By a strange coincidence last Friday two companies were, following accidents which resulted in workers’ having their legs amputated, convicted and fined by the Circuit Criminal Court for failing to, in so far as reasonably practicable, manage and conduct their work activities so as the ensure the safety, health and welfare of their employees.
THE CORK CASE
A plant hire company, which was engaged in clearing trees and bushes on a construction site was fined €80,000 following an accident in which a worker’s leg had the be amputated from the knee after a reversing excavator landed on his leg. Imposing the fine, Judge Sean O’Donnabhain, sitting in Cork Circuit Court said there was a complete lack of supervision on the site.
The court heard evidence from HSA inspector Frances Murphy that four people were working on the site where trees and bushes were being cut and removed and overhead powerlines were being run underground. Ms Murphy told the court the injured worker who suffered from a hearing impairment, was feeding branches into a mulching machine when an excavator being used on another part of the site reversed into him, when it was either behind him or at his side. The inspector said the worker was struck when the excavator reversed and his legs were trapped under the machine’s tracks. The worker was not wearing a high-vis jacket. He lost his leg from the knee down, she told the court.
The company pleaded guilty to two charges:
Failing, in so far as reasonably practicable, to manage and conduct its work activities in such a way as to ensure the safety, health and welfare at work of employees, contrary to the SHWW Act 2005, section 8(2)(a)
Failing, as a contractor, to ensure that a person working under its control on a construction site was in possession of a valid safety awareness (Safe Pass) card, as required by the Construction Regulations 2013, regulation 25(1)(a).
Speaking after the case, HSA chief inspector Mark Cullen said, “It is important that employers and employees engaged in work activities, where heavy machinery is involved, ensure that there are appropriate safe systems of work in place. Failure to do so, in this case, led to a serious incident and severe consequences for the injured employee.” (DPP for HSA v Tom Lynes Plant Hire Ltd: Cork Circuit Criminal Court, February 2021)
THE SLIGO CASE
A company, which describes itself as a ‘heavy lifting solutions provider’, was fined €30,000 at Sligo Circuit Criminal Court last month after it pleaded to health and safety offences following an accident which resulted in a worker’s right leg having to be amputated after a steel beam fell on his leg.
The case arose following an incident at a factory premises. The court heard that the company had been contracted to erect a crane inside the factory premises. The accident was, the court heard, the result of the company’s failure to ensure that lifting operations involved in the movement and attachment of a jib section of the crane were not planned appropriately, supervised and carried out so as to protect the safety of employees. In particular lifting operations were not planned appropriately in relation to people working in the vicinity of the jib section which was unsupported and as result fell on the worker’s leg.
The company pleaded guilty to two charges:
Failing, in so far as reasonably practicable, to manage and conduct its work activities in such a way as to ensure the safety, health and welfare at work of employees, contrary to the SHWW Act 2005, section 8(2)(a)
Failing to ensure that the lifting operation was planned, appropriately supervised and carried out to protect the safety of employees, contrary to the General Application (Use of Work Equipment) Regulations; regulation 42(a) work equipment for lifting loads.
Speaking after the case, HSA chief inspector Mark Cullen said “The circumstances of this accident, which resulted in an employee receiving serious personal injuries, should be warning to all employers to make sure that they manage and conduct their work activities to ensure the safety of their employees. It is important to ensure that contractors can manage and conduct all their work activities in a safe manner. In particular, as can be seen by this tragic case, it is important that safe systems of work are in place to ensure that persons carrying out the work can do so in a safe manner.” (DPP for HS v Jackson Engineering (Castlebar) Ltd: Sligo Circuit Criminal Court, February 2021)
Source: Health and Safety Review
