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A fatal accident at road works has led to fines totalling €30,000 being handed down by Judge Michael O'Shea in the Dundalk Circuit Court to Gibson Brothers (Ireland) Ltd.
The firm pleaded guilty to breaches of health and safety legislation in a case that arose as the result of the death of a member of the public, Michael Reynolds.
The court heard that on the evening of Monday 8th October 2007 Mr. Reynolds had attended bingo in the Clogherhead Community hall.
A road realignment project was being undertaken by Gibson Brothers Ireland Limited, along the R166/Chapel Road outside the Clogherhead Community hall. When Mr. Reynolds exited the hall and crossed the road he tripped and fell, striking his head. He was found in the shallow excavation behind the newly laid kerb.
Mr Reynolds was taken by ambulance to Lourdes Hospital in Drogheda and transferred that night to the Mater Hospital, Dublin, where his life support machine was turned off on Friday 12th October 2007.
The investigation carried out by the Health and Safety Authority revealed the following;
There were no barriers to prevent falls over or into the roadworks at the location where Mr. Reynolds fell.
The area was very dark, public lighting in the area was poor and there was no temporary lighting in place.
There were cones and tape along the edge of the existing footpath, but none along the new kerbing at the roadside.
The traffic management plan for the works was poor with no risk assessment for vulnerable road users.
The Construction Stage Health and Safety Plan was not site-specific and there was no risk assessment for public access to the works.
Speaking after the judgement, Martin O'Halloran Chief Executive of the Health and Safety Authority said: "If there is any construction work taking place on or near public roads then measures must be taken to ensure that this work does not affect the health and safety of members of the public.
"Employers need to be aware that they have a duty of care not only to their employees but also to any other persons who may come in contact with a place of work."
(CD/BMcC)
