A Kilkenny-based construction company has been fined €5,000 for breach of health and safety regulations in connection with the death of a man on a building site at Dublin's Irish Financial Services Centre.
Mr Timmy Kelliher (56), Killorglin, Co Kerry, died in hospital following the fall from the top of a ladder at a construction site on Custom House Quay, Lower Mayor Street, when he slipped and fell on August 23rd, 2001. A piece of cornering then fell on top of him.
Mr Martin Buggy, managing director of Marlbug Construction Ltd, pleaded guilty on behalf of the company to three charges arising from Mr Kelliher's death.
The guilty plea was arrived at shortly before the company was due to go on trial at Dublin Circuit Criminal Court. It faced 11 charges in relation to the fatal incident.
Marlbug admitted to failing to specify the arrangements for the safety, health and welfare of workers, specifically the identification of the risk that ladders can slip or fall.
The company also admitted failure to bring the safety statement to the attention of employees Mr Tom Healy and Mr John Dirwan, who were working on the site at the time of Mr Kelliher's death.
Mr Mark Cullen, an investigating inspector with the Health and Safety Authority, told the court the ladder should have been "footed" by someone standing at the bottom, but this was not done in Mr Kelliher's case.
Mr Buggy, in evidence, said that the company got into financial difficulties in January 2003 because of problems over a job in Sandyford. It was €400,000 in debt.
Mr Buggy said he wished to convey his sympathies to the Kelliher family. "I deeply regret what happened," he said.
Judge Kevin Haugh said the company should have provided proper information to its employees about health and safety. He said the issue in the case was that there were two ladders being shared between three people, therefore both of the ladders could not be footed.
Judge Haugh said he had no choice but to impose the €5,000 fine "even though there appears to be no money to pay it".
Speaking after the case Mr Mark Cullen said that "a safety statement is not just a technical document - it should be a blueprint for managing the safety and health of employees. This case highlights the tragic consequences that can occur when a safety statement is not adequate".