Workplace death ‘could have been easily avoided’

A HEALTH and safety official said yesterday that a workplace accident where a Clare County Council employee suffered fatal injuries “could have been easily avoided” if the proper safety measures were in place.

At Ennis Circuit Court yesterday, Clare County Council pleaded guilty to four counts of breaching health and safety regulations on May 17, 2006, when council employee Tomas O’Grady was ‘catapulted’ from a nine-ton dump truck suffering serious injury at council roadworks on the main Ennis to Tulla Road.

The manager of the road re-alignment project, Michael Scully, 64, of Oakwood, Sixmilebridge, Co Clare, pleaded guilty to two counts of breaching health and safety regulations on the same date.

On the day, Mr O’Grady was removed to hospital, but died of his injuries on July 7, 2006.

Health and Safety Authority (HSA) official Michael McDonagh told the court that the accident “could have been easily avoided” if stop blocks were in place on the site to prevent Mr O’Grady’s dump truck going over an embankment.

Counsel for the state Stephen Coughlan BL said the penalties could be up to two years’ imprisonment or fines of up to €3 million.

Counsel for the council and Mr Scully, Patrick Gageby SC, said that the dump truck which Mr O’Grady was driving “bucked” after it went over the embankment, hitting a soft surface, and the married father of four was catapulted from the vehicle.

Mr Gageby said that Mr O’Grady was not wearing a safety belt and Mr McDonagh told the court if he had been wearing a safety belt, he would have suffered “far less severe injuries”.

Mr McDonagh said that when he spoke to Mr Scully on the day of the accident on site, Mr Scully said Mr O’Grady wasn’t in the habit of wearing a seatbelt.

Mr McDonagh confirmed that Mr Scully and Mr O’Grady were friends and socialised together.

Mr Gageby said that subsequent to the accident, the council improved its approach to safety issues, employing an additional two safety officers.

Mr Gageby said that the case wasn’t like other health and safety breach cases where there is a reckless abandonment of safety or where there was a deliberate and conscious abridgment of the work.

Mr Gageby said that it was not a case where there was any monetary advantage to be gained from the breaches or that there was a callous disregard for safety.

Mr Gageby said that his clients were guilty of neglect. He confirmed that civil proceedings have been issued by the O’Grady family against the council and that the council would be taking a certain course in the matter.

In evidence, Clare county manager Tom Coughlan agreed with Mr Gageby that Mr Scully during his time with the council worked all hours of the day, sometimes seven days a week.

Mr Gageby said that father of three Mr Scully took early retirement in March 2007 in what was an ignoble end to his council career. Mr Gageby said that Mr Scully was a man of excellent character who has never come to the notice of the Gardaí.

Judge Gerard Griffin said he needed to consider matters overnight and adjourned sentencing until today.