Prosecutions 2007
Summarily
Albert Nolan
Mr Albert Nolan, following an appeal of sentence, was fined €500 at Dublin Circuit Criminal Court 26 on 11
October 2007 having pleaded guilty to the following charge:
Section 8(2) of the Safety, Health and Welfare at Work Act 1989.
The case arose as a result of head injuries sustained in the process of demolishing the rear wall of a property.
During the course of the demolition process, a portion of the rubble wall collapsed.
See also Tony Brannigan.
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Crumb Rubber Ireland Ltd
Crumb Rubber Ireland Ltd was fined €1,500 on 26 February 2007 at Dundalk District Court having been
found guilty of the following charges:
Regulation 9(1)(a) of the Safety, Health and Welfare at Work (General Application) Regulations 1993;
Regulation 9(1)(b) of the Safety, Health and Welfare at Work (General Application) Regulations 1993; and
Regulation 9(1)(e) of the Safety, Health and Welfare at Work (General Application) Regulations 1993.
The case arose as a result of the outbreak of a fire at the premises of Crumb Rubber Ireland Ltd on 28 May
2005. The building was full of smoke and Crumb Rubber Ireland Ltd employees in the building were exposed
to the smoke. The company failed in this emergency situation to evacuate its employees. Four firemen and
three employees were burned in a subsequent explosion caused by the fire.
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Dean Waste Company Ltd
Dean Waste Company Ltd was fined €7,500 having pleaded guilty at Naas District Court on 1 November 2007
to the following charges:
Section 8(2)(c)(iii) as it refers to Section 77(9) of the Safety, Health and Welfare at Work Act 2005; Section
8(2)(e) of the Safety, Health and Welfare at Work Act 2005; Section 19(1) of the Safety, Health and Welfare at
Work Act 2005; Section 20(1) of the Safety, Health and Welfare at Work Act 2005; Regulation 20(1) of the
Safety, Health and Welfare at Work (General Application) Regulations 1993.
The case arose as a result of serious injury to an employee of Dean Waste Co. Ltd who was working as an
operative at a picking line in Kerdiffstown Road, Kerdiffstown, Naas, Co. Kildare on 25 March 2006. He went
to clean the drum at the end of the conveyor belt with a shovel when the shovel got caught behind the drum,
his sleeve got caught in the shovel, and his arm and hand got pulled in behind the drum.
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Eddie Hogan (Drilling) Ltd (2)
Eddie Hogan (Drilling) Ltd was fined €500 at Birr District Court on 13 April 2007 having pleaded guilty to the
following charges:
Section 48(2) of the Safety, Health and Welfare at Work Act 1989; and Regulation 10(a) of the Safety, Health
and Welfare at Work (General Application) Regulations 1993.
The case arose out of a flyrock incident that occurred at Loughnane Concrete (Birr) Ltd quarry on 22 June
2005. An independent shotfirer was requested by Eddie Hogan (Drilling) Ltd to load and fire the blast. The
shotfirer took the blast and flyrock resulted. The flyrock extended outside the quarry boundary.
See also Thomas Byrne.
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Emmet Delaney
Mr Emmet Delaney was fined €2,000 at New Ross District Court on 26 June 2007 having pleaded guilty to the
following charge:
Section 13(1)(a) of the Safety, Health and Welfare at Work Act 2005.
A charge of reckless endangerment was brought by the Director of Public Prosecutions (An Garda Síochána)
against Mr Emmet Delaney, which he also pleaded guilty to and was fined €1,000.
The case resulted from an investigation into a fatal accident involving an employee of Harte Designs Ltd, who
was crushed between the mast of a forklift truck (FLT) and shelving in a storage area at Harte Designs Ltd,
Butlersland Industrial Estate, New Ross, Co. Wexford on 22 April 2006. The deceased was being carried on the
forks of a forklift truck driven by Mr Emmet Delaney, a work colleague, when the accident occurred. Mr
Delaney was not a trained FLT driver and was not authorised by his employer to drive the FLT.
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Michael Walsh
Mr Michael Walsh was fined €1,000 at Waterford District Court on 21 September 2007 having pleaded guilty
to the following charges:
Section 12 of the Safety, Health and Welfare at Work Act 2005; and Section 8(2)(a) of the Safety, Health and
Welfare at Work Act 2005.
The case arose as a result of a fatal accident to an 11-year-old neighbour of the defendant in Co. Kilkenny on
8 August 2006. Whilst engaged in potato harvesting operations, a son of the defendant and the deceased
decided to have a race to the top of the drill. The defendant's son successfully jumped off the harvesting
platform and commenced running. The deceased jumped off the back of the reversing harvester, lost his
footing and fell on the ground. As he lay on the ground, the reversing tractor being operated by Mr Michael
Walsh impacted with him.
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North Tipperary County Council
North Tipperary County Council was fined €2,538 at Templemore District Court on 12 February 2007 having
pleaded guilty to the following charges:
Regulation 3(1) of the Safety, Health and Welfare at Work (Construction) Regulations 2001; and Regulation
10(a) of the Safety, Health and Welfare at Work (General Application) Regulations 1993.
The case arose as a result of a fatality to an employee of North Tipperary County Council during the road
strengthening and resurfacing works on the Roscrea to Templemore road. A lorry being driven by a
subcontractor to North Tipperary County Council reversed unaided and crushed the deceased.
See also Shane Kenneally.
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Owenass Residential Developments Ltd
Owenass Residential Developments Ltd was fined €3,000 at Portlaoise District Court on 14 June 2007 having
pleaded guilty to the following charges:
Section 12 of the Safety, Health and Welfare at Work Act 2005; Section 15(3) of the Safety, Health and
Welfare at Work Act 2005; and Regulation 9(1)(a) of the Safety, Health and Welfare at Work (Construction)
Regulations 2001.
This case arose as a result of an accident involving a member of the public on 24/25 November 2005 on a
construction site at Fairgreen Phase II, Mountmellick Road, Portlaoise, Co. Laois. The deceased was found in an
excavation (that had water in it) at the start of the work shift on the morning of 25 November 2005.
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Shane Kenneally
Mr Shane Kenneally was fined €634.50 at Templemore District Court on 12 February 2007 having pleaded
guilty to the following charge:
Section 7(2) of the Safety, Health and Welfare at Work Act 1989.
The case arose as a result of a fatality to an employee of North Tipperary County Council during the road
strengthening and resurfacing works on the Roscrea to Templemore road. The accused, a self-employed lorry
driver, was reversing his lorry unaided and made contact with the deceased, who died as a result of crushing.
See also North Tipperary County Council.
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Shortts Ltd
Shortts Ltd was fined €4,000 at Castleblayney District Court on 18 June 2007 having pleaded guilty to the
following charges:
Section 8(2)(c)(iii) of the Safety, Health and Welfare at Work Act 2005; and
Section 19(1) of the Safety, Health and Welfare at Work Act 2005.
The case arose when an employee of Shortts Ltd caught his hand in a mincing machine whilst preparing
minced meat at the rear of a retail butcher's shop. Serious injury resulted in a below-the-elbow amputation of
the right arm
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SR Technics Ireland Ltd
SR Technics Ireland Ltd was fined €4,000 at Dublin District Court on 20 November 2007 having pleaded guilty
to the following charges:
Section 8(2)(b) of the Safety, Health and Welfare at Work Act 2005; Section 8(2)(c)(ii) of the Safety, Health and
Welfare at Work Act 2005; Section 8(2)(g) of the Safety, Health and Welfare at Work Act 2005; Section
8(2)(c)(ii) of the Safety, Health and Welfare at Work Act 2005; and Section 8(2)(c)(ii) of the Safety, Health and
Welfare at Work Act 2005.
The case arose as a result of an investigation of a fatality that occurred at SR Technics Ireland Ltd,
Dublin Airport.
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Thomas Byrne
Mr Thomas Byrne was fined €500 at Birr District Court on 13 April 2007 having pleaded guilty to the
following charge:
Section 7(2) of the Safety, Health and Welfare at Work Act 1989.
The case arose out of a flyrock incident that occurred at Loughnane Concrete (Birr) Ltd quarry on 22 June
2005. Mr Thomas Byrne, an independent shotfirer, was requested by Eddie Hogan (Drilling) Ltd to load and fire
the blast. Mr Byrne took the blast and flyrock resulted. The flyrock extended outside the quarry boundary.
See also Eddie Hogan (Drilling) Ltd (2).
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Tony Brannigan
Mr Tony Brannigan, following an appeal of sentence, was given the Probation Act and instructed to donate
the sum of €5,000 to the Children's Hospital, Crumlin and to pay all costs within three weeks at the Dublin
Circuit Criminal Court on 5 July 2007 having pleaded guilty to the following charge:
Regulation 3(1) of the Safety, Health and Welfare at Work (Construction) Regulations 2001.
On 25 January 2005, Mr Albert Nolan and two employees were in the process of demolishing the rear wall of
the property at 69 Oxmantown Road, Dublin 1. During the demolition process, a portion of the rubble wall
collapsed. Mr Nolan received head injuries and was taken to the Mater Hospital where he was attended to
before being released later that evening.
See also Albert Nolan.
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On Indictment
Boliden Tara Mines Ltd
Boliden Tara Mines Ltd was fined €350,000 at Trim Circuit Criminal Court on 19 April 2007 having pleaded
guilty to the following charge:
Section 6(2)(f) of the Safety, Health and Welfare at Work Act 1989.
The case arose out of a fatal accident to an employee of Boliden Tara Mines Ltd on 21 June 2005 at
Knockumber, Navan, Co. Meath. The employee was a production driller underground and was drilling a raise
when the adjacent ground in which he was working on gave way and the employee fell into an open stope or
chamber underneath suffering fatal injuries.
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Coffey Construction Ltd
Coffey Construction Ltd was fined €100,000 on the first charge and the other three counts were taken into
consideration at Limerick Circuit Court on 8 June 2007 having pleaded guilty to the following charges:
Regulation 21(1)(a) of the Safety, Health and Welfare at Work (Construction) Regulations 2001; Regulation
9(1)(a) of the Safety, Health and Welfare at Work (Construction) Regulations 2001; Section 6(2)(d) of the
Safety, Health and Welfare at Work Act 1989 contrary to Section 48(17); Section 6(2)(a) of the Safety, Health
and Welfare at Work Act 1989 contrary to Section 48(17).
The case arose out of a fatal accident to an employee of Coffey Construction Ltd on 5 August 2005 at a
construction site on the Dock Road, Limerick. The deceased, a general operative, was working in an
excavation, approximately five metres deep, when an unsupported face collapsed and engulfed him. He died
of his injuries two days later.
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Colm Colohan
Mr Colm Colohan was fined €21,600 at Galway Circuit Court on 15 May 2007 having pleaded guilty to the
following charge:
Regulation 3(1) of the Safety, Health and Welfare at Work (Construction) Regulations 2001.
The case arose following an accident where the deceased was apparently electrocuted on a construction site at
Townparks, Ballinasloe, Co. Galway. The deceased, along with two others, was installing aluminium gutters on
a newly constructed two-storey development. A 17.9 metre section of gutter was being manoeuvred into
position from the second lift of the scaffolding when one end of the gutter made contact with the 10,000V 3
phase overhead line resulting in the death of the deceased.
See also Ollie Colohan.
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Commercial Body and Engineering Services Ltd
Commercial Body and Engineering Services Ltd was fined €20,000 at Dublin Circuit Court on 3 October 2007
having pleaded guilty to the following charge:
Section 7(1) of the Safety, Health and Welfare at Work Act 1989.
The case arose as a result of a fatality to an employee of a print company who was using a van for the printing
process which had been fitted with a petrol generator and exhaust pipework by Commercial Body and
Engineering Services Ltd. Due to movement and vibration of the generator and the van itself, the pipework
had cracked, thereby allowing carbon monoxide to leak into the van. While printing a jersey in the back of the
van in Dundalk, he died from carbon monoxide poisoning.
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Dominic Quigley
Mr Dominic Quigley was given the Probation Act at Tralee Circuit Criminal Court on 13 March 2007 having
pleaded guilty to the following charge:
Section 9(1) contrary to Section 48(1)(a) and Section 49(2) of the Safety, Health and Welfare at
Work Act 1989.
The case arose as a result of an explosion at roadworks at Ballycarthy, Tralee, Co. Kerry. Explosives which were
left over after the clearing of an access route as part of a road project were disposed of by Mr Edward Hogan
and Mr Dominic Quigley, employees of Eddie Hogan (Drilling) Ltd by placing them in empty cardboard boxes
and then setting them on fire. This was not the recognised method for safe disposal of excess explosives. The
fire resulted in an explosion which knocked people in the vicinity to the ground and caused structural damage
to nearby housing.
See also Eddie Hogan (Drilling) Ltd (1) and also Edward Hogan.
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Dornan Engineering Ltd
Dornan Engineering Ltd was fined €3,000 at Cork Circuit Criminal Court on 17 May 2007 having pleaded
guilty to the following charge:
Section 7(1) of the Safety, Health and Welfare at Work Act 1989.
The case arose as a result of a boiler explosion which occurred at University College Cork Nursing Complex on
12 April 2005. Dornan Engineering Ltd was the mechanical contractor for the project. The boiler was newly
installed but was not in operation as it was shutdown for repairs. A subcontractor arrived on site and
proceeded to start the boiler to carry out checks on the temperature settings. The boiler exploded soon
afterwards. Three workers were injured as a result of the explosion.
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Eamonn Hayden
Mr Eamonn Hayden was fined €12,000 at Carlow Circuit Court on 4 July 2007 having pleaded guilty to the
following charges:
Section 6(2)(d) of the Safety, Health and Welfare at Work Act 1989; Section 6(2)(e) of the Safety, Health and
Welfare at Work Act 1989; and Section 12(1) of the Safety, Health and Welfare at Work Act 1989.
The case arose out of a fatal accident to an employee of Mr Eamonn Hayden at a construction site operated by
Kilbelin Construction Ltd at Tullow Road, Carlow. On 19 February 2004 the deceased and a co-worker were
removing shutters from concrete columns on a boundary wall. The deceased was fatally injured when he
was struck on the head by the bucket of the excavator (used to lift off the shutters) being operated by his
co-worker.
See also James Edwards and also Kilbelin Construction Ltd.
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Eddie Hogan (Drilling) Ltd (1)
Mr Eddie Hogan was fined €10,000 at Tralee Circuit Criminal Court on 13 March 2007 having pleaded guilty
to the following charges:
Section 6(2)(d) of the Safety, Health and Welfare at Work Act 1989; and Section 7(1) of the Safety, Health and
Welfare at Work Act 1989.
The case arose as a result of an explosion at roadworks at Ballycarthy, Tralee, Co. Kerry. Explosives which were
left over after the clearing of an access route as part of a road project were disposed of by employees of Eddie
Hogan (Drilling) Ltd by placing them in empty cardboard boxes and then setting them on fire. This was not the
recognised method for safe disposal of excess explosives. The fire resulted in an explosion which knocked
people in the vicinity to the ground and caused structural damage to nearby housing.
See also Edward Hogan and also Dominic Quigley.
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Edward Hogan
Mr Edward Hogan was fined €2,000 at Tralee Circuit Criminal Court on 13 March 2007 having pleaded guilty
to the following charge:
Section 9(1)(a) of the Safety, Health and Welfare at Work Act 1989.
The case arose as a result of an explosion at roadworks at Ballycarthy, Tralee, Co. Kerry. Explosives which were
left over after the clearing of an access route as part of a road project were disposed of by Mr Edward Hogan
and Mr Dominic Quigley, employees of Eddie Hogan (Drilling) Ltd, by placing them in empty cardboard boxes
and then setting them on fire. This was not the recognised method for safe disposal of excess explosives. The
fire resulted in an explosion which knocked people in the vicinity to the ground and caused structural damage
to nearby housing.
See also Eddie Hogan (Drilling) Ltd (1) and also Dominic Quigley.
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Finnerty's Plant Hire Ltd
Finnerty's Plant Hire Ltd was fined €50,000 at Mullingar Circuit Criminal Court on 23 February 2007 having
pleaded guilty to the following charge:
Section 6(2)(d) of the Safety, Health and Welfare at Work Act 1989.
The case arose following an incident on 28 October 2004 when Finnerty's Plant Hire Ltd was in the process of
completing the construction of manholes for foul and surface water drainage. During the week previous to the
incident, Finnerty's Plant Hire operatives exposed and shattered an ESB ducting, exposing a live 10,000V
underground cable. Whilst in the process of attempting to repair the ducting, operatives of Finnerty's Plant
Hire Ltd damaged the underground cable causing an electrical explosion in the trench. The operatives reported
the incident to site management who now understood the cable in the trench to be dead and instructed the
operatives to continue working in the trench. Approximately half an hour after the first incident, a second
explosion occurred in the trench. It appeared that the foreman did not report the first incident to the ESB
emergency call centre, therefore the ESB, as per their procedure, turned the power back on to the cable
resulting in the second explosion in the trench.
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Glennon Brothers Cork Ltd
Glennon Brothers Cork Ltd was fined €7,500 at Cork Circuit Criminal Court on 19 November 2007 having
pleaded guilty to the first and third charges with the second charge taken into account:
Section 8(2)(g) of the Safety, Health and Welfare at Work Act 2005; Regulation 10(1) of the Safety, Health and
Welfare at Work (General Application) Regulations 1993; and Regulation 7(1) of the Factories (Woodworking
Machinery) Regulations 1972.
The case arose as a result of serious injury to a trainee operative's hand when he put his hand into a planing
machine to remove a piece of timber while the dangerous parts of the machine were still in motion. He lost all
fingers and thumb as well as part of his right hand.
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Independent Fence Manufacturing Ltd
Independent Fence Manufacturing Ltd was fined €26,000 at Dublin Circuit Court on 16 July 2007 having
pleaded guilty to the following charges:
Section 6(2)(e) of the Safety, Health and Welfare at Work Act 1989; and Section 48(17) of the Safety, Health
and Welfare at Work Act 1989, with respect to the breach of Section 6(2)(e).
This case arose as a result of a fatality to an employee of Independent Fence Manufacturing Ltd. The deceased
was operating a concrete post manufacturing machine when two gang moulds fell on him. The safety pin had
not been inserted. It was the deceased's first week at work with the company.
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Irish Sugar plc
Irish Sugar plc was fined €100,000 at Carlow Circuit Court on 9 October 2007 having pleaded guilty to the
following charges:
Section 6(2)(c) of the Safety, Health and Welfare at Work Act 1989; and Section 12(3) of the Safety, Health
and Welfare at Work Act 1989.
The case arose as a result of a fatality to an employee of Irish Sugar plc. The deceased was checking the
capacity and flow of anti-scaling pumps at the base of evaporator 2C when the top circumferential weld of the
tank fractured. Hot juice, concentrate and steam were emitted from the vessel at an initial temperature of
120°C. The deceased received burns to the legs, arms and shoulder areas and died from his injuries 14 days
later. A second employee was employed as a general operative by Irish sugar plc and was walking towards the
evaporator vessel when the explosion occurred. He also received burns to the legs, arms and back and is
recovering from his injuries.
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James Edwards
Mr James Edwards had the Probation Act imposed on him at Carlow Circuit Court on 4 July 2007 having
pleaded guilty to the following charge:
Section 9(1)(a) of the Safety, Health and Welfare at Work Act 1989.
The case arose out of a fatal accident to an employee of Mr Eamonn Hayden at a construction site operated by
Kilbelin Construction Ltd. The deceased and his co-worker Mr James Edwards were removing shutters from
concrete columns on a boundary wall. The deceased was fatally injured when he was struck on the head by
the bucket of the excavator (used to lift off the shutters) being operated by Mr Edwards.
See also Eamonn Hayden and also Kilbelin Construction Ltd.
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Kilbelin Construction Ltd
Kilbelin Construction Ltd was fined €18,000 at Carlow Circuit Court on 4 July 2007 having pleaded guilty to
the following charge:
Regulation 6(2)(e)(i) of the Safety, Health and Welfare at Work (Construction) Regulations 2001.
The case arose out of a fatal accident to an employee of Mr Eamonn Hayden at a construction site operated by
Kilbelin Construction Ltd. The deceased and his co-worker Mr James Edwards were removing shutters from
concrete columns on a boundary wall. The deceased was fatally injured when he was struck on the head by
the bucket of the excavator (used to lift off the shutters) being operated by Mr Edwards.
See also Eamonn Hayden and also James Edwards.
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Martin Byrne
Mr Martin Byrne was fined €5,000 at Dublin Circuit Court on 8 June 2007 having pleaded guilty to the
following two charges:
Section 12(1) and Section 48(1)(b) of the Safety, Health and Welfare at Work Act 1989; and Section 6(2)(a) and
Section 48(1)(a) of the Safety, Health and Welfare at Work Act 1989.
The following two charges were taken into consideration:
Section 48(2) of the Safety, Health and Welfare at Work Act 1989; and Section 6(1) by reference to Section
6(2)(a) and Section 48(1)(a) of the Safety, Health and Welfare at Work Act 1989.
The judge took into account the defendant's ability to pay the fine as he was a sole trader and was now
operating as a part-time farmer.
The case arose as a result of a fall from a height by one of Mr Byrne's employees. The employee fell through an
opening in an asbestos cement roof where there was no edge protection and the hole was not clearly
demarcated. The injured party was 'employed' only on the day and was assessed as an employee following the
criteria outlined in the inspector's enforcement manual. He received severe injuries to his ankles and has had
multiple operations since the date of the accident.
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Ollie Colohan
Mr Ollie Colohan was fined €21,600 at Galway Circuit Court on 15 May 2007 having pleaded guilty to the
following charge:
Regulation 3(1) of the Safety, Health and Welfare at Work (Construction) Regulations 2001.
The case arose following an accident where the deceased was apparently electrocuted on a construction site at
Townparks, Ballinasloe, Co. Galway. The deceased, along with two others, was installing aluminium gutters on
a newly constructed two-storey development. A 17.9 metre section of gutter was being manoeuvred into
position from the second lift of the scaffolding when one end of the gutter made contact with the 10,000V 3
phase overhead line resulting in the death of the deceased.
See also Colm Colohan.
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Domtex Limited t/a Roscrea Express Delivery Services
Domtex Limited t/a Roscrea Express Delivery Services of Roscrea, Co. Tipperary was fined a total
of €25,000.00 in Nenagh Circuit Criminal Court on 3 May 2007 having pleaded guilty to the
following charges:
Section 7(1) contrary to Section 48 (1)(a) 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 contrary to Section 48 (1)(c) of the Safety, Health and Welfare at Work Act 1989, Section
8(2) of the Safety, Health and Welfare at Work Act 1989 contrary to Section 48 (1)(a) of the
Safety, Health and Welfare at Work Act 1989.
This case arose as a result of a fatal accident at the premises of Roscrea Express Delivery
Services, Dublin Road, Roscrea, Co. Tipperary on 20 October 2004. Two employees of Michael
(Jackie) Shanahan were lifted to a height by means of a cage resting on the blades of a forklift
truck by an employee of Roscrea Express Delivery Services. The cage fell off the blades. One
employee was fatally injured and the other employee was seriously injured.
Also see Michael (Jackie) Shanahan
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Michael (Jackie) Shanahan
Michael (Jackie) Shanahan of Limerick Road, Roscrea, County Tipperary was fined a total of
€22,500.00 in Nenagh Circuit Criminal Court on 3 May 2007 having been found guilty of the
following charges:
Section 6(2)(d) contrary to Section 48 (1)(a) of the Safety, Health and Welfare at Work Act 1989,
Section 6(2)(e) contrary to Section 48 (1)(a) of the Safety, Health and Welfare at Work Act, 1989,
Regulation 10(a) of the Safety, Health and Welfare at Work Act (General Application) Regulations
1993 contrary to Section 48 (1)(c) of the Safety, Health and Welfare at Work Act 1989.
This case arose as a result of a fatal accident at the premises of Roscrea Express Delivery
Services, Dublin Road, Roscrea, Co. Tipperary on the 20 October 2004. Two employees of
Michael (Jackie) Shanahan were lifted to a height by means of a cage resting on the blades of
a forklift truck by an employee of Roscrea Express Delivery Services. The cage fell off the blades.
One employee was fatally injured and the other employee was seriously injured.
Also see Domtex Limited t/a Roscrea Express Delivery Services
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Tinal Electrical Limited t/a Atlantic Developments
Tinal Electrical Limited t/a Atlantic Developments of The Atlantic Bar, The Square, Kenmare,
Co. Kerry was fined a total of €40,000.00 in Tralee Circuit Court on 13 November 2007,
having pleaded guilty to the following charges:
Section 15(3) 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, Section 15(3) of the Safety, Health and Welfare at
Work Act 2005 contrary to Section 77 (9)(a)of the Safety, Health and Welfare at Work Act 2005,
Regulation 22(1) Safety, Health and Welfare at Work (Construction) Regulations 2001 contrary to
Section 77 (2)(c) of the Safety, Health and Welfare at Work Act 2005, Regulation 21(1)(a)
Construction Regulations 2001 contrary to Section 77 (2)(c) of the Safety, Health and Welfare at
Work Act 2005, Regulation 15(1) Safety, Health and Welfare at Work (Construction) Regulations
2001 contrary to Section 77 (2)(c) of the Safety, Health and Welfare at Work Act 2005.
The case arose as a result of fatal injuries to an employee of Tony O Sullivan T/A Tony O' Sullivan
Plant Hire following a trench collapse on a construction site at Dromnevane, Kenmare, Co. Kerry
on the 26 October 2005. The principal contractor for the site was Tinal Electrical Limited t/a
Atlantic Developments.
Also see Tony O'Sullivan
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Tony O'Sullivan
Tony O'Sullivan of Killaha West, Kenmare, Co Kerry was fined a total of €15,000.00 in Tralee
Circuit Court on the 13 November 2007 having pleaded guilty to the following charges;
Section 8 (1) contrary to Section 77 (9) (a)of the Safety, Health and Welfare at Work Act 2005,
Section 8(1) contrary to Section 77 (2)(a) of the Safety, Health and Welfare at Work Act 2005,
Section 8 (2)(e) contrary to Section 77 (9) (a)of the Safety, Health and Welfare at Work Act
2005, Section 8 (2)(e) contrary to Section 77 (2)(a) of the Safety, Health and Welfare at Work
Act 2005, Section 19 (1) contrary to Section 77 (2)(a) of the Safety, Health and Welfare at Work
Act 2005, Regulation 21 (1)(a) of the Safety, Health and Welfare at Work (Construction)
Regulations 2001 contrary to Section 77 (2)(c) of the Safety, Health and Welfare at Work Act
2005.
The case arose as a result of fatal injuries to an employee of Tony O Sullivan t/a Tony O' Sullivan
Plant Hire following a trench collapse on a construction site at Dromnevane, Kenmare, Co. Kerry
on 26 October 2005. The principal contractor for the site was Tinal Electrical Limited t/a Atlantic
Developments.
Also see Tinal Electrical t/a Atlantic Developments
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