Healthy,
safe and
productive lives
and enterprises

Summarily

A and G Roofing Maintenance Ltd -Summarily

A and G Roofing Maintenance Ltd. was fined a total of €2,800 in Clonmel District Court on the 24th November 2006 having pleaded guilty to the following charges:

  • Section 6(2) (a) of the Safety Health and Welfare at Work Act 1989;
  • Section 6(2) (a) of the Safety Health and Welfare at Work Act 1989 as it relates to S48 (17);
  • Section 6(2)(b) of the Safety Health and Welfare at Work Act 1989;
  • Section 6(2)(b) of the Safety Health and Welfare at Work Act 1989 as it relates to S48 (17);
  • Section 6(2)(d) of the Safety Health and Welfare at Work Act:
  • Section 6(2)(d) of the Safety Health and Welfare at Work Act as it relates to Section 48(17);
  • Regulation 76(5)(a) and 76(5)(b) of the Safety Health and Welfare at Work (Construction) Regulations 2001,

This case arose following an accident where an employee of A and G Roofing Maintenance Limited fell from a height of over 4 metres on the 20th April 2005 while carrying out construction work activities at St Mary’s Church, Clogheen, Co Tipperary. The employee was working on the roof of the church (lean-to roof) removing and replacing a lead strip along the joint between the lean-to roof and the main wall of the church. The employee fell from the roof while bringing up a roll of lead for placing along the joint.

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John Ahern -Summarily                                          
Mr Ahern was fined a total of €1,500 in Newport District Court on the 27th January 2006 having pleaded guilty to the following charges:

  • Section 6 (2) (d) of the Safety, Health and Welfare at Work Act, 1989:
  • Section 12 (1) of the Safety, Health and Welfare at Work Act, 1989.

This trial arose following the death of a student who was working part time for Mr. Ahern who was engaged in the harvesting of silage. Mr Ahern was driving the forage harvester. The deceased was electrocuted when he attempted to climb on to the harvester as it was passing under high voltage overhead lines.

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Aer Lingus Ltd. -Summarily
Aer Lingus Ltd. was fined at total of €900 in Dublin District Court on the 25th April 2006 having pleaded guilty to the following charges:

  • Section 6 (2) (d) of the Safety Health and Welfare at Work Act, 1989;
  • Section 6 (2) (f) of the Safety Health and Welfare at Work Act, 1989;
  • Regulation 19 (e) of the Safety Health and Welfare at Work (General Application) Regulations, 1993.

This trial arose out of an accident to an employee of Aer Lingus Ltd. in the baggage handling hall at Dublin Airport on the 13th November 2004. The employee, a baggage handler, was activating the lock mechanism that held baggage containers on the roller mat table with his hand when an adjacent container moved by another employee hit his hand causing injury.

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G and T Crampton Ltd -Summarily

G and T Crampton Ltd. was fined a total of €6,800 in Richmond Hospital District Court on the 24th May 2006 having been found guilty of the following charges:

  • Section 8 (2) of the Safety, Health and Welfare at Work Act, 1989;
  • Section 8 (2) of the Safety, Health and Welfare at Work Act, 1989 as it relates to Section 48 (17);
  • Regulation 6 (2) (e) of the Safety, Health and Welfare at Work (Construction) Regulations, 2001;
  • Regulation 6 (2) (f) of the Safety, Health and Welfare at Work (Construction) Regulations, 2001.

This trial arose when an employee of a subcontractor on site was working on top of a lift car at 1st floor level, in lift shaft number 1. He was struck by falling debris in the lift shaft. Employees of another sub-contractor were working directly overhead. There was no open access to the lift at any other point overhead. The employee of the first sub-contractor suffered serious head injuries.

See also H.A O’Neill Ltd, High Grade Ventilation Ltd.

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ESB -Summary Appeal
The above Appeal brought by the ESB was heard in Clonakilty Circuit Court on the 14th June 2006. 

The original trial arose following an accident in which an employee of a subcontractor was fatally injured by electrocution whilst topping trees close to live 20 kV power lines. The contractor was engaged by the ESB to cut trees close to power lines over an area of network at Castletownbere, Co. Cork.

On hearing the Appeal the Judge confirmed the conviction on two 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;

The fine imposed at the original trial stood.

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Fernwave (Civils) Ltd -Summary Appeal
The above Appeal was brought by Fernwave (Civils) Ltd. and was heard in Dublin Circuit Court on the 10th July 2006. 

The original trial arose when two employees were injured erecting a freestanding Doka table system. They placed a concrete slab onto the table. Whilst one of the operatives was descending from the table by means of a ladder the table failed.

On hearing the Appeal the Judge confirmed the conviction on the three charges.

  • Section 6 (2) (a) of the Safety Health and Welfare at Work Act 1989;
  • Section 11 (2) of the Safety, Health and Welfare at Work Act, 1989;
  • Regulation 9 (1) (f) of the Safety, Health and Welfare at Work (Construction) Regulations, 2001.

The fine imposed for the breach of Section 6 (2) (a) was confirmed with the other two counts being taken into account.

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High Grade Ventilation Ltd -Summarily
High Grade Ventilation Ltd. was fined a total of €2,000 in Richmond Hospital District Court on the 14th June2006 having been found guilty of 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);
  • Regulation 6 of the Safety, Health and Welfare at Work (General Application) Regulations, 1993;
  • Regulation 9 (1) (b) of the Safety, Health and Welfare at Work (Construction) Regulations, 2001;
  • Regulation 9 (1) (d) of the Safety, Health and Welfare at Work (Construction) Regulations, 2001.

This trial arose when an employee of a subcontractor on site was working on top of a lift car at 1st floor level, in lift shaft number 1. He was struck by falling debris in the lift shaft. Employees of another sub-contractor were working directly overhead. There was no open access to the lift at any other point overhead. The employee of the first sub-contractor suffered serious head injuries.

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Frank Kelly -Summarily
Frank Kelly was fined a total of €1,800 in Ballinasloe District Court on the 5th April 2006 having pleaded guilty to the following charges:

  • Section 8 (2) 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 when a roofing contractor, who was distributing slates in preparation for slating on a roof at 2.3 m in height, fell from the roof receiving fatal injuries. A teleporter boom lifting slates was raised and was in operation beside him at the time of the fall. There was no scaffolding in place.

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Lacken Joinery Ltd -Summarily
Lacken Joinery Ltd. was fined a total of €3,000 in Enniscorthy District Court on the 28th February 2006 having pleaded guilty to the following charges:

  • Section 6 (2) (c) of the Safety, Health and Welfare at Work Act, 1989;
  • Regulation 15 (2) of the Factories (Woodworking Machinery) Regulations, 1972;
  • Regulation 59 (1) (a) (ii) of the Safety, Health and Welfare at Work (General Applications) Regulations, 1993.

This trial arose out of an accident to an employee on the 26th April 2004 who received lacerations to his right hand while using a circular saw at the premises of Lacken Joinery Ltd.

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Gerard F May Roofing Ltd -Appeal against sentence
The above appeal brought by Gerard F May Roofing Ltd. was heard in the Court of Criminal Appeal in the Hugh Kennedy Court, Four Courts, Dublin, on Monday 10th July 2006.

The original trial arose following a fatal accident when an employee fell 3.74 meters from the roof of a school. The company had pleaded guilty to the following breaches:

  • Section 6 (1) of the Safety Health and Welfare at Work Act, 1989;
  • Regulations 74 (2) (a) of the Safety Health and Welfare at Work (Construction) Regulations, 2001.

The company had originally been fined €50,000 per count. This was reduced to €10,000 per count on appeal.

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Conor O’Leary - Summarily
Conor O’Leary was fined a total of €1,500 in Mallow District Court, Co. Cork on the 19th December 2006 having pleaded guilty to the following charge:

  • Section 7 (2) of the Safety, Health and Welfare at Work Act, 1989 as it relates to Section 48 (17).

This trial arose following a fatal accident to a self-employed stone mason when he received severe head injuries as he worked near the forks of a telescopic handler that was used to position a large stone on a wall of a house.

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H.A. O’Neill Ltd -Summarily

H.A. O’Neill Ltd. was fined a total of €2,000 in Richmond Hospital District Court on the 14th June 2006 having been found 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);
  • Regulation 6 of the Safety, Health and Welfare at Work (General Application) Regulations, 1993;
  • Regulation 9 (1) (b) of the Safety, Health and Welfare at Work (Construction) Regulations, 2001;
  • Regulation 9 (1) (d) of the Safety, Health and Welfare at Work (Construction) Regulations, 2001;

This trial arose when an employee of a subcontractor on site was working on top of a lift car at 1st floor level, in lift shaft number 1. He was struck by falling debris in the lift shaft. Employees of another sub-contractor were working directly overhead. There was no open access to the lift at any other point overhead. The employee of the first sub-contractor suffered serious head injuries.

See also G and T Crampton Ltd., High Grade Ventilation Ltd.

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The Trustees of St. Patrick’s College, Maynooth known as St. Patrick's College - Summarily
The Trustees of the St. Patrick’s College, Maynooth known as St. Patrick's College, Maynooth, Co. Kildare were fined at total of €2,000 in Kilcock District Court on the 3rd April 2006 having been found guilty of the following charges:

  • Section 6 (2) (c) of the Safety, Health and Welfare at Work Act, 1989;
  • Section 6 (2) (c) of the Safety, Health and Welfare at Work Act, 1989 as it relates to Section 48(17) of the said Act;
  • Section 6 (2) (e) of the Safety, Health and Welfare at Work Act, 1989;
  • Section 6 (2) (e) of the Safety, Health and Welfare at Work Act, 1989 as it relates to Section 48(17) of the said Act;
  • Section 12 (8) of the Safety, Health and Welfare at Work Act, 1989.

The trial arose following an accident to an employee of Maynooth College farm who suffered serious injuries when he was caught up in a PTO shaft of a Redrock 2000 slurry tanker on Saturday 8th January 2005.

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Waters Glass and Glazing Ltd -Summarily
Waters Glass and Glazing Ltd. was fined a total of €3,000 in Cork District Court on the 6th December 2006 having pleaded guilty to the following charges:

  • Section 6 (2) (b) of the Safety, Health and Welfare at Work Act, 1989;
  • Regulation 9 (4) of the Safety, Health and Welfare at Work (Construction) Regulations 2001;
  • Regulation 9 (1) of the Safety, Health and Welfare at Work (Construction) Regulations 2001.

This trial arose as a result of injuries received by two employees of Waters Glass and Glazing Ltd. when a tower scaffold which they were working on collapsed and the two workers fell 3 meters to the ground.

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