Prosecutions 2018

Summary	Indictment
AV Pound and Company Limited Ardkenna Agri Services Limited Holdensrath Quarry Limited Prosecution of an Individual Vitabond Ltd Prosecution of an Individual	Felix O’Hare and Co Limited McCarthy Greenbuild Construction Company Limited Leeside Cut & Core Contractors Limited Prosecution of an individual Tony Kirwan Civil Engineering Contractors Limited McKeon Stone Limited John Galvin Developments Limited O’Reilly Commercials Limited Navan Hire Hardware & Safety Training Limited

Felix O’Hare and Co Limited		On indictment
On the 12th February 2018, this case was heard in Dublin Circuit Criminal Court. Felix O’Hare Limited pleaded guilty to one charge. On the 21st February 2014, a member of the public suffered personal injury and died when Felix O’Hare and Co Limited at a construction site at Pier House, Harbour Road, Skerries, County Dublin failed to ensure that adequate controls were in place to protect pedestrians from the operations of a tracked excavator moving stones at the entrance of the site and specifically failed to erect appropriate barriers around the materials at the entrance of the construction site.
Contravention	Legislation	Verdict	Fine
Section 12 contrary to 77(9)(a)	Safety Health and Welfare at Work Act 2005	Pleaded Guilty	€25,000

McCarthy Greenbuild Construction Company Limited		On indictment
On the 19th February 2018, this case was heard in Cork Circuit Criminal Court. McCarthy Greenbuild Construction Company Limited pleaded guilty to one charge. On the 15th September 2014, a member of the public suffered personal injury and died when McCarthy Greenbuild Construction Company Limited at a construction site at Padrigin’s Pizza, St. Patrick’s Quay, Bandon, County Cork failed to ensure that the walls of a structure under construction at the site were of sufficient strength to withstand the load to which they were subjected and which wall subsequently collapsed.
Contravention	Legislation	Verdict	Fine
Section 12 contrary to 77(9)(a)	Safety Health and Welfare at Work Act 2005	Pleaded Guilty	€21,872

AV Pound and Company Limited		Summarily
On the 27th February 2018, this case was heard in Mallow District Court. AV Pound and Company Limited pleaded guilty to one charge. Between 1st January 2015 and the 31st January 2015, AV Pound and Company Limited, being a client within the meaning of the Safety, Health and Welfare at Work (Construction) Regulations 2013, failed to appoint in writing at or before the start of the design process, a competent Project Supervisor for the design process for the carrying out of the construction works at Gould’s Hill, Mallow, County Cork.
Contravention	Legislation	Verdict	Fine
Regulation 6(1)(a) as it relates to Regulation 6(3)(a) contrary to 77(2)(c)	Safety Health and Welfare at Work (Construction) Regulations 2013 Safety Health and Welfare at Work Act 2005	Pleaded Guilty	€750

Leeside Cut & Core Contractors Limited		On Indictment
On the 27th April 2018, this case was heard in Cork Circuit Criminal Court. Leeside Cut & Core Contractors Limited pleaded guilty to two charges. Between 21st January 2015 and 6th February 2015, at an office building at Gould’s Hill, Mallow, County Cork, Leeside Cut & Core Contractors Limited failed to manage and conduct work activity, specifically the carrying out of demolition work in the said premises in circumstances where there was asbestos containing materials present, in such a way as to ensure, insofar as was reasonably practicable, the safety, health and welfare of their employees, in that the demolition work was being carried out in an uncontrolled fashion causing damage to the asbestos containing ceiling tiles and floor tiles on the premises thereby exposing their employees to the risk of inhaling asbestos fibres.
Contravention	Legislation	Verdict	Fine
8(2)(a) contrary to 77(2)(a)	Safety Health and Welfare at Work Act 2005	Pleaded Guilty	€50,000
Regulation 7(a) contrary to 77(2)(c)	Safety Health and Welfare at Work (exposure to Asbestos Regulations) 2006 and 2010 Safety Health and Welfare at Work Act 2005	Pleaded Guilty	Taken into consideration

Prosecution of an individual		On Indictment
On the 4th May 2018, the case was heard in Letterkenny Circuit Court. The accused, an employer pleaded guilty to one charge. On the 13th March 2012 at Meenabool, Dunlewy, County Donegal, the accused failed to manage and conduct his undertaking in such a way that individuals at the place of work, who were not his employees, were not exposed to risks to their safety, health and welfare, in particular that he failed to take precautions in relation to plant, namely a crane working near overhead power lines or to ensure that said work was carried out safely and in accordance with ESB guidelines.
Contravention	Legislation	Verdict	Fine
Section 12 contrary to 77(2)(a)	Safety Health and Welfare at Work Act 2005	Pleaded Guilty	Sentenced to 12 months imprisonment suspended for 12 months

Tony Kirwan Civil Engineering Contractors Limited		On Indictment
On the 28th June 2018, this case was heard in Kilkenny Circuit Court. Tony Kirwan Civil Engineering Contractors Limited pleaded guilty to three charges. On the 25th April 2016, an employee suffered personal injury when Tony Kirwan Civil Engineering Contractors Limited at IDA Business Park, Purcellsinch, Dublin Road, Kilkenny failed to ensure that a safe system of work was in place to protect persons working inside a trench box within an excavation from being struck by falling materials.
Contravention	Legislation	Verdict	Fine
Section 8(2)(e) contrary to 77(9)(a)	Safety Health and Welfare at Work Act 2005	Pleaded Guilty	€200,000
Regulation 51(1)(a) contrary to Section 77(9)(a)	Safety Health and Welfare at Work (Construction) Regulations 2013 Safety Health and Welfare at Work Act 2005	Pleaded Guilty	Taken into consideration
Regulation 52(3) contrary to Section 77(2)(c)	Safety Health and Welfare at Work (Construction) Regulations 2013 Safety Health and Welfare at Work Act 2005	Pleaded Guilty	Taken into consideration

McKeon Stone Limited		On Indictment
On the 29th June 2018, this case was heard in Kilkenny Circuit Court. McKeon Stone Limited pleaded guilty to one charge. On the 25th April 2016, an employee suffered person injury and died when McKeon Stone Limited at Kilaree Quarry, Threecastles, County Kilkenny failed to manage work practices in that the work was being carried out by employees on the edge of a quarry face without any harness or lanyards or other fall protection measures.
Contravention	Legislation	Verdict	Fine
Section 8(1) and 8(2)(a) contrary to 77(9)(a)	Safety Health and Welfare at Work Act 2005	Pleaded Guilty	€175,000

John Galvin Developments Limited		On Indictment
On the 18th July 2018, this case was heard in Tralee Circuit Court. John Galvin Developments Limited pleaded guilty to four counts. On the 13th August 2014 at 12 Ross Road, Killarney, County Kerry, failed to manage and conduct work activity, namely the carrying out of work at height, in such a way to ensure as far as was reasonably practicable, the safety, health and welfare at work of its employees, in that no measures were put in place to prevent its employees falling from a height or to protect against the consequences of such a fall and as a consequence an employee suffered personal injury. John Galvin Developments Limited also failed to ensure that suitable and sufficient work equipment was provided to prevent a fall occurring and as a consequence a person suffered person injury.
Contravention	Legislation	Verdict	Fine
Section 8(1) and 8(2)(a) contrary to 77(2)(a)	Safety Health and Welfare at Work Act 2005	Pleaded Guilty	Taken into consideration
Section 8(1) and 8(2)(a) contrary to 77(9)(a)	Safety Health and Welfare at Work Act 2005	Pleaded Guilty	€50,000
Regulation 100 in breach of Regulation 98(c)(ii) 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	Taken into consideration
Regulation 100 in breach of Regulation 98(c)(ii) contrary to Section 77(9)(a)	Safety Health and Welfare at Work (General Application) Regulations 2007 Safety Health and Welfare at Work Act 2005	Pleaded Guilty	€50,000

O’Reilly Commercials Limited		On Indictment
O’Reilly Commercials Limited was found guilty of one charge in Dublin Circuit Criminal Court on 27 March 2013. Sentence was imposed on 29th July 2013. Between the 5th and 6th August 2005, both days inclusive, at Ballinalack, Mullingar, County Westmeath, O’Reilly Commercials Limited did fail to conduct its undertaking in such a way as to ensure, so far was reasonably practicable, that persons not in its employment who may be affected thereby were not exposed to risks to their safety, or health in that, while conducting a vehicle test in respect of bus 89 WD 2218 pursuant to the European Communities (Vehicle Testing) Regulations 1981 to 2008, O’Reilly Commercials Limited failed to note the modified rear suspension in the said vehicle. O’Reilly Commercials Limited appealed the conviction and on the 3rd October 2018 the Court of Appeal dismissed the Appeal.
Contravention	Legislation	Verdict	Fine
Section 7 (1) contrary to Section 48(1)	Safety Health and Welfare at Work Act 1989	Guilty	€25,000

Navan Hire Hardware & Safety Training Limited		On Indictment
On the 27th November 2018, this case was heard in Trim Circuit Court. Navan Hire Hardware & Safety Training Limited pleaded guilty to two charges. On the 16th January 2016, an employee of Navan Hire Hardware & Safety Training Limited suffered personal injury and died when a Neilsen Hydraulic Press fell from the forks of a forklift which was being used to transport it. Navan Hire Hardware & Safety Training Limited also failed to provide to its employee, the information, instruction, training and supervision necessary for the operation of a forklift truck to lift and transport a Hydraulic Press.
Contravention	Legislation	Verdict	Fine
Section 8(1) and 8(2)(e) contrary to 77(9)(a)	Safety Health and Welfare at Work Act 2005	Pleaded Guilty	€50,000
Section 8(1) and 8(2)(g) contrary to 77(2)(a)	Safety Health and Welfare at Work Act 2005	Pleaded Guilty	€50,000

Ardkenna Agri Services Limited		Summary
On 19th January 2018 this case was heard in Bandon District Court, Cork. Ardkenna Agri Services Ltd pleaded guilty to one charge. On 16th Sept 2016 an employee suffered personal injury when cleaning a blockage in a combine harvester.
Contravention	Legislation	Verdict	Fine
Section 8(2)(a) Contrary to 77(9)(a)	Safety, Health and Welfare at Work Act 2005	Guilty	€3,250

Holdensrath Quarry Limited		Summary
On 6th February 2018 this case was heard at Kilkenny District Court, Kilkenny. Holdensrath Quarry Limited pleaded guilty to two charges. On 29th Aug 2016 an employee suffered personal injury when quarrying stone.
Contravention	Legislation	Verdict	Fine
Section 8(2)e Safety, Health and welfare at Work Act, 2005 contrary to Section 77(2)(a)	Safety, Health and welfare at Work Act, 2005	Guilty	€2,000
Section 19 Safety, Health and welfare at Work Act, 2005 contrary to Section 77(2)(a)	Safety, Health and welfare at Work Act, 2005	Guilty	€2,000

Prosecution of an Individual		Summary
On 28th June 2018 this case was heard in Mullingar District Court, Co Westmeath. The accused pleaded guilty to one charge. On 11th April 2017 a person suffered personal injury when assisting in the process of felling trees.
Contravention	Legislation	Verdict	Fine
Section 12 contrary to Section 79 (9)(a)	Safety Health & Welfare at Work Act 2005	Guilty	€500

Vitabond Ltd		Summary
On 5th September 2018 this case was heard in District Court, Co Westmeath. Vitabond Limited pleaded guilty to one charge. On 28th June 2017 an employee suffered personal injury when he fell from a height when carrying out maintenance work.
Contravention	Legislation	Verdict	Fine
Section 8(2)(e) contrary to Section 77(9)(a)	Safety Health &Welfare at Work Act 2005	Guilty	€500

Prosecution of Individual		Summary
On 22nd November 2018, this case was heard in District Court, Co Westmeath. The accused and employer pleaded guilty to one charge. On 3rd October 2017 an employee suffered personal injury when he fell form a height when carrying out construction work.
Contravention	Legislation	Verdict	Fine
Section 8(2)a contrary to Section 77(9)a	Safety Health & Welfare at Work Act 2005	Guilty	€100