Stoppage is planned after death of building site worker

Construction workers in Dublin are planning a one-day unofficial stoppage next week in sympathy with the family of a 56-year-…

Construction workers in Dublin are planning a one-day unofficial stoppage next week in sympathy with the family of a 56-year-old Kerry man who died yesterday after falling from a ladder at a building site in Dublin's docklands.

Mr Tim Kelliher, from Wood Park, Ballinteer, Dublin, a native of Killorglin, was employed as a carpenter on the site. He was working with Marbug Construction Ltd of Castlecomer, Co Kilkenny, sub-contractor to John Paul Construction Ltd.

Mr Denis Farrell of the Building and Allied Trades Union was visiting the site at the time of the accident in response to workers' concerns "about the pension scheme and other issues", including safety.

Employees were anxious to ensure they had pension coverage, a statutory obligation for employers under the Registered Employment Agreement for the Construction Industry.

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Mr Farrell said he would be particularly concerned that an employer in breach of his obligations might be allowed to pay money into the pension scheme retrospectively after someone had been killed.

A spokeswoman for the Construction Operatives' Pension Scheme said employers were personally liable "in the event of a mortality" if they did not pay into the pension scheme. The payments cover a "mortality benefit" of £16,000 plus £2,500 for each child under 18.

"The lack of regulation on building sites is a disgrace that is costing lives," Mr Farrell claimed. The death of workers such as Mr Kelliher was the price being paid for unregulated sites, where workers' rights were not protected. "We were due to return to the site early next week to document the issues raised by our members" he said. "We then intended to enter into negotiations with the sub-contractor to have matters rectified."

He understood the date of the stoppage had not been fixed pending finalisation of the funeral arrangements. The workers did not want the march to clash with the funeral as they extended their sympathy to Mr Kelliher's family.

Mr P.J. Claffey, deputy chief inspector of the Health and Safety Authority, confirmed it was carrying out an investigation which would begin with establishing Mr Kelliher's status under the Safety at Work Act, 1989. If any breaches of the legislation were found, a file would be sent to the Director of Public Prosecutions. But there was no indication at this stage that that was the case, he emphasised.

A director of John Paul, Mr Ray Mescal, said it was also carrying out an investigation. He was not prepared to comment further at this stage apart from extending his sympathy to the family. No Marbug representative could be contacted yesterday for comment.

The SIPTU construction branch secretary, Mr Eric Fleming, said he was concerned at the marked decline in safety standards on building sites around Dublin.

He identified four areas where he felt construction workers were being let down:

failure to introduce new safety regulations.

the manner in which the courts dealt with "rogue employers".

the need for counselling for workers after serious accidents.

the "ineffectiveness" of the Health and Safety Authority.