17.07.2003

Fall from height fatality results in record fine for Irish firm

Oran Pre-Cast Concrete of Galway, Ireland, has been fined €500,000 by Castlebar Criminal Court, for breaches of health and safety legislation. The fine, the highest ever handed down by the courts, followed an investigation by Ireland’s Health and Safety Authority (HSA) into the death of twenty-five year old Thomas Farragher who fell approximately 9 metres to his death while replacing a damaged roof gutter on a building in Charlestown, County Mayo in September, 2001. An elevated work platform was used to gain access to the roof.

The HSA’s investigation found that Oran Pre-Cast Concrete the had failed to provide Farragher with adequate training in fall protection. The company pleaded guilty to breaches of the Safety, Health and Welfare at Work Act, 1989 and the Safety, Health and Welfare at Work (Construction) Regulations, of 1995. Judge Harvey Kenny stated that this case indicated a need for the legislature to now consider other penalties for such offences.

Commenting on the ruling, Tom Beegan, chief executive of HSA said: “This is a landmark judgement. The level of the fine imposed by the Court underlines the truly criminal nature of businesses who fail to protect the safety of workers. I welcome this case as an important vindication of the Authroity’s ongoing commitment to the investigation and pursuit of those who commit health and safety offences.”

The HSA reported that the number of prosecutions issued as a result of its investigations has more than doubled since 1997 and that there are currently 25 cases awaiting trial in the Circuit Criminal Court.

“This case once again illustrates the urgent need for employers and employees to recognise the huge risks involved in working at a height,” warned Beegan. “The HSA seeks to support businesses in their efforts to achieve best practise in safety management through the publication of Codes of Practise and Guidelines. However, we will vigorously pursue those businesses and workers who do not respect health and safety law.”

Castlebar Circuit Criminal Court passed the judgement on July 3, 2003.