The HSE has been fined €500,000 for health and safety breaches which led to the death of a paramedic who fell out of a moving ambulance.
Father of six Simon Sexton (43) was killed in June 2010 when he was wrenched out of the ambulance by the door as a patient was being transferred from Cavan to Dublin.
Mr Sexton was in the back of the ambulance when he heard the wind coming into the vehicle indicating the door was not shut properly. He went to close it and as he put his hand on the lever the door opened and “wrenched him out”.
His colleagues found him unconscious at the side of the road in the foetal position. He had suffered serious head injuries and died shortly afterwards.
Evidence was given about known dangers with such doors with the hinges fitted in such a way that they could fly open from the slipstream of the moving vehicle. Dublin Circuit Criminal Court heard that the HSE were aware of the risk after a similar incident occurred in Kerry in 2007.
Serious head injuries
That previous incident had resulted in a paramedic suffering serious head injuries. The court heard that following this, several safety recommendations were made which were not implemented by the HSE.
A Health and Safety Authority inspector also said that at the time of the 2007 incident the HSE was waiting on delivery of about 40 ambulances with similar doors. The manufacturers offered to alter the doors before delivery to remove the danger, but the HSE refused.
Judge Mary Ellen Ring said: “A fine doesn’t reflect, in any case, the seriousness of what this court is dealing with. No fine can ever restore Simon Sexton.”
She said any fine imposed is not to reflect the value his life.
She added that if the problems had been dealt with after 2007 “perhaps Mr Sexton might be with us today”.
The HSE pleaded guilty to failing to have a written assessment of the risks to the safety, health and welfare of an employee relating to the rear hinge side door of an ambulance on June 3rd, 2010, at Dr Steevens Hospital, Dublin 8.
They also admitted to failure to ensure employees had adequate training in the operation of the ambulance rear doors.
Health and Safety Authority inspector John Sheeran told prosecuting counsel Remy Farrell SC that after the 2007 incident the HSE hired an engineer to make recommendations on making the doors safer.
The court heard the HSE only enacted some of the recommendations on Mr Sexton’s ambulance. Warning signs were put in place and an improved door alarm was installed, but it is not clear if it was working on the day of his death.