Kilsaran Concrete fined following worker fatality

Company prosecuted for breach of health and safety legislation which led to death of employee

KILSARAN Concrete, manufacturers of concrete products based in Dunboyne, Co. Meath, have been fined €125,000 and ordered to pay costs after pleading guilty to a breach of health and safety legislation which led to the death of an employee.

Barry Gargan was fatally injured on 6 September 2011 while working on a wet cast manufacturing unit. Owing to the danger of automated moving equipment, the unit was surrounded by a safety cage.

However, Mr Gargan had been instructed to work inside this safety cage which was then closed allowing the process to be started. He was fatally injured when a hydraulic arm pinned him against a vibrating table.

Brian Higgisson, assistant chief executive of Ireland’s Health and Safety Authority, said: ‘This accident was caused by a deliberate breach of safety procedures and should not have happened.

‘The area was considered extremely dangerous and the practice at Kilsaran Concrete of allowing workers to bypass the safety controls and work inside the danger zone showed a blatant disregard for the safety and health of workers.

‘This type of behaviour is not acceptable and will not be tolerated.’

The company pleaded guilty to a breach of Section 8(2)(a) of the Safety, Health and Welfare at Work Act 2005 contrary to Section 77(9)(a), in that the company failed to manage and conduct work activities in such a way as to ensure, so far as is reasonably practicable, the safety, health and welfare of employees.

In addition, Carl Griffin, a manager with Kilsaran Concrete, pleaded guilty to a breach of Section 14(b) contrary to 77(9) of the same Act in that he intentionally, recklessly or without reasonable cause placed at risk the health and safety of persons in connection with work activities. He was fined €10,000.