Appearing at Coleraine Crown Court last Thursday (20 November 2008), Charles Brand Limited and Gerard Martin McMullan were fined a total of £25,000 after pleading guilty to breaches of health and safety legislation.

The court case was the result of an investigation of a serious accident which took place at Tullyaghgarley Sewage Works, Ballymena on 11 July 2003.

The incident involved a fall of shuttering panels during a lifting operation.

These panels where being lifted over construction workers when they fell and injured two workers, one of whom was very seriously injured and is confined to a wheelchair.

-- Advertisement --

The principal contractor for this project Charles Brand Limited pleaded guilty to a breach of Article 4 (1) of the Health and Safety at Work (NI) Order in that they failed to ensure that a safe system of work was provided and maintained and they were fined £15,000.

The sub-contractor Gerard Martin McMullan pleaded guilty to a breach of Regulation 8 of the Lifting Operations and Lifting Equipment Regulations (NI) 1999 for failing to ensure that every lifting operation was carried out in a safe manner and was fined £10,000.

Following the hearing, Ken Logan Principal Construction Inspector (HSENI) said: "This incident highlighted the serious consequences of a lifting operation not being carried out safely.

"Where practicable lifting operations should not take place over areas occupied by people. People should be excluded from the danger zone created by a lifting operation.

"Where this is not practicable all steps must be taken to minimise the risk to people who may need to be below the load and additional safety measures taken such as the use of safety nets," he added.

(PR/JM)