Farmer fined over death of construction worker in fall

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Guilty pleas entered following HSA prosecution

A dairy farmer has been fined over an incident which resulted in the death of a roofing contractor. 

At Kilmallock District Court in County Limerick, Judge Patricia Harney imposed a fine of €2,500  after guilty pleas were entered in relation to breaches of the Safety, Health & Welfare at Work Regulation 2013. 

The case, which was heard this Tuesday, arose following an incident that occurred on December 13, 2022, when a roofing contractor suffered fatal injuries after falling from the roof of an extension to an agricultural shed under construction on a farm located at Lacknagrour, Bruree, County Limerick.

The farmer pleaded guilty to an offence under Section 6(1)(b) of the Safety, Health and Welfare at Work (Construction) Regulations 2013 contrary to section 77(2)(c) and Section 80(1) of the Safety, Health and Welfare at Work Act 2005.

The charge relates to the duties of the client in appointing in writing, a competent project supervisor for the construction stage of the project,

At the same court sitting, Lacknagrour Farm Limited pleaded guilty to an offence under Section 6(1)(b) of the Safety, Health and Welfare at work (Construction) Regulations 2013 contrary to section 77(2)(c) of the Safety, Health and Work Act 2005.

The role of a project supervisor construction stage (PSCS) is to manage and coordinate the various construction work activities in such a way as to ensure the safety of all persons on site and compliance with the Safety, Health & Welfare at Work (Construction) Regulation 2013. 

Commenting following the conclusion of the case, Adrienne Duff, assistant chief executive of the Health and Safety Authority, stated: "Working at height is a well-known hazard in all workplaces. It is vitally important that employers carry out risk assessments in advance of the work activities commencing, in order to ensure appropriate control measures are identified and put in place to prevent an incident. Failure to do so in this case has unfortunately led to a preventable workplace fatality."

The HSA has recently published specific guidance for farmers on how to make construction appointments on farms. It is now available online at HSA.ie.

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