Two construction companies have appeared before Wicklow Circuit Criminal Court in Health and Safety Authority prosecutions relating to the man’s death.
K.D.K. Scaffolding Limited, with a registered office at Old Dublin Road, Enniscorthy, Co Wexford, entered a plea to count 10 on the indictment.
The court heard that on December 9, 2019, at a construction site at Marina Village, Greystones, Co Wicklow, the company failed in its legal duty under health and safety legislation.
Specifically, K.D.K. Scaffolding Limited failed to ensure, so far as was reasonably practicable, that scaffolding erected at Block E of the construction site was safe and without risk to health.
The scaffolding did not provide sufficient or adequate edge protection and exposed individuals carrying out work to the risk of falling.
As a consequence of the unsafe scaffolding, Gerry O’Connell fell, suffered injuries that he later died from in hospital.
This amounted to a breach of Section 15(3) of the Safety, Health and Welfare at Work Act 2005, contrary to Section 77(9)(a) of the Act.
The court heard that Peamount Construction Limited has taken a trial date, which is scheduled to take place on April 14, 2025.
The company, having a registered office at 3 Peamount Road, Newcastle, County Dublin, is accused of health and safety breaches arising from the same incident.
It is alleged that the company failed to discharge a duty imposed on it contrary to Section 12(a) of the Safety, Health and Welfare at Work Act 2005.
The charge alleges that Peamount, being an employer within the meaning of the Act, failed to manage and conduct its undertaking in such a way so as to ensure, so far as was reasonably practicable, that individuals at the place of work who were not its employees were not exposed to risks to their safety, health and welfare.
It is alleged that the company permitted individuals who were not its direct employees to carry out work activities from scaffolding erected at Block E of the Marina Village construction site.
The scaffolding in question is alleged to have been unsafe, in that it did not provide sufficient or adequate edge protection. As a result, individuals carrying out work from the scaffolding were allegedly exposed to the risk of falling.
The indictment further alleges that this amounted to a breach of Section 12 of the Safety, Health and Welfare at Work Act 2005.
A second count alleges breach of a statutory provision by virtue of which a duty was imposed and, as a consequence of that alleged breach, a person suffered personal injury, contrary to Section 77(9)(a) of the 2005 Act.
It is alleged that Peamount failed to ensure, so far as was reasonably practicable, that in the course of the work being carried out at Marina Village, individuals not in its employment were not exposed to risk from unsafe scaffolding.
At a previous sitting of Wicklow Circuit Criminal Court, Glenveagh Construction Limited pleaded guilty to count two on the indictment. The charge related to the same incident.
The court heard that the company failed in its duty as an employer under health and safety legislation to properly manage safety on site.
Specifically, Glenveagh allowed individuals who were not its direct employees to carry out work from scaffolding that was unsafe. The scaffolding lacked proper and adequate edge protection, creating a serious risk of falling.
Mr O’Connell, who was from Co Sligo, died several days after the accident, on Thursday, December 12, 2019.
Judge Patrick Quinn adjourned the matter until April 14, with a sentencing date for Glenveagh and K.D.K. to be fixed and the trial of Peamount to commence.
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