serious injuries.

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Health Service Executive

On the 27th of June 2013, this case was heard in Dublin Circuit Court. The Health Service Executive pleaded guilty to two charges. On 3 June 2010, at Stradone, Co. Cavan, the Health Service Executive failed to have a written risk assessment and failed to provide information, instruction and training to their employees in relation to the use by their employees of rear-hinged side doors on ambulances.

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Arkil Ltd

On 27 June 2013, this case was heard in Tralee Circuit Court. Arkil Ltd pleaded guilty to two charges. On 27 October 2009 at a quarry in Graigue, Lispole, Co. Kerry, an employee of Arkil Ltd was fatally injured when the loading shovel he was reversing over-ran the unguarded edge of a pond and fell in. The employee was trapped in the cab of the loading shovel and drowned.

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Kieran Burke t/a Offshore Surf School

On 28 June 2013, this case was heard in Tralee Circuit Court. Kieran Burke t/a Offshore Surf School pleaded guilty to one charge. On 2 July 2011, at Inch Strand, Inch, Co. Kerry, a member of the public suffered fatal injuries when she was struck by a reversing vehicle driven by an employee of Kieran Burke t/a Offshore Surf School.

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Michael Cullen

This case was was heard in Wexford Circuit Court between 7­–10 May 2013. Michael Cullen was found guilty of one charge. On 9 November 2006, at a construction site in Hookless Village, Hookless, County Wexford, Michael Cullen placed at risk the safety health and welfare of persons in connection with the installation of fascia and soffits under or near live electrical power lines.

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Gibbons Civil Engineering Ltd

On 1 July 2013, this case was heard in Dublin Circuit Court. Gibbons Civil Engineering Ltd pleaded guilty to one charge. On 20 November 2009, at Barnhill Bridge, Lucan to Clonee Road, Co. Dublin, Gibbons Civil Engineering Ltd failed to manage and conduct its work activities, in particular the operation of an excavator, in such a way as to ensure the safety of its employees, resulting in an employee being fatally injured when an excavation collapsed on him.

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Wicklow County Council

On 9 June 2013, this case commenced at hearing in Dublin Circuit Court. On 20 June 2013, Wicklow County Council pleaded guilty to three charges. Between 1 September 2005 and 26 September 2007 in the County of Wicklow, Wicklow County Council failed to ensure, so far as was reasonably practicable, the safety, health and welfare at work of employees and failed to review the safety statement relating to the work of Bray Fire Brigade. Sentence was imposed on Wicklow County Council on 25 October 2013.

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Tesco Ireland Ltd

On 11 October 2013 this case was heard in Monaghan Circuit Court. Tesco Ireland Ltd pleaded guilty to one charge. On 12 May 2011 at the Tesco Ireland Ltd Store in Dawson Street, Monaghan, Co. Monaghan, Tesco Ireland Ltd failed to ensure the means of access to and egress from the place of work was safe and without risk to health.

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Drummonds Ltd

On 25 October 2013, this case was heard in Dundalk Circuit Court. Drummonds Ltd pleaded guilty to one charge. On 9 August 2009 at Knockbridge, Co. Louth, two employees of Drummonds Ltd were fatally injured in a grain elevator pit. Drummonds Ltd failed to provide a system of work in relation to working in an elevator pit that was planned, organised, performed, maintained or revised, as appropriate, so as to be, insofar as was reasonably practicable, safe and without risk to health.

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Ferry's Refuse Collection Ltd

On 29 October 2013, the case was heard in Letterkenny Circuit Court. Ferry’s Refuse Collection Ltd pleaded guilty to one charge. On 16 February 2010 at Ballymacool, Letterkenny, Co. Donegal, Ferry’s Refuse Collection Ltd failed to identify hazards, assess risks or be in possession of a written risk assessment for persons other than employees.

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Henry Good Limited

On 19 December 2013, this case was heard in Kinsale District Court, Kinsale, Co. Cork. Henry Good Limited pleaded guilty to one charge. On 2 September 2011, at Waterlands, Kinsale, Co. Cork, Henry Good Limited failed to ensure that a loading shovel vehicle was maintained in such a way as to reduce the risks to persons at the place of work.

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Michael Collins

On 7 November 2013, this case was heard in Cork Circuit Court. Michael Collins pleaded guilty to one charge. On 24 September 2012, Michael Collins bypassed the residual current device in the electrical circuit at premises at Fahanalooscane, Ballinhassig, Co. Cork.

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