Cork County Council fined over death of workman

Cork County Council has incurred a fine of €50,000 arising out of the death of a work man during the felling of a tree four years ago.

Michael O’Donovan (44) a father-of-three from Aghabullogue, Co Cork, and an employee of Cork County Council, was killed while working on a compound off Carr’s Hill in Cork in November 2012.

The cause of death was severe head injuries due to blunt force trauma consistent with being struck by a telegraph pole

The DPP brought a case against the local authority on health and safety grounds. There were three health and safety charges against Cork County Council on the indictment, and a guilty plea was entered in relation to the first charge.

The charge stated that the council failed to ensure the safety, health and welfare of employees by not providing adequate equipment.

Cork Circuit Criminal Court heard the council employee didn’t have an adequate wench and the 50ft tree fell backwards onto a cable knocking the telegraph pole. Mr O’Donovan was hit in the head and then rushed by ambulance to Cork University Hospital where he died.

The council has subsequently banned its employees from tree felling and outsources the work to tree surgeons.

Defending counsel, Tom Creed, said Cork County Council employs a safety advisor and six assistant safety advisors and takes the wellbeing of its employees seriously. He stressed that the local authority was not interested in cutting costs when the health of employees was at risk.

Judge Sean O’Donnabhain said tree felling was a serious job and not something which could be carried out by people who go on “one day courses”.

He said mitigating factors were Cork County Council’s “prompt admission and timely plea” as well as changes it has made to its policy on tree felling.