Prosecutions 2014

Summarily

Wexford Block Ltd (in receivership)

The case arose when an employee, employed under the Jobsbridge Initiative with Wexford Block Ltd, suffered serious injuries, including a broken arm, when he became entangled in the drive tail-drum of Conveyor 1 at Wexford Block Ltd at approximately 16.15hrs on 15 January 2013. The final date of hearing was 27 January 2014 in Wexford District Court, Ardcavan, Co Wexford.

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Shannon Transport and Manufacturing Company t/a STL Logistics

This case arose when an employee operating a de-canning machine on 5 November 2012 suffered serious injuries to the tops of two middle fingers due to contact with dangerous moving parts inside the machine. The investigation established that the safety guard was not in place for several weeks before the accident. Case was heard in Limerick District Court on 7 March 2014.

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Henkel Ireland Limited

On 27 May 2014 at Dublin District Court, Henkel Ireland Ltd pleaded guilty to two charges. On 7 May 2011 at a plant in Ballyfermot, Dublin 10, persons who were employed by a subcontractor were exposed to hazardous chemicals and not given proper personal protection equipment or provided with proper ventilation.

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Bus Éireann–Irish Bus

On 9 September 2014 at Ballina District Court, Bus Éireann–Irish Bus pleaded guilty to one charge. On 14 April 2011 Bus Éireann was off-loading a fuel tank using a teleporter at the depot in Ballina, Co Mayo when the fuel tank fell off the teleporter, crushing the driver and causing fatal injuries.

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Boston Access Limited

This case arose when two employees of Boston Access Limited received burn injuries in Naas Industrial Estate when they lifted a scaffolding tube approximately 6 metres long, making contact with a 10,000 volt overhead line 7 metres high. The final hearing was 6 October 2014 in Naas District Court.

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Irish Oxygen Company Ltd

This case arose when an acetylene cylinder ruptured explosively on 21 June 2012 whilst being filled at the Irish Oxygen Company Limited (IOC), Waterfall Road, Cork. One employee who was in the vicinity of the explosion received minor burn injuries. A large quantity of asbestos-containing material was spread over the scene of the incident. The underside of the acetylene cylinder was found to have an excessive amount of corrosion that led to the failure of the cylinder during filling. The final date of hearing was 15 October 2014 in Cork District Court.

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Cementation Skanska Ireland Ltd

This case arose when the company was carrying out pressure grouting to control water ingress into the mine on 25 July 2013. The injured party (employee) lost his left thumb when he came in contact with the unguarded fan on the motor of a paddle mixer. The final date of hearing was 22 October 2014 in Navan District Court.

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On Indictment

Paul Dyer

On 25 February 2014, at Cork Circuit Criminal Court, Washington Street, Paul Dyer pleaded guilty to three charges. On 9 October 2009 in Bantry, Co Cork, an employee of Paul Dyer was fatally electrocuted when he picked up a damaged cable.

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AGT Services Ltd

On 8 July 2014 at Nenagh Circuit Criminal Court, AGT Services Ltd pleaded guilty to one charge. On 11 May 2010, AGT Services Ltd supplied on hire a dump truck which was used during the construction of the M7 Nenagh to Castletown Road Scheme.

See also Kelly’s of Fantane (Concrete) Ltd and Somague Engenharia SA

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Somague Engenharia SA

On 9 July 2014 at Nenagh Circuit Criminal Court, Somague Engenharia SA pleaded guilty to one charge. The PSCS, Somague Engenharia, failed to ensure the provision of an appropriate traffic and pedestrian management plan on the construction site on the M7 Nenagh to Castletown Road scheme.

See also AGT Services Ltd and Kelly’s of Fantane (Concrete) Ltd

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Kelly’s of Fantane (Concrete) Ltd

On 11 July 2014 at Nenagh Circuit Criminal Court, Kelly’s of Fantane (Concrete) Ltd pleaded guilty to one charge. On 11 May 2010, Kelly’s of Fantane (Concrete) Ltd was involved in construction work on the construction of the M7 road scheme. They were laying road-surfacing materials and using six 40-tonne dump trucks to transport it from the batching plant to the location where it was to be laid. In the course of this work, the dump trucks had to engage in reversing manoeuvres. Whilst one of the dump trucks was being reversed, it collided with and fatally injured an employee of Kelly’s of Fantane (Concrete) Ltd.

See also AGT Services Ltd and Somague Engenharia SA

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P.J. Friel

On 16 July 2014 at Letterkenny Circuit Criminal Court, P.J. Friel pleaded guilty to one charge. On 29 April 2009 Mr Patrick Joseph Friel, company director, instructed three employees of P.J. Friel Engineering Limited to travel to Meenawaughran, Carrick, Co Donegal to remove old corrugated sheets from a round roof shed and replace them with new corrugated sheets and gutters. On 5 May 2009, in the course of carrying out the work, one of the employees fell from a ladder while he was carrying one end of a 12’ x 2’ corrugated sheet up to the roof, struck his head on the ground below, and suffered fatal injuries.

See also P.J. Friel Engineering Ltd

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P.J. Friel Engineering Ltd

On 15 July 2014 at Letterkenny Circuit Criminal Court, P.J. Friel Engineering Ltd pleaded guilty to one charge. On 29 April 2009, Mr Patrick Joseph Friel, the company director, instructed three employees of P.J. Friel Engineering Ltd to travel to Meenawaughran, Carrick, Co Donegal to remove old corrugated sheets from a round roof shed and replace them with new corrugated sheets and gutters. On 5 May 2009, in the course of carrying out the work, one of the employees fell from a ladder while he was carrying one end of a 12’ x 2’ corrugated sheet up to the roof, struck his head on the ground below, and suffered fatal injuries.

See also P.J. Friel

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Terralift (Ireland) Ltd

On 25 June 2014, at Monaghan Circuit Criminal Court, Terralift (Ireland) Ltd pleaded guilty to one charge. On 14 September 2010 an employee of Terralift (Ireland) Ltd was in the process of cleaning the roof and gutters on a warehouse in Tullynahatina, Castleblayney, Co Monaghan when he fell through a fragile roof light and was fatally injured.

See also Robert Woods

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Robert Woods

On 25 June 2014, at Monaghan Circuit Criminal Court, Robert Woods pleaded guilty to one charge. On 14 September 2010, Robert Woods, Plant Foreman, instructed three employees in the cleaning of a roof and gutters. An employee of Terralift (Ireland) Ltd was in the process of cleaning the roof and gutters on a warehouse in Tullynahatina, Castleblayney, Co Monaghan when he fell through a fragile roof light and was fatally injured.

See also Terralift (Ireland) Ltd

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AB Access Ltd

On 2 July 2014, at Naas Circuit Criminal Court, AB Access Ltd pleaded guilty to one charge. On 10 November 2010 AB Access Ltd, at a premises at Athy, Co Kildare, failed to ensure that a guard rail on a roof was so placed to prevent the fall of any employee.

See also BIS Willich Industrial Services Ltd

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BIS Willich Industrial Services Ltd

On 2 July 2014 at Naas Circuit Criminal Court, BIS Willich Industrial Services Ltd pleaded guilty to one charge. BIS Willich Industrial Services Ltd failed to manage and conduct its work activities in such a way so as to ensure the safety of their employees, and as a result an employee fell whilst removing sheeting from the roof of a premises in Athy, Co Kildare, and suffered fatal injuries.

See also AB Access Ltd

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Arrabawn Co-operative Society Limited, trading as Dan O’Connor Feeds

On 16 June 2014, at Limerick Circuit Criminal Court, Arrabawn Co-operative Society Limited, t/a Dan O’Connor Feeds, pleaded guilty to two charges. At Ballysimon Road, Limerick on 3 April 2012, the owner of a contract truck transport business which had been contracted by Dan O’Connor Feeds to transport animal feedstuffs from their manufacturing facility located at Ballysimon Road, Limerick, was loading up feedstuffs into his truck when his right arm was severed below the elbow after it came in contact with dangerous moving parts inside an unguarded opening of a chain conveyor.

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James Lambert

On 22 October 2014 at Dublin Circuit Criminal Court, the accused, a director of TBC Bar Ltd, was sentenced, having pleaded guilty to two charges. An employee of TBC Bar Ltd was fatally injured when he was crushed between the lift shaft and lift car of a goods lift on 23 August 2009 at The Blu Bar, Tuansgate, Tallaght, Dublin 24.

See also David McKee

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David McKee

On 22 October 2014 at Dublin Circuit Criminal Court, the accused was sentenced, having earlier pleaded guilty to three charges. An employee of TBC Bar Ltd was fatally injured when he was crushed between the lift shaft and lift car of a goods lift on 23 August 2009 at The Blu Bar, Tuansgate, Tallaght, Dublin 24.

See also James Lambert

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P. Elliott and Company Ltd

On 20 July 2010 at Dublin Circuit Criminal Court, P. Elliott and Company Ltd pleaded guilty to two charges. On 24 October 2006 at a construction site in Clare Hall, Dublin, an employee of a subcontractor of the accused was seriously injured when a steel reinforcement cage which was being lifted overhead fell from a crane. The crane was being used to transfer the steel cage from the roof where it was stored to ground level.

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