Inisfallen Inns Ltd fined €50,000 following breaches of health and safety legislation
20th February 2023
Today, Monday 20th February, at Tralee Circuit Criminal Court, Judge Catherine Staines imposed a fine of €50,000 on Inisfallen Inns Limited following a guilty plea to breaches of the Safety, Health and Welfare at Work Act 2005.
The case arose following an incident that occurred in July 2017 at a premises then known as Mustang Sallys Niteclub, Killarney Co. Kerry. A person, not an employee of the defendant, was carrying out work at the premises. He opened a door in an unlit room, this door was an access door to a lift shaft. However, there was no lift car present and he fell down the lift shaft. The investigation determined that there was no interlocking devices preventing the opening of the doors to the lift shaft when the lift car was not present. It further determined that the employee of the defendant who operated the lift was exposed to a risk of electric shock and/or electrocution.
The company pleaded guilty to Section 8(2)(a) of the Safety, Health and Welfare at Work Act 2005 contrary to Section 77(2)(a) of the Safety, Health and Welfare at Work Act, 2005 in respect of exposing the employee to the risk of electric shock and/or electrocution. The defendant also pleaded guilty to contravening regulation 46(2)(b) of the Safety, Health and Welfare at Work (General Application ) Regulations 2007 contrary to Section 77(2)(a) of the Safety, Health and Welfare at Work Act, 2005 by failing to ensure that the doors of the lift could not be opened when the lift car was not present.
Mark Cullen, Interim CEO, HSA said “Employers have a duty to ensure that workers are protected from any potential hazards that arise in their workplace. Failure to do so in this case has regrettably led to a serious incident. Employers and duty holders should carry out risk assessments and make sure the required safety precautions and appropriate control measures are in place to protect workers.”
Submission completed, thank you!