2nd November 2021
On 1st November, at the sitting of Limerick Circuit Criminal Court, Judge Meghen imposed a fantastic of €75,000 on Limerick City and County Council following a fatal incident at the Limerick City and County Council Machinery Yard, Newcastlewest, Co. Limerick on 14th April 2015.
The council pleaded responsible to a few fees together with beneath:
- Section 8(2)(c)(ii) of the Safety, Health and Welfare at Work Act 2005, in that they failed to make sure, as far as was fairly practicable, the security, well being and welfare at work of staff, by making certain as far as was fairly practicable the design, provision and upkeep of a protected means of entry to and egress from the stated place of work.
- Section 19 (1) and Section 77 (2) (a) of the Safety, Health and Welfare at Work Act 2005 in that they did not discharge their responsibility to establish the hazards in the place of work beneath their management and to evaluate the dangers offered by these hazards and to be in possession of a written danger evaluation of the dangers.
- Regulation 11 (h) (i) of the Safety, Health and Welfare at Work (General Application) Regulations 2007 and whereby an individual suffered private accidents as a consequence of the contravention opposite to Section 77 (9) (a) of the Safety, Health and Welfare at Work Act 2005 in that they failed to make sure that mechanical gates at the stated place of work functioned in such a means that there was no danger of accident to staff and as a consequence an employee suffered private damage and died.
The accident occurred when an employee was passing via an automated gate in the equipment yard when the gate closed on him and he sustained fatal accidents.
Mark Cullen, Assistant Chief Executive with the Health and Safety Authority stated, “It is vital risk assessments are carried out on all areas of workplaces, including busy working yards and entrances to sites. Identifying hazards and assessing risk should be a priority, particularly in the case of automatic gates which can pose a particular hazard. Failure to do so has serious repercussions and can unfortunately lead to tragic fatal incidents like this one.”