A Co Wexford steel fabrication company has been fined €180,000 for breaches of health and safety legislation.

Judge Cormac Quinn at Kilkenny Circuit Court imposed the fine on JP Murphy Bros Farm and Industrial Buildings after an incident which occurred on 26 January 2015 on a farm building re-roofing project at Boley, New Ross, Co Wexford.

An employee of the company suffered personal injuries when he fell approximately six metres while working on the roof of an agricultural building. There were no fall protection or fall prevention measures in place at the time of the incident.

Judge Quinn directed that the fine imposed be used as a compensation payment for the injured party, an unprecedented outcome in a court case of this nature.

Severe consequence

Speaking on the matter, chief inspector with the Health and Safety Authority (HSA) Mark Cullen said: “It is important that employers and contractors engaged in construction activities involving working at height ensure that there are appropriate safe systems of work in place to protect their employees against falls.

"Failure to do so, on this occasion, led to a very serious incident and severe consequences for the injured worker.”

The company pleaded guilty on two charges:

  • Failure to manage and conduct work activities in such a way as to ensure the safety of employees.
  • Failure to provide systems of work that were planned, organised, performed and maintained.
  • Health and safety obligations

    The Safety, Health and Welfare at Work Act 2005 places a legal duty on employers to prepare and work to a safety statement or, in a situation where there are three employees or less, a risk assessment document.

    However, not many farmers may be aware that when they carry out construction work on their farm, such as building or extending a shed, rewiring a building, reslating a roof, etc, they need to satisfy further health and safety obligations.

    A farmer was fined €1,500 and the same amount again in costs at Carlow District Court on 2 July for such breaches of health and safety legislation.

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