Builder jailed for breaching site safety

The head of a construction firm today became the first builder to be jailed over safety measures in operation at a building site.

The High Court in Dublin sent Jason Madden, of Kilkishen Homes Ltd, Co Clare, to prison for breaching undertakings given about safety standards at his firm’s site in Co Tipperary.

The court ordered the closure of the site last November after an application by the Health and Safety Authority.

But its re-opening was permitted shortly before Christmas when undertakings about safety standards there were submitted.

Earlier this week, however, the closure order was re-imposed.

And today Mr Justice Peter Kelly, directing that Madden should be jailed, said it was too common that regulations were not being complied with, and the time had to come when the court marked its disapproval with building contractors “dicing with the lives and health of workers“.

He was told by lawyers for Madden that his sins were of omission and not commission but the judge said that point mattered little to the widow, orphans, and people disabled as a result of accidents on building sites.

The judge ordered his jailing for the weekend but said he would not make a final decision on the duration of the detention until he heard further proceedings in relation to the site.

After today’s proceedings, Johnny Madden, the father of Jason Madden, escaped joining his son in jail when the High Court heard he had intimidated a health and safety officer.

Mr Madden senior, was said to have approached the officer and made comments to him outside the courtroom.

Mr Justice Kelly said he was satisfied that was done to intimidate the inspector.

But he also said he was prepared to take what he called “the benign view” of what had happened and accepted Mr Johnny Madden’s apology, as well as an undertaking that it would not happen again.

The action taken in the case was welcomed by trade union representatives of building workers.

Following the case, Tom Beegan, head of the Health and Safety authority, said builders should understand the consequences of not maintaining proper standards.

“We have noted an improvement generally in the construction sector. But it is too prevalent as far as we are concerned, and we will not be slow to prosecute where we find it is necessary.”