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 in Dublin.
Mr Timmy Kelliher (56) from Killorglin Co Kerry died in hospital following the fall from the top of a ladder at a construction site at Dublin's Irish Financial Services Centre on Custom House Quay, Lower Mayor Street on August 23rd, 2001. A piece of cornering then fell down on top of him.
Mr Martin Buggy, the managing director of Marllbug Construction Ltd, pleaded guilty on behalf of the company to three charges arising out of Mr Kelliher's death.
The guilty plea came shortly before the company was due to go on trial at Dublin Circuit Criminal Court, facing 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 from the National Authority for Occupational Safety and Health, told the court the safety statement prepared by the company in relation to ladders was not adequate and had failed to highlight certain risks to employees.
Mr Cullen said that the ladder should have been "footed" by someone standing at the bottom, but that this was not done in Mr Kelliher's case.
Mr Hugh Hartnett SC, for Marlbug, said the company had never come to the attention of the authorities prior to this case. He said that employees, including Mr Kelliher, Mr Dirwan and Mr Healy had been given a safety video and tool box induction before beginning work on the site.
Judge Kevin Haugh said the company should have provided proper information to its employees about health and safety. This was despite the fact that "some people might say that it was self evident and that people working on the site should know that."
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.