Prosecutions 2016

Summary	Indictment
Olema Consultants Limited Liffey Meats ULC Crana Joinery Manufacturing Limited Mullally Scaffolding Limited Avoca Agri Limited Skaters Ltd Eirebloc Limited	Cork County Council VF Cold Stores Limited Michael Quigley t/a Castle Oils RSJ Civil Limited Celtic Chocolates Limited Vincent Ruane Construction Limited Naas Farm Machinery Limited

Cork County Council		On indictment
On the 10 February 2016, this case was heard in Cork Circuit Criminal Court. Cork County Council pleaded guilty to one charge. On the 23 November 2012, at Carr’s Hill, Douglas, County Cork, Cork County Council failed to manage and conduct a work activity, namely the felling of trees using a chainsaw, in such a way so as to ensure as far as reasonably practicable, the safety health and welfare at work of employees, by failing to provide adequate appropriate equipment.
Contravention	Legislation	Verdict	Fine
Section 8(2)(a) contrary to section 77(2)(a)	Safety Health and Welfare at Work Act 2005	Pleaded guilty	€48,000

Olema Consultants Limited		Summary
This case was heard before Dublin District Court on 8 and 9 March 2016. The company were found guilty on six charges and fines totalling €18,000 were imposed on Olema Consultants Ltd. The case arose following an investigation by the HSA into an accident where an employee of Olema Consultants Ltd working on the construction site, fell from a height when he was erecting scaffolding. The accident happened on 6 May 2014 at the rear of the Harcourt Hotel.
Contravention	Legislation	Verdict	Fine
Regulation 8 (2) (a) as it relates to 77(2)(a)	Safety Health and Welfare at Work Act 2005	Pleaded guilty	€3,000
Regulation 8 (2) (a) as it relates to 77(9)(a)	Safety Health and Welfare at Work Act 2005	Pleaded guilty	€3,000
Regulation 8 (2) (c)(iii) as it relates to 77(2)(a)	Safety Health and Welfare at Work Act 2005	Pleaded guilty	€3,000
Regulation 8 (2) (e) as it relates to 77(2)(a)	Safety Health and Welfare at Work Act 2005	Pleaded guilty	€3,000
Regulation 8 (2) (g) as it relates to 77(2)(a)	Safety Health and Welfare at Work Act 2005	Pleaded guilty	€3,000
Regulation 25(1)(b) as it relates to 77(2)(c)	Safety Health and Welfare at Work (Construction) Regulations 2013	Pleaded guilty	€3,000

VF Cold Stores Limited		On indictment
On the 6 May 2016, this case was heard in Dublin Circuit Criminal Court. VF Cold Stores Limited pleaded guilty to two charges. On the 28 November 2013, an employee of VF Cold Stores Limited suffered personal injury and died when alterations to racking in a room on the premises of VF Cold Stores Limited at Jamestown Business Park, Jamestown Road, Dublin 11, were being carried out whilst the upper three levels of the racking were fully loaded and the fork lift was being operated by an untrained operative.
Contravention	Legislation	Verdict	Fine
Section 8(2)(a) contrary to section 77(9)(a)	Safety Health and Welfare at Work Act 2005	Pleaded guilty	€100,000
Section 8(2)(g) contrary to section 77(2)(a)	Safety Health and Welfare at Work Act 2005	Pleaded guilty	€100,000

Michael Quigley t/a Castle Oils		On indictment
On the 11 May 2016, this case was heard in Dundalk Circuit Court. Michael Quigley t/a Castle Oils pleaded guilty to three charges. On the 17 December 2010, Michael Quigley t/a Castle Oils failed to manage and conduct work activity in and about the care, control and management of a bulk petrol storage facility, at Castle Roche, Hackballscross, Dundalk, in such a way as to ensure, so far as was reasonably practicable, the safety, health and welfare at work of his employees. Michael Quigley t/a Castle Oils also failed to have in place a risk assessment for the loading of petroleum products into road tankers at the premises and failed to ensure that all storage tanks at the premises containing petroleum products were separately and suitably vented to atmosphere.
Contravention	Legislation	Verdict	Fine
Section 8(1) contrary to section 77(2)(a)	Safety Health and Welfare at Work Act 2005	Pleaded guilty	€7,000
Section 19(1) contrary to section 77(2)(a)	Safety Health and Welfare at Work Act 2005	Pleaded guilty	€7,000
Section 21(1)(g)(vi) contrary to section77(2)(c)	Dangerous Substances (Petroleum Bulk Store) Regulations 1979	Pleaded guilty	€7,000

RSJ Civil Limited		On indictment
This case was heard in Dublin Circuit Criminal Court on 12 May 2016. RSJ Civil Limited pleaded guilty to one charge. On the 12 June 2012, RSJ Civil Limited failed to provide systems of work that were planned, organised, performed, maintained and revised in such a way as to ensure, so far as was reasonably practicable the safety, health and welfare at work of its employees in relation to the carrying out of works to manholes on a public road at Kill Avenue, Dun Laoghaire, County Dublin, in that no advance warning signs, no safety exclusion zones and insufficient cones were in place. An employee suffered personal injury and died.
Contravention	Legislation	Verdict	Fine
Section 8(2)(e) contrary to section 77(9)(a)	Safety Health and Welfare at Work Act 2005	Pleaded guilty	€30,000

Celtic Chocolates Limited		On indictment
On 6 June 2016, this case was heard in Trim Circuit Court. Celtic Chocolates Limited pleaded guilty to one charge. On 13 October 2014 an employee suffered amputation to his thumb whilst carrying out non-routine maintenance on a compressor in the plant room of Celtic Chocolates Limited at Main Street, Summerhill, County Meath.
Contravention	Legislation	Verdict	Fine
Section 8(2)(e) contrary to section 77(9)(a)	Safety Health and Welfare at Work Act 2005	Pleaded guilty	€30,000

Vincent Ruane Construction Limited		On indictment
This case was heard in Longford Circuit Court on 14 July 2016. Vincent Ruane Construction Limited pleaded guilty to one charge. On dates between 23 January 2012 and 31 March 2012 Vincent Ruane Construction Limited carried out construction work being the construction of an internal blockwork wall at the Connacht Gold Building in Longford. They failed to ensure that all practicable precautions were taken by shoring or otherwise to prevent danger to any person at work from the fall of part of a building or structure where work was likely to reduce the security or stability of a structure in the course of construction work. There was a failure to provide restraints at the head and end of an internal block wall.
Contravention	Legislation	Verdict	Fine
Regulation 44(d) and section 77(2)(c) of the Safety Health and Welfare at Work Act 2005	Safety Health and Welfare at Work (Construction Regulations) 2006	Pleaded guilty	€250,000

Liffey Meats ULC		Summary
This case was heard in Virginia District Court, Cavan on the 19 July 2016. Liffey Meats pleaded guilty to two charges: Failure to provide information, training and supervision and failure to provide and maintain suitable PPE. The investigation arose following an accident on 12 March 2015 when an employee was working in a laboratory and an agar jar exploded / disintegrated which caused injuries leading to loss of an eye.
Contravention	Legislation	Verdict	Fine
Section 8(2)(i) contrary to Section 77(9)(a)	Safety Health and Welfare at Work Act 2005	Pleaded guilty	€2,000

Crana Joinery Manufacturing Limited		Summary
On 27 September 2016, this case was heard at Buncrana District Court. Crana Joinery Manufacturing Limited pleaded guilty to two charges, namely failing to provide and maintain machinery that is safe and failure to have a written risk assessment and safety statement. On 3 December 2014, an accident occurred to an employee kitchen maker, who was making a large piece of curved cornice on a Gomad FD-2 spindle moulder, with no guard, which resulted in serious (hand / finger) injuries.
Contravention	Legislation	Verdict	Fine
Section 8(2)(c)(iii) contrary to Section 77(9)(a)	Safety, Health and Welfare at Work Act 2005	Pleaded guilty	€1,000
Section 19(1) contrary to Section 77(2)(a)	Safety, Health and Welfare at Work Act 2005	Pleaded guilty	€500

Mullally Scaffolding Limited		Summary
On the 14 October 2016 this case was heard in Waterford District Court. Mullally Scaffolding Limited pleaded guilty on two charges and were convicted of failing to manage their undertaking in such a way that individuals at the place of work were not exposed to risks to their safety, a consequence of which was that a member of the public suffered personal injury and also the charge of failing to ensure the design, provision and maintenance of a safe means of access to and egress from a place of work. The case arose from an accident on the 11 May 2015, where a member of the public was struck on the head by a scaffold board which fell from a height, when scaffolding was being erected on the construction site
Contravention	Legislation	Verdict	Fine
Section 12 contrary to S77 (9) (a)	Safety, Health and Welfare at Work Act 2005	Pleaded guilty	€1,500

Avoca Agri Limited		Summary
This case was heard at Arklow District Court, Co. Wicklow on 19 October 2016. This case arose from an incident which occurred on 14 July 2015. Avoca Agri Ltd. failed to comply with health and safety regulations when an employee received injuries to his left hand while removing a stone from the base of a screw auger/conveyor.
Contravention	Legislation	Verdict	Fine
Regulation 33(e)	Safety, Health and Welfare at Work (General Application) Regulations 2007	Pleaded guilty	€500

Skaters Ltd		Summary
On 17 November 2016, this case was heard at Cavan District Court. Skaters Ltd pleaded guilty to two charges of failing on 6 May 2015 to provide information, instruction, training and supervision thereby causing personal injury to an employee whose hands were injured by machine rollers and failure to bring to attention the safety statement to the attention of a newly recruited employee.
Contravention	Legislation	Verdict	Fine
Section 8(2)(g) of the Safety, Health & Welfare at Work Act 2005 contrary to Section 77(9)(a)	Safety, Health & Welfare at Work Act 2005	Pleaded guilty	€2,000

Naas Farm Machinery Limited		On indictment
This case was heard in Naas Circuit Court on 1 December 2016. Naas Farm Machinery Limited pleaded guilty to four charges. On the 29 October 2014 at its premises at Maudlins Industrial Estate, Monread Road, Naas, County Kildare, Naas Farm Machinery Limited failed to ensure that no person under 18 years of age was employed to operate lifting equipment, employees were not provided with supervision and training necessary and work at height was not properly planned or appropriately supervised.
Contravention	Legislation	Verdict	Fine
Section 8(2)(g) contrary to section 77(2)(a)	Safety Health and Welfare at Work Act 2005	Pleaded guilty	€1,500
Section 8(2)(g) contrary to section 77(2)(a)	Safety Health and Welfare at Work Act 2005	Pleaded guilty	€1,500
Regulation 95(1)(a) contrary to section 77(2)(c)	Safety Health and Welfare at Work (General Application) Regulations 2007	Pleaded guilty	€1,500
Regulation 51(b) contrary to section 77(2)(c)	Safety Health and Welfare at Work (General Application) Regulations 2007	Pleaded guilty	€1,500

Eirebloc Limited		Summary
This case was heard in Bandon District Court, Cork on the 9 December 2016. Eirebloc Limited pleaded guilty to two charges and was fined €3,500. On 27 October 2015 Eirebloc Limited failed to provide a written risk assessment associated with the movement and storage of forming moulds and a mould guide at its factory premises. The case arose following a fatal accident to a part-time student employed since 2012, when loading a number of moulds onto the side of a 40ft curtain-sided trailer in the factory yard with a forklift.
Contravention	Legislation	Verdict	Fine
Section 8(2)(a) contrary to section 77(2)(a)	Safety Health and Welfare at Work Act 2005	Pleaded guilty	€2,500
Section 19(1) contrary to Section 77(2)(a)	Safety Health and Welfare at Work Act 2005	Pleaded guilty	€1,000