Prosecutions 2008

Summarily	On Indictment
Anglo American Lisheen Mining Limited	Abbey Farm Equipment Limited
Arch Chemicals BV	Bus Éireann
Barbary Construction Limited	Domtex Limited t/a Roscrea Express Delivery Services
Conneely Construction Limited	Keltank
Ger Dempsey	Meath County Council
FKM Engineering Limited	Henry McGinley and Sons Limited
Samuel Harron	Colm O' Rourke Limited
Kilkenny Limestone Limited	Tony O'Sullivan
Largo Food Exports Limited	Roadstone Dublin Limited
Patrick McDermott	Michael (Jackie) Shanahan
John O'Donovan	Tinal Electrical Limited t/a Atlantic Developments
O'Grady Tile and Bathrooms Limited
Pat O'Grady (Director)
John Phelan t/a Westlink Construction
John Ronan and Company Limited
Wheelmount Limited

Summarily

Anglo American Lisheen Mining Limited

Anglo American Lisheen Mining Limited of Lisheen Mine, Killoran, Moyne, Thurles, Co. Tipperary was fined a total of €2,500.00 in Thurles District Court on 21 January 2008, having pleaded guilty to the following charge:

Section 8(1) related to Section 8(2)(c)(iii) contrary to Section 77 (2)(a) of the Safety, Health and Welfare at Work Act 2005.

The case arose as a result of a dangerous occurrence at Lisheen Mine, Killoran, Moyne, Thurles, Co. Tipperary on 27 June 2006, when a backfill barricade failed, releasing liquefied fill into the surrounding tunnels. There were no injuries.

Arch Chemicals BV

Arch Chemicals BV of Watery Lane, Swords, Co. Dublin was fined a total of €1,000.00 in Dolphin House District Court, East Essex Street, Dublin 2 on 10 November 2008, having pleaded guilty to the following charges:

Section 8(2)(a) contrary to Section 77(2)(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

The case arose out of a dangerous occurrence at Arch Chemicals BV of Watery Lane, Swords, Co. Dublin on 31May 2007, when a solution of Sodium Hydrogen Sulphide was transferred from tank to production area, causing an explosion. No injuries were sustained.

Barbary Construction Limited

Barbary Construction Limited of Gortbrachmoor, Ahascragh, Ballinasloe, Co. Galway was fined a total of €1,000.00 in Court 49 Dolphin House District Court, East Essex Street, Dublin 2 on 22 October 2008, having pleaded guilty to the following charges:

Section 8(2)(a) contrary to section 77(9)(a) of the Safety, Health and Welfare at Work Act 2005
Section 8(2)(g) contrary to section 77(2)(a) of the Safety, Health and Welfare at Work Act 2005.

This case arose as a result of an accident to an employee of Barbary Construction Limited at Unit 36 Cherry Orchard Industrial Estate, Dublin 10 on 18 June 2007, when the forklift he was driving overturned and trapped his ankle under the roof section of the forklift causing him to suffer injuries.

Conneely Construction Limited

Conneely Construction Limited of 107 Cloniffe Road, Drumcondra, Dublin 3 was fined a total of €2,000.00 in Court 49 District Court, Essex Street, Dublin on 25 February 2008, having pleaded guilty to the following charge:

Section 12 as it relates to Section 77(9)(a) of the Safety, Health and Welfare at Work Act 2005.

This case arose as a result of serious injuries on a Construction site at Clongriffin Town Square, Donaghmede, Dublin on 11 September 2006. An employee of Conneely Construction Limited stood on a precast slab which broke under his weight, causing him to fall and sustain serious injury.

Ger Dempsey

Ger Dempsey of Ashgrove Lodge, Clonard, Wexford was not fined but pleaded guilty in Wexford District Court, Wexford on 1 April 2008 to the following charge:

Section 77(2)(d) of the Safety, Health and Welfare at Work Act 2005.

This case arose as a result of an incident which occurred on 12 February 2007 in which an inspector was in the process of carrying out an inspection at a place of work at Ashgrove Fitted Kitchens Limited, Clonard, Co. Wexford.

FKM Engineering Limited

FKM Engineering Limited of 14 Riverwalk, Citywest Business Campus, Dublin 24 was fined a total of €500.00 in District Court, Dolphin House, East Essex Street, Dublin 2 on 10 July 2008, having pleaded guilty to the following charge:

Section 12 contrary to Section 77(2)(a) of the Safety, Health and Welfare at Work Act 2005.

This case arose as a result of an accident on 30 May 2007 to an employee of a subcontractor to FKM Engineering Limited. The employee fell through a false floor in a mechanical riser as he attempted to clean it.

Samuel Harron

Samuel Harron of Breaghy, Castlefin, Co. Donegal was fined a total of €600.00 in Letterkenny District Court, Co. Donegal on 24 July 2008 having pleaded guilty to the following charge:

Section 77 (2) (d) of the Safety, Health and Welfare at Work Act 2005.

This case arose as a result of an incident while Health and Safety Authority Inspectors were in the course of carrying out inspections at a place of work at Killygordon, Co. Donegal on 24 and 25 August 2006.

Kilkenny Limestone Limited

Kilkenny Limestone Limited of Greatmeadow, Boyle, Co. Roscommon was fined a total of €4,000.00 in Thomastown District Court, Kilkenny on 4 February 2008, having pleaded guilty to the following charges:

Section 8(2)(a) contrary to Section 77(2)(a) of the Safety, Health and Welfare at Work Act 2005
Section 8(2)(a) contrary to Section 77(9)(a) of the Safety, Health and Welfare at Work Act 2005.

This case arose out of an accident to an employee of Kilkenny Limestone Limited, at a quarry at Paulstown, Co. Kilkenny on 14 August 2006. A diamond tip from a steel rope used for cutting dimensional stone blocks broke and a portion of the rope flew, striking the employee in the back.

Largo Food Exports Limited

Largo Food Exports Limited of Kilbrew, Ashbourne, Co. Meath was fined a total of €1,500.00 in Dunshaughlin District Court, Co. Meath on 14 October 2008, having pleaded guilty to the following charges:

Section 8(1) as related to 8(2)(c)(i) as provided by section 77 (9)(a), of the Safety, Health and Welfare at Work Act 2005
Section 19(1) as provided by 77(2)(a) of the Safety, Health and Welfare at Work Act 2005
Regulation 53 Safety, Health and Welfare at Work (Work at Heights) Regulations 2006 contrary to Section 77(2)(c ) of the Safety, Health and Welfare at Work Act 2005.

This case arose out of an accident to an employee of Largo Foods Exports Limited at Kilbrew, Ashbourne, Co. Meath on 20 July 2007. The employee was employed as a cleaner and went to a gantry level to clean up and remove debris. An existing handrail, positioned on the gantry, had been removed earlier that day by maintenance department staff. The employee fell from the gantry level to ground level 3.95 metres below and suffered injuries.

Patrick McDermott

Patrick McDermott of 2 Long Avenue, Dundalk, Co. Louth was fined a total of €200.00 in Dundalk District Court on 3 July 2008, having pleaded guilty to the following charge:

Section 8(2)(e) contrary to Section 77(2)(a) of the Safety, Health and Welfare at Work Act 2005.

This case arose as a result of an accident involving a fire which resulted from a torch-on-felt repair of a roof at the Williamson Mall, Dundalk, Co. Louth on 7 September 2007. Roof timbers caught fire, resulting in a partial collapse of ceiling materials into a restaurant below causing several patrons to suffer minor injuries.

John O'Donovan

John O'Donovan of Ballyhandle, Upton, Innishannon, Co. Cork was fined a total of €2,000.00 in Cork District Court, Cork City on 25 September 2008, having been found guilty of the following charge:

Section 13(1)(a) contrary to Section 77 (2) (a) of the Safety, Health and Welfare at Work Act 2005.

This case arose as a result of serious injuries being sustained by an employee at Cork Airport on 11 August 2006, when he fell from the top of motorised passenger steps at the door of an aircraft owing to the steps.

O'Grady Tile and Bathrooms Limited

O'Grady Tile and Bathrooms Limited of Clonmel Business Park, Cashel Road, Clonmel, Co. Tipperary was fined a total of €600.00 in Clonmel District Court, Tipperary on 22 April 2008, having pleaded guilty to the following charges:

Section 12 contrary to Section 77(2)(a) of the Safety, Health and Welfare at Work Act 2005
Section 12 contrary to Section 77(9) of the Safety, Health and Welfare at Work Act 2005.

This case arose as a result of an accident on 25 September 2006 at O'Grady Tile and Bathrooms Limited, Clonmel Business Park, Cashel Road, Clonmel, Co. Tipperary to a self-employed tiler. The self-employed tiler was asked by Mr Pat O'Grady (Director) to assist him in removing a sign from an unprotected storage area in the warehouse. Mr O'Grady lifted the self-employed tiler on the forks of the forklift to the storage area, where he retrieved the sign and as he stepped back onto the forks of the forklift he missed his footing and fell 2.45 metres to the ground. He suffered serious injuries.
Also see Pat O'Grady (Director)

Pat O'Grady (Director)

Pat O'Grady ( Director) of O'Grady Tile and Bathrooms Limited of Clonmel Business Park, Cashel Road, Clonmel, Co. Tipperary was fined a total of €200.00 in Clonmel District Court, Tipperary on 22 April 2008, having pleaded guilty to the following charge:

Section 80 contrary to Section 12 and Section 77 (9)(a) of the Safety, Health and Welfare at Work Act 2005.

John Phelan t/a Westlink Construction

John Phelan t/a Westlink Construction of 11 The Drive, Rochford Abbey, Kill, Co. Kildare was fined a total of €1,000.00 in District Court Dublin on 8 December 2008, having pleaded guilty to the following charge:

Section 12 contrary Section 77(2)(a) of the Safety, Health and Welfare at Work Act 2005.

This case arose as a result of an incident on 8 October 2007 at 19 Oaklands Drive, Terenure, Dublin 6W. An employee who worked for a roofing subcontractor fell from a roof and rolled through the scaffolding, which had no toeboard or handrail, and sustained injuries.

John Ronan and Company Limited

John Ronan and Company Limited of Ballycosgry, Charleville, Co. Cork was fined a total of €2,000.00 in Bruff District Court, Co. Limerick on 4 April 2008, having pleaded guilty to the following charges:

Section 15 contrary to Section 77(9)(a) of the Safety, Health and Welfare at Work Act 2005
Section 15 contrary to Section 77(2)(a) of the Safety, Health and Welfare at Work Act 2005.

This case arose as a result of an accident at Charleville, Co. Cork on 19 December 2006, in which a supporting lintel collapsed causing two men to sustain injuries.

Wheelmount Limited

Wheelmount Limited of Corrib Hostel, Camp Street, Oughterard, Co. Galway was fined a total of €3,000.00 in Dunmore District Court, Co. Galway on 22 January 2008, having pleaded guilty to the following charges:

Section 8(2)(c)(iii) contrary to Section 77 (2) (a) of the Safety, Health and Welfare at Work Act 2005
Regulation 9 (1)(a) as it relates to Regulation 69(1) of the Safety, Health and Welfare at Work (Construction Regulation)
2001 contrary to Section 77 (2)(c ) of the Safety, Health and Welfare at Work Act 2005.

This case arose as a result of a fatal accident at a building site under the control of Wheelmount Limited, at Knock Na Corra, Williamstown, Co. Galway on 23 November 2007. The deceased was found at the base of scaffolding at lunchtime on 23 November 2007. There were no witnesses to the accident.

On Indictment

Abbey Farm Equipment Limited

Abbey Farm Equipment Limited of Martyr's Road, Nenagh, Co. Tipperary was fined a total of €140,000.00 in Nenagh Circuit Court on 28 January 2008, having been found guilty of the following charges:

Section 8(1) and 8(2)(a) and 77(2)(a) of the Safety, Health and Welfare at Work Act 2005,
Section 8(1) and 8(2)(a) and 77(9) (a) of the Safety, Health and Welfare at Work Act 2005,
Section 8(1) and 8(2)(e) and 77(2)(a) of the Safety, Health and Welfare at Work Act 2005,
Section 8(1) and 8(2)(e) and 77(9) (a) of the Safety, Health and Welfare at Work Act 2005,
Section 8(1) and 8(2)(g) and 77(2)(a) of the Safety, Health and Welfare at Work Act 2005,
Section 8(1) and 8(2)(g) and 77(9) (a) of the Safety, Health and Welfare at Work Act 2005.

The case arose out of a fatal accident to an employee of Abbey Farm Equipment Limited when loading a slurry tanker onto a trailer at the premises of Abbey Machinery Limited at Clerihan, Clonmel, Co. Tipperary on 20 September 2005.

Bus Éireann

Bus Éireann of Broadstone, Dublin 7 was fined a total of €2,000,000.00 in Dublin Circuit Court on 21 May
2008, having pleaded guilty to the following charge:

Section 6(2)(b) Safety, Health and Welfare at Work Act 1989 and Section 6(2)(e) Safety, Health and Welfare at Work Act 1989.

The case arose as a result of an accident on the R153 Navan - Kentstown Road, which had roadworks on 23 May 2005. Bus Éireann were returning approximately 56 post-primary children from school. Five school children suffered fatal injuries.
Also see Keltank and Meath County Council

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

Keltank

Keltank of 6 Railway Street, Balbriggan, Co. Dublin was fined a total of €100,000.00 in Dublin Circuit Court on 21 May 2008, having pleaded guilty to the following charge:

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

Also see Meath County Council and Bus Éireann

Meath County Council

Meath County Council of County Hall, Navan, Co. Meath was fined a total of €100,000.00 in Dublin Circuit Court on 21 May 2008, having pleaded guilty to the following charges:

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

Henry McGinley and Sons Limited

Henry McGinley and Sons Limited of Loughnakey, Milford, Letterkenny, Co. Donegal was fined a total of €25,000.00 in Letterkenny Circuit Court on 13 February 2008, having pleaded guilty to the following charges:

Section 8(2)(e) related to section 77(2)(a) of the Safety, Health and Welfare at Work Act 2005
Section 8(2)(e) related to section 77(9)(a) of the Safety, Health and Welfare at Work Act 2005
Regulation 9(1)(a) as it relates to Regulation 15(2) 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
Regulation 9(1)(a) as it relates to Regulation 74(2) of the Safety, Health and Welfare at Work (Construction) Regulations 2001
Section 77 (2)(c) of the Safety, Health and Welfare at Work Act 2005, Regulation 9(1)(a) as it relates to Regulation 79(1) of the Safety, Health and Welfare at Work (Construction) Regulations 2001
Section 77 (2)(c) of the Safety, Health and Welfare at Work Act 2005.

This case arose as a result of serious injuries being sustained by an employee of Henry McGinley and Sons Limited on 1 of September 2005 at Loughnakey, Milford, Letterkenny, Co. Donegal, when he fell from a partially complete roof while engaged in sheeting the roof.

Colm O' Rourke Limited

Colm O' Rourke Limited of Ballyea, Inagh, Co. Clare was fined a total of €17,500 in Ennis Circuit Court on 14 January 2008, having pleaded guilty to the following charges:

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

This case arose as a result of an accident at a site at Doonbeg, Co. Clare on 21 March 2005. An employee of Colm O'Rourke Limited was directed by Colm O'Rourke (Managing Director) to work from a platform; this platform had not been inspected to ensure it was fit for the purpose. The employee fell from the platform a distance of 7 metres and sustained serious injuries.

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

Roadstone Dublin Limited

Roadstone Dublin Limited of Fortunestown, Tallaght, Dublin 24 was fined a total of €17,500.00 in Dublin Circuit Court on 23 January 2008, having been found guilty of the following charges:

Section 6(2)(a) in relation to Section 6(1) of the Safety, Health and Welfare at Work Act 1989
Section 6(2)(e) in relation to Section 6(1) of the Safety, Health and Welfare at Work Act 1989.

This case arose as a result of an accident on 16 July 2001 at Roadstone Dublin Limited, Belgard Quarry, Fortunestown, Tallaght, Dublin 24 to two employees who received severe burns after coming into contact with a live busbar on a 380 volt item of electrical equipment.

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) Regulations1993 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

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

Please Note