Prosecutions 2017

Summary	Indictment
G Bruss GmbH Grafton Merchanting ROI Limited O B Heating and Plumbing Supplies Limited Roadmarkers Lining Limited Schiele and McDonald Mushrooms Limited	Aer Lingus Limited Bryan & Coakley Limited t/a B & C Services East Coast Kitchen Factory Limited Ellickson Engineering Limited Forde Dismantlers Limited Kilsaran Concrete Kilsaran Concrete Knauf UK GMBH Premier Periclase Limited Thompson Butler Steel Wayss & Freytag Ingenieurbau Ag Dunmore East Adventure Centre Limited Prosecution of an Individual

Aer Lingus Limited		On indictment
On 20 March 2017 this case was heard in Dublin Circuit Criminal Court. Aer Lingus Limited pleaded guilty to one charge. On 5 November 2014 Aer Lingus Limited failed to manage and conduct their undertaking such that individuals at the place of work, who were not their employees, were exposed to risks to their safety, health and welfare, in that appropriate measures to address certain risks at the place of work were not implemented. In particular, they failed to implement their own written procedures dealing with driver access to the loading bays and warehouse, in that persons gained access by climbing up onto the loading bay rather than using the adjoining pedestrian door.
Contravention	Legislation	Verdict	Fine
Section 12 contrary to section 77(2)(a)	Safety Health and Welfare at Work Act 2005	Pleaded guilty	€250,000

Bryan & Coakley Limited t/a B & C Services		On Indictment
On 7 February 2017 this case was heard in Cork Circuit Criminal Court. Bryan & Coakley Limited t/a B & C Services pleaded guilty to one charge. On 18 November 2015 at premises at Unit 5, Marlhill Court, Foxhole Industrial Estate, Youghal, County Cork, an employee suffered personal injury and died when a metal drum (of 45 gallon capacity) which had previously contained waste engine oil, exploded when the employee attempted to cut the lid off the drum using a plasma cutter.
Contravention	Legislation	Verdict	Fine
Section 8(2)(e) contrary to Section 77(9)(a)	Safety Health and Welfare at Work Act 2005	Pleaded guilty	€10,000

East Coast Kitchen Factory Limited		On indictment
On 12 October 2017, this case was heard in Dublin Circuit Criminal Court. East Coast Kitchen Factory Limited pleaded guilty to one charge. On 23 July 2015, East Coast Kitchen Factory Limited failed to provide a system of work in relation to the operation of an Altendorf F45 Sliding Table Saw by failing to provide an adequate guarding system as a consequence of which an employee suffered person injury, namely the amputation of three fingers.
Contravention	Legislation	Verdict	Fine
Section 8(2)(e) contrary to Section 77(9)	Safety Health and Welfare at Work Act 2005	Pleaded guilty	€5,000

Ellickson Engineering Limited		On indictment
On 5 July 2017, this case was heard in Tralee Circuit Court. There was no appearance on behalf of Ellickson Engineering Limited. In or about the month of April 2004 at Killarney Plaza Hotel, Killarney a passenger lift was installed for use at that place and Ellickson Engineering Limited failed to ensure as far as is reasonably practicable, that nothing about the way in which the article was erected or installed made it unsafe, or a risk to health when in use at a place of work, namely a safety electric system for the refuge space safety system for maintenance personnel was not installed.
Contravention	Legislation	Verdict	Fine
Section 10(3) contrary to Section 48(1)(a) and Section 49(2)	Safety, Health and Welfare at Work Act 1989	Guilty	€750,000

Forde Dismantlers Limited		On indictment
On 20 July 2017, this case was heard in Galway Circuit Court. Forde Dismantlers Limited pleaded guilty to one charge. On 22 July 2015, an employee of Forde Dismantlers Limited suffered personal injury and died while removing a rear suspension leaf spring from an Isuzu motor truck at their premises at Cahermorris, Corrandulla, County Galway.
Contravention	Legislation	Verdict	Fine
Section 8(2)(a) contrary to Section 77(9)(a)	Safety Health and Welfare at Work Act 2005	Pleaded guilty	€15,000

Kilsaran Concrete		On indictment
On 18 February 2016 this case was heard in Trim Circuit Court. Kilsaran Concrete (Unlimited Company) pleaded guilty to one charge. On 6 September 2011 at Piercetown, Dunboyne, County Meath, Kilsaran Concrete failed to manage and conduct work activities, in particular, the manufacture of concrete kerbs in a wet-cast plant at the place of work in such a way as to ensure, so far as was reasonably practicable, the safety, health and welfare at work of their employees, in that employees were working inside the guarded safety area of the wet-cast production or casting line while the line was operational and as a consequence, an employee suffered personal injury and died. Kilsaran Concrete was fined €125,000 in Trim Circuit Court. The DPP sought a review of the sentence on the grounds of undue leniency and on 6 April 2017 the Court of Appeal increased the fine to €1,000,000.
Contravention	Legislation	Verdict	Fine
Section 8(2)(a) contrary to Section 77(9)(a)	Safety Health and Welfare at Work Act 2005	Pleaded guilty	€1,000,000

Kilsaran Concrete		On indictment
On 10 November 2017 this case was heard in Trim Circuit Court. Kilsaran Concrete (Unlimited Company) pleaded guilty to one charge. On 15 May 2014, at Piercetown, Dunboyne, County Meath, Kilsaran Concrete failed to provide systems of work in relation to the cleaning of a machine known as a doser in the wet-cast production plant and an employee suffered personal injury, namely the amputation of four fingers on his left hand.
Contravention	Legislation	Verdict	Fine
Section 8(2)(e) contrary to Section 77(9)(a)	Safety, Health and Welfare at Work Act 2005	Pleaded guilty	€125,000

Knauf UK GMBH		On Indictment
On 23 October 2017 this case was heard in Dublin Circuit Criminal Court. Knauf UK GMBH pleaded guilty to one charge. On 5 March 2014 a non-employee suffered personal injury and died when Knauf UK GMBH at their premises at Unit 7, Broomhill Road, Tallaght, Dublin 24 failed to ensure that adequate controls were in place to protect pedestrians from the movement of vehicles in the yard.
Contravention	Legislation	Verdict	Fine
Section 12 contrary to 77(9) (a)	Safety Health and Welfare at Work Act 2005	Pleaded guilty	€40,000

Premier Periclase Limited		On Indictment
On 10 February 2017 this case was heard in Dundalk Circuit Court. Premier Periclase Limited pleaded guilty to one charge. On 30 October 2014 an employee suffered personal injury and died whilst carrying out clearing of limestone blockages in a preheater which clearing was carried out at a height and from a ladder inside the preheater wherein there was an ongoing risk of being hit or struck by falling material.
Contravention	Legislation	Verdict	Fine
Section 8(2)(e) contrary to Section 77(9)(a)	Safety, Health and Welfare at Work Act 2005	Pleaded guilty	€100,000

Thompson Butler Steel		On Indictment
On 4 July 2017 this case was heard in Roscommon Circuit Court. Thompson Butler Steel Limited pleaded guilty to one charge. On 13 November 2014 at Clover Hill, Ballaghderreen, County Roscommon, Thompson Butler Steel Limited failed to manage and conduct work activity, namely the stacking and storage of bundles of steel tubing in racking bays in such a way as to ensure, as far as is reasonably practicable, the safety, health and welfare of its employees in that there was insufficient containment and protective measures to protect employees in the event of inadvertent movement or collapse of steel stock and as a consequence an employee suffered personal injury and died.
Contravention	Legislation	Verdict	Fine
Section 8(2)(a) contrary to Section 77(9)(a)	Safety, Health and Welfare at Work Act 2005	Pleaded guilty	€54,000

Wayss & Freytag Ingenieurbau Ag		On Indictment
On 13 June 2017 this case was heard in Castlebar Circuit Court. Wayss & Freytag Ingenieurbau Ag pleaded guilty to two charges. On 8 September 2013 at the Corrib Gas Tunnel, Aughoose, Ballina, County Mayo, Wayss & Freytag Ingenieurbau Ag failed to ensure that a tunnel boring machine being operated in the tunnel was stopped from operating while a person was carrying out maintenance work in the gear chamber of the said tunnel boring machine and failed to ensure that maintenance work in the gear chamber of the tunnel boring machine was carried out when the said machine was shut down.
Contravention	Legislation	Verdict	Fine
Section 12 contrary to Section 77(2)(a)	Safety, Health and Welfare at Work Act 2005	Pleaded guilty	€200,000
Regulation 31(b) contrary to Section 77(2)(c)	Safety, Health and Welfare at Work (general application) Regulations 2007 Safety, Health and Welfare at Work Act 2005	Pleaded guilty	€100,000

Dunmore East Adventure Centre Limited		On Indictment
At a hearing of Waterford District Court held on 24 February 2017 Dunmore East Adventure Centre Limited pleaded guilty to two contraventions of the Safety, Health and Welfare at Work Act 2005 and one contravention of the Safety Health and Welfare at Work (General Application) Regulations 2007. The case arose from the investigation of an incident on 17 of November 2015 in which an employee fell from an unsecured ladder, while accessing a mezzanine loft area and sustained injuries which subsequently proved fatal. Costs of €3,200 were awarded.
Contravention	Legislation	Verdict	Fine
Regulation 114(e), contrary to Section 77(9)(a)	Safety, Health and Welfare at Work (General Application) Regulations 2007	Pleaded guilty	€4,000
Section 19(1) contrary to section 77(9)(a)	Safety, Health & Welfare at Work Act 2005	Pleaded guilty	€4,000
Section 8(2)(c)(ii) contrary to section 77(9)(a)	Safety, Health & Welfare at Work Act 2005	Pleaded guilty	€4,000

Prosecution of an Individual		On Indictment
The case was heard in the Circuit Court where an individual pleaded guilty to one charge contrary to Section 14(b) and Section 77(9)(a) of the Safety, Health and Welfare at Work Act 2015 in that (s)he permitted persons to work inside the guard of a machine and as a consequence a person suffered a fatal injury.
Contravention	Legislation	Verdict	Fine
Section 14(b) contrary to Section 77(9)(a)	Safety, Health and welfare at Work Act 2005	Pleaded guilty	€10,000

G Bruss GmbH		Summary
This case was heard on 6 June 2017 at Sligo District Court, Courthouse, Teeling St, Sligo. G Bruss GmbH pleaded guilty to two contraventions of the Safety Health and Welfare at Work Act 2005 and two contraventions of the Safety Health and Welfare at Work (General Application) Regulations 2007. This case arose from the investigation of an incident that occurred on 31 January 2016 when an employee suffered serious injuries while operating an electrically powered gate. The employee became trapped between the gate and a fixed steel upright. Costs of €3,567 were awarded.
Contravention	Legislation	Verdict	Fine
Section 8(2)(c)iii contrary to Section 77(9)(a)	Safety, Health & Welfare at Work Act 2005	Pleaded guilty	€4,000
Section 19(1) contrary to Section 77(2)(a)	Safety, Health & Welfare at Work Act 2005	Pleaded guilty	€4,000
Regulation 11(h)(i) contrary to Section 77(2)(c) of the Act	Safety, Health and Welfare at Work (General Application) Regulations 2007	Pleaded guilty	€4,000
Regulation 33(e) contrary to Section 77(2)(c) of the Act	Safety, Health and Welfare at Work (General Application) Regulations 2007	Pleaded guilty	€4,000

Grafton Merchanting ROI Limited		Summary
On the 25 July 2017 this case was heard before Mallow District Court. Grafton Merchanting ROI Limited pleaded guilty to two charges. On the 19 September 2013 at premises at Shortcastle Street, Mallow, County Cork, a customer suffered personal injury when struck by a reversing forklift truck while walking across the yard.
Contravention	Legislation	Verdict	Fine
Section 12 contrary to Section 77(9)(a)	Safety Health and Welfare at Work Act 2005	Pleaded guilty	€500
Regulation 41(a) contrary to Section 77(2)(a)	Safety, Health and Welfare at Work Act (General Application) Regulations 2007 Safety, Health and Welfare at Work Act 2005	Pleaded guilty	€500

O B Heating and Plumbing Supplies Limited		Summary
This case was heard on 21 June 2017 at Cork District Court, County Cork. This case arose from the investigation of an incident that occurred on the 17 May 2016 when an employee suffered fatal injuries when he fell from a pallet placed on the forks of a fork-lift.
Contravention	Legislation	Verdict	Fine
Section 77(9)(a)	Safety, Health and welfare at Work Act 2005	Pleaded guilty	€2,500

Roadmarkers Lining Ltd		Summary
Roadmarkers Lining Ltd pleaded guilty to contraventions of the Safety, Health and Welfare at Work Act 2005 and the Safety, Health and Welfare at Work (Construction) Regulations 2013 at a hearing of Mallow District Court held on 30 January 2017. The case arose following an investigation after an employee was struck by a car while placing road markings on the N20 at Charleville, County Cork on 22 March 2015. Expenses of €5,330 were awarded.
Contravention	Legislation	Verdict	Fine
Section 8(2)(a) contrary to section 77(9)(a)	Safety, Health and Welfare at Work Act 2005	Pleaded guilty	€1,000
Regulation 97(1)(a)(i) contrary to section 77(2)(a)	Safety, Health and Welfare at Work Act 2005	Pleaded guilty	Taken into consideration

Schiele and McDonald Mushrooms Limited		Summary
On 25 January 2017 at Tipperary Town District Court Schiele and McDonald Mushrooms Limited pleaded guilty to two contraventions of the Safety, Health and Welfare at Work Act 2005. The case arose from an investigation after an employee’s arm was caught in an unguarded winch roller used to pull netting on 10 July 2015. Costs of €3,500 and expenses of €703 were awarded.
Contravention	Legislation	Verdict	Fine
Section 8(2)(e) contrary to section 77(2)(a)	Safety, Health and Welfare at Work Act 2005	Pleaded guilty	€2,000
Section 8(2)(e) contrary to section 77(9)(a)	Safety, Health and Welfare at Work Act 2005	Pleaded guilty	€2,000