Healthy,
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On Indictment

Ascon Ltd -On Indictment                                                                      
Ascon Ltd. was fined a total of €25,000 in Cork Circuit Criminal Court on the 21st February 2006 having pleaded guilty to the following charges:

  • Regulation 4 (1) (b) of the Safety, Health and Welfare at Work (Construction) Regulations, 2001;
  • Regulation 20 (3) of the Safety, Health and Welfare at Work (Construction) Regulations, 2001.

This trial arose out of the collapse of three large precast concrete beams during the construction of a bridge on the Youghal Bypass Construction Project in Co Cork on 19 March 2002. Three employees sustained injury.

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Ascon Ltd -On Indictment – Appeal against Conviction                                             

The above Appeal was brought by Ascon Ltd. in Dublin Criminal Court of Appeal on the 10th November 2006. 

On hearing the Appeal the Judge confirmed the conviction on the following charge:

  • Regulation 53 (2) of the Safety Health of Welfare at Work (General Application) Regulation, 1993.

This original trial arose following an accident on the South Eastern Motorway site at Sandyford on the 6th of December 2002 in which a man received serious injuries when he came into indirect contact with a 10,000 volt overhead line.

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Bruscar Bhearna Teo trading as Barna Waste -On Indictment
Bruscar Bhearna Teo trading as Barna Waste was fined a total of €80,000 in Galway Circuit Criminal Court on the 7th March 2006 having pleaded guilty to the following charges:

  • Regulation 28 (d) of the Safety, Health and Welfare at Work (General Application) (Amendment) Regulations, 2001;
  • Regulation 29 of the Safety, Health and Welfare at Work (General Application) (Amendment) Regulations, 2001;  
  • Regulation 30 of the Safety, Health and Welfare at Work (General Application) (Amendment) Regulations, 2001;
  • Regulation 31 of the Safety, Health and Welfare at Work (General Application) (Amendment) Regulations, 2001.

The trial arose following a fatal accident to an employee at a waste transfer station in the waste management company.  The employee was found adjacent to a reversing vehicle.

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Joseph Byrne -On Indictment
Mr. Joseph Byrne, Site Manager for Cormac Building Contractors Limited received a three year suspended prison sentence in Dublin Circuit Criminal Court on the 23rd November 2006 having being found guilty of the following charge;

  • Section 13 of the Non Fatal Offences Against the Person Act, 1997.

Judge Teehan also ordered that €10,000 in compensation be placed in a trust fund for the deceased daughter

This trial arose following a fatal accident to an employee of Kildownet Utilities Ltd. which occurred at Diamond Valley Apartment Development at Dargle Road, Bray on 19th of February 2003. A truck mounted 30 metre concrete pump, owned and operated by Kildownet Utilities Ltd. was set up and used to pump concrete into a basement area. The deceased was standing at the end of the pump placing concrete when a section of the pump came into contact with one of the sets of 10,000 volt overhead power lines which crossed the site.

See also Kildownet Utilities Ltd, Cormac Building Contractors Ltd., Brian Molloy

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Paul Byrne t/a P. Byrne Scaffolding Services -On Indictment
Paul Byrne t/a P. Byrne Scaffolding Services was fined a total of €10,000 in Dublin Circuit Criminal Court on the 9th March 2006 having pleaded guilty to the following charges:

  • Section 6 (2) (d) of the Safety, Health and Welfare at Work Act, 1989;
  • Section 7 (2) of the Safety, Health and Welfare at Work Act, 1989.

The trial arose as a result of a scaffold collapse while it was being dismantled on Grafton street, Dublin which occurred on the 27th of March 2003 with injuries being sustained by a member of the public.

See also Derek Daly

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Martin Casey trading as JMC Engineering - On Indictment
Martin Casey trading as JMC Engineering was fined a total of €25,000 in Dundalk Circuit Court on the 15th June 2006 having pleaded guilty to the following charges:

  • Section 6 (2) (d) of the Safety Health and Welfare at Work Act, 1989;
  • Regulation 12 of the Safety Health and Welfare at Work (Construction) Regulations, 2001;
  • Regulation 5 (b) of the Safety Health and Welfare at Work (General Application) Regulations, 1993.

This trial arose following a serious accident to an employee of Martin Casey trading as JMC Engineering at a block plant at Gallstown quarry in Dunleer Co Louth run by Kilsaran Concrete Ltd. on the 11th November 2002. The employee was removing trays from the idle rollers underneath a conveyor when he fell off a pallet attached to the forks of a teleporter that he was standing on.

See also Kilsaran Concrete Ltd.

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Cork Plastics (Manufacturing) -On Indictment
Cork Plastics (Manufacturing) was fined a total of €6,000 in Cork Circuit Criminal Court on the 25th October 2006 having entered a plea of guilty to the following charges:

  • Section 23 (1) of the Factories Act, 1955;
  • Section 6(2) (c) of the Safety Health and Welfare at Work Act, 1989;
  • Regulation 10 (a) of the Safety Health and Welfare at Work (General Application) Regulations, 1993.

This trial arose following an accident to an employee of the company on the 24th April 2005. The employee’s arm was severely crushed while investigating a malfunction of a machine. At the time of the accident the electro-mechanical guarding arrangement, guarding the dangerous parts of the machine were not operational because the safety switches, activated by opening and closing of the guards, were by-passed.

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Cormac Building Contractors Ltd -On Indictment
Cormac Building Contractors Ltd. was fined a total of €150,000 in Dublin Circuit Criminal Court on the 23rd November 2006 having pleaded guilty to the following charge:

  • Section 7 of the Safety, Health and Welfare at Work Act, 1989.

This trial arose following a fatal accident to an employee of Kildownet Utilities Ltd. which occurred at Diamond Valley Apartment Development at Dargle Road, Bray on 19th of February 2003. A truck mounted 30 metre concrete pump, owned and operated by Kildownet Utilities Ltd. was set up and used to pump concrete into a basement area. The deceased was standing at the end of the pump placing concrete when a section of the Pump came into contact with one of the sets of 10,000 volt overhead power lines which crossed the site.

See also Kildownet Utilities Ltd, Brian Molloy, Joseph Byrne

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Frank Connaghan -On Indictment
Frank Connaghan was fined a total of €5,000 in Letterkenny Circuit Court on the 11th July 2006 having pleaded guilty to the following charges:

  • Section 6 (2) (d) of the Safety, Health and Welfare at Work Act, 1989;
  • Regulation 9 (1) of the Safety, Health and Welfare at Work (Construction) Regulations, 2001.

This trial arose when an employee of Frank Connaghan received fatal injuries when he fell from planks which were on top of an internal partition wall of a single storey dwelling under construction. He fell as a result of being struck by collapsing roof trusses which were being installed, when they fell “domino-like”. There was no fall protection in place at the location where the deceased was standing.

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Derek Daly - On Indictment
Derek Daly, a scaffolder and employee of Paul Byrne t/a P. Byrne Scaffolding Services were fined a total of €10,000 in Dublin Circuit Criminal Court on the 20th November 2006 having been found guilty of the following charge:

  • Section 9 (1) (a) of the Safety, Health and Welfare at Work Act, 1989.

The trial arose as a result of a scaffold collapse while it was being dismantled on Grafton Street, Dublin which occurred on the 27th of March 2003 resulting in injuries being sustained to a member of the public.

See also Paul Byrne t/a P Byrne Scaffolding Services

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Henbyfield Ltd. trading as Kane Construction -On Indictment

Henbyfield Ltd. trading as Kane Construction was fined a total of €5,000 in Dublin Circuit Criminal Court on the 23rd November 2006 having pleaded guilty to the following charges:

  • Section 6 (1) of the Safety, Health and Welfare at Work Act 1989;
  • Section 6 (1) of the Safety, Health and Welfare at Work Act 1989 as it relates to Section 48 (17).

This trial arose as a result of a serious accident to an employee of Henbyfield Ltd. who fell 2.2 metres from scaffolding onto a concrete floor slab while carrying out works in preparation for roof works.

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Nigel Hoblyn -On Indictment
Nigel Hoblyn, Director of North East Diving Services was fined a total of €21,903 in Dublin Circuit Criminal Court on the 3rd November 2006 having pleaded guilty to the following charges:

  • Section 7 (1) of the Safety, Health and Welfare at Work Act 1989;
  • Section 7 (1) of the Safety, Health and Welfare at Work Act, 1989 as it relates to Section 48 (17).

The trial arose as a result of a fatal accident occurring on the 3rd July 2004 during a salvage operation of a yacht in Dublin Bay. The deceased was a member of the dive team and Mr. Hoblyn was the dive supervisor in charge of the dive during the salvage operation. During the salvage operation the pillar valve on the deceased SCUBA tank became fouled on the rigging of the yacht.

See also North East Diving Services Ltd.

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S F Hughes Construction Limited -On Indictment
S F Hughes Construction Limited was fined a total of €100,000 in Mullingar Circuit Criminal Court on the 30th November 2006 having pleased guilty to the following charge:

  • Section 7 (1) of the Safety, Health and Welfare at Work Act, 1989.

This trial arose as a result of a fatal accident to a child on a construction site on the 31st August 2003 while playing with other children on site. The children gained access to the site through the entrance adjacent to the outside wall of Richdale Court, the housing estate in which the deceased lived. They were playing in some concrete rings when one of the concrete rings the deceased was in collapsed in on itself. There was no fencing in place to prevent access of the public to the site.

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Integrated Utility Services Ltd -On Indictment
Integrated Utility Services Ltd. was fined a total of €50,000 in Roscommon Circuit Court on the 13th June 2006 having pleaded guilty to the following charges:

  • Section 6 (2) (d) of the Safety, Health and Welfare at Work Act, 1989;
  • Section 7 (2) of the Safety, Health and Welfare at Work Act, 1989.

This trial arose following a fatal accident to an employee when the pole he was positioned on collapsed during the change of stays to the pole during the refurbishment of the ESB’s overhead electricity network at Castlerea, Co. Roscommon.

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Kildownet Utilities Ltd -On Indictment
Kildownet Utilities Ltd. was fined a total of €100,000 in Dublin Circuit Criminal Court on the 23rd November 2006 having pleaded guilty to the following charge:

  • Section 6 of the Safety Health and Welfare at Work Act, 1989.

This trial arose following a fatal accident to an employee of Kildownet Utilities Ltd. which occurred at Diamond Valley Apartment Development at Dargle Road, Bray on 19th of February 2003. A truck mounted 30 metre concrete pump, owned and operated by Kildownet Utilities Ltd. was set up and used to pump concrete into a basement area. The deceased was standing at the end of the pump placing concrete when a section of the pump came into contact with one of the sets of 10,000 volt overhead power lines which crossed the site.

See also Cormac Building Contractors Ltd., Brian Molloy, Joseph Byrne

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Kilsaran Concrete Ltd -On Indictment   
Kilsaran Concrete Ltd. was fined a total of €100,000 in Dundalk Circuit Court on the 15th June 2006 having pleaded guilty to the following charge:

  • Section 8 (2) of the Safety Health and Welfare at Work Act, 1989.

This trial arose following a serious accident to an employee of Martin Casey trading as JMC Engineering at a block plant at Gallstown quarry in Dunleer Co Louth run by Kilsaran Concrete Ltd on the 11th November 2002. The employee was removing trays from the idle rollers underneath a conveyor when he fell off a pallet attached to the forks of a teleporter that he was standing on.

See also Martin Casey trading as JMC Engineering

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Lacken Joinery Ltd -On Indictment
Lacken Joinery Ltd. was fined a total of €6,000 in Enniscorthy District Court on the 28th February 2006 having pleaded guilty to the following charges:

  • Regulation 15 (2) of the Factories (Woodworking Machinery) Regulations, 1972;
  • Section 6 (2) (e) of the Safety, Health and Welfare at Work Act, 1989;
  • Regulation 10 (a) of the Safety, Health and Welfare at Work (General Applications) Regulations, 1993;
  • Section 6 (2) (c) of the Safety, Health and Welfare at Work Act, 1989.

This trial arose out of an accident to an employee on the 23rd Sept 2004, whom suffered amputation of four of his fingers on his right hand, while using a circular saw at the above premises. The circular saw had no guarding or riving knife in place at the time of the accident.

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Michael Murphy -On Indictment|
Michael Murphy was fined at total of €50,000 in Naas Circuit Criminal Court on the 5th May 2006 having pleaded guilty to the following charge:                 

  • Section 8 (2) of the Safety, Health and Welfare at Work Act, 1989 as it relates to Section 48 (19) of the said Act.

The trial arose as a result of the removal of a corrugated metal roof off the premises of Michael Murphy Co. Ltd at Kildara Industrial Estate, Newbridge Co. Kildare.  This roof was known by the client, Michael Murphy Co. Ltd. to be contaminated with limpet asbestos residue.  This information was not related to the contractors.  The defendant was also previously advised by the Authority that the building was not to be brought into use without first being decontaminated.

See also Michael Murphy Co. Ltd.

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Michael Murphy Co. Ltd -On Indictment
Michael Murphy Co. Ltd. in Naas Circuit Criminal Court on the 5th May 2006 pleaded guilty to the following charges which were taken into account:

  • Section 8 (2) of the Safety, Health and Welfare at Work Act, 1989 as it relates to Section 48 (1) (a) of the said Act;
  • Section 6 (2) (j) of the Safety, Health and Welfare at Work Act, 1989.

The trial arose as a result of the removal of a corrugated metal roof off the premises of Michael Murphy Co. Ltd at Kildara Industrial Estate, Newbridge Co. Kildare.  This roof was known by the client, Michael Murphy Co. Ltd to be contaminated with limpet asbestos residue.  This information was not related to the contractors.  The defendant was also previously advised by the Authority that the building was not to be brought into use without first being decontaminated.

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Brian Molloy -On Indictment

Brian Molloy, Director of Kildownet Utilities Ltd. received a two year suspended prison sentence in Dublin Circuit Criminal Court on the 23rd November 2006 having being found guilty of the following charge:

  • Section 13 of the Non Fatal Offences Against the Person Act, 1997.

This trial arose following a fatal accident to an employee of Kildownet Utilities Ltd. which occurred at Diamond Valley Apartment Development at Dargle Road, Bray on 19th of February 2003. A truck mounted, 30 metre concrete pump, owned and operated by Kildownet Utilities Ltd. was set up and used to pump concrete into a basement area. The deceased was standing at the end of the pump placing concrete when a section of the pump came into contact with one of the sets of 10,000 volt overhead power lines which crossed the site.

See also Kildownet Utilities Ltd, Cormac Building Contractors Ltd., Joseph Byrne

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The Trustees of the Hospital founded by George Simpson Esq - On Indictment

The Trustees of the Hospital founded by George Simpson Esq (Simpson’s Hospital) was fined a total of €16,000 in Dublin Circuit Criminal Court on the 27th April 2006 having pleaded guilty to the following charges:

  • Regulation 10 (a) of the Safety, Health and Welfare at Work (General Application) Regulations, 1993;
  • Section 6 (2) (d) of the Safety, Health and Welfare at Work Act, 1989.

The trial arose following a fatal accident to an employee at a nursing home. The deceased was cleaning out a lift (dumb waiter) pit and received fatal crush injuries by the moving lift which had not been immobilised.

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