A High Court judge yesterday ordered one of the State's biggest construction companies to stop all building work at its site in Charlotte Quay, Ringsend Road, Dublin, where a young construction worker was killed a week ago. The order was issued against Zoe Developments Ltd after the court was told the company had an "appalling safety record".
Mr James Masterson (24), a construction worker, died on the Charlotte Quay site on November 3rd last.
In court yesterday, Mr Justice Kelly said the shutdown of the Charlotte Quay site would continue until specific measures were taken to reduce the risk to health and safety of those working there.
He granted the National Authority for Occupational Safety and Health an interim injunction against Zoe Developments Ltd after being told of 13 breaches of the Safety, Health and Welfare at Work (Construction) Regulations 1995 during inspections on two days last week.
These were observed by Mr Vincent McGauran, a senior Health and Safety Authority inspector, who visited the site on Monday and Tuesday of last week.
In an affidavit read to the court, Mr McGauran said he found a significant absence of safety on the site, coupled with "a shocking heedlessness" of management in breaking the regulations.
He said he observed failure to provide safe means of site entry and exit, lack of protection for people in the vicinity of the site, absence of prevention of injury by falling material, lack of fencing of pits and openings, and inadequate tying of scaffolding.
He also discovered absences of guard rails and toe boards on workplaces more than 2 m high, no suitable guard rails on stairs, and materials positioned so as to be liable to fall and injure workers.
He further noted the provision of untested and unexamined lifting gear which was unsuitable for the purpose for which it was used.
Mr McGauran said he considered the risk to the safety and health of persons on the Charlotte Quay site so serious that its use as a place of work should be prohibited immediately until specified measures had been taken to reduce the risk to a reasonable level.
Zoe Developments Ltd had an appalling safety record, he said. Over a period of years the company had consistently ignored or flouted safety, health and welfare at work regulations and had been convicted of criminal offences contrary to the regulations and the Act on some 12 occasions, he added.
Mr Fergal Foley, counsel for the authority, said he understood the offences related to three separate occasions in the past.
Mr Justice Kelly granted the interim injunction sought by the authority. He said one person already had been killed on the site on which no fewer than 13 breaches of safety were being alleged.
The judge said he agreed with the view of the inspector that the risk to safety was so serious that the use of the site as a place of work should be immediately prohibited. In granting the injunction, the judge also referred to what he described as the appalling safety record of the company over a period of years.
He said he would allow the interim order stand until next Monday when the authority might wish to seek interlocutory relief against Zoe.
Mr Foley was also given permission by the court to notify the architects on the site of the notice. Notice of the court order is to be displayed in a prominent position on the site.