Construction firm returned for circuit court trial

A county Fermanagh construction firm has been returned for circuit court trial for alleged failure to ensure the health, welfare and safety of its employees at a construction site in Gweedore that allegedly resulted in the death of one of its employees, at Dungloe District Court.
A garda gave evidence of serving the Book of Evidence on Michael O’Rourke, solicitor for Deane Public Works Ltd., of Dallas, Killadeas, Irvinestown, County Fermanagh at Dungloe Court on Tuesday morning.
Mr George Deane was representing the company in court, the court was told.
The company is charged that on January 15, 2018 at Hydro Race Bridge, Gweedore, that it failed to ensure the health welfare and safety of its employees by failing to access and install pontoons properly in the water, and the installation of pontoons by an employee called Ian Smith was unsafe, and in particular there was no fence or rail guard surrounding the edge of the pontoons to prevent an employee falling into the water contrary to Section 77 of the Safety, Health and Welfare at Work Act.
The company is facing a similar charge which resulted in the same employee Ian Smith falling into the water. He suffered personal injury and died.
The company is facing a similar charge in relation to pontoons that were not safe and without risk to the health of employees and especially Ian Smith.
The company is also charged with failing to identify hazards with the installations of pontoons and that it did not have a written risk assessment of the hazards to the health safety and welfare of the company’s employees.
 The company is charged with having no suitable rescue equipment, no rescue boat, no grab line, no life buoys available in a suitable place.
 The company is further charged with having no fencing or guard rail surrounding all the edges of the pontoons and, as a consequence, an employee called Ian Smith fell into the water, suffered personal injury and died.
Inspector Seamus McGonigle told the court that the DPP had consented for a return for trial for the company to the next sitting of Letterkenny Circuit Court on October 27 on all seven charges before the court.
Judge Paul Kelly returned the matter for trial to Letterkenny Circuit Court.

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