A ROADWORKS company has been fined €1.2 million for breaches of health and safety legislation following a fatal road collision in Donegal in which three members of a family died.
John Mullan, 49, and his two children, 14-year-old Tomás and six-year-old Amelia – died after their car went off the road and plunged into Lough Foyle on August 20, 2020.
Last week the company apologised to Geraldine Mullan who survived the tragedy. She had told Letterkenny Circuit Criminal Court it was impossible to describe her pain and depth of loss.
The Mullans had been returning home to Moville having enjoyed a day out in Derry, when the tragedy occurred.
Today (Friday) at Letterkenny Circuit Criminal Court, Judge Roderick Maguire imposed a fine of €1.2 million on Whitemountain Quarries Limited for breaches of health and safety legislation.
The prosecution followed an incident that occurred on August 20, 2020 at roadworks on the R238 at Three Trees, Quigleys Point.
At approximately 10.30pm, the family of four were driving home from a family day out. The front left tyre dropped from the carriageway onto the unfinished hard shoulder.
When the driver of the car attempted to steer the car back onto the carriageway, the car aquaplaned on the freshly laid surface and slid across the roadway into Lough Foyle.
Three occupants in the car were drowned and a fourth suffered injuries and was rescued by emergency services.
There was a lack of appropriate temporary traffic management signs and traffic cones to guide vehicles safely through the works.
Whitemountain Quarries Limited pleaded guilty to the following offences under the Safety, Health and Welfare at Work Act 2005:
- Failing to discharge a duty as an employer to persons other than employees by failing to ensure as far as reasonably practicable that in the course of works being carried out, individuals at the place of work are not exposed to a risk to their safety, health or welfare as provided for in Section 12 of the Safety, Health and Welfare at Work Act 2005 contrary Section 77 (9)(a) of the Safety, Health and Welfare at Work Act 2005, resulting in the deaths of three occupants of the car.
- Failing to discharge a duty as an employer to persons other than employees by failing to ensure as far as reasonably practicable that in the course of works being carried out, individuals at the place of work are not exposed to a risk to their safety, health or welfare as provided for in Section 12 of the Safety, Health and Welfare at Work Act 2005 contrary Section 77 (9)(a) of the Safety, Health and Welfare at Work Act 2005, as a result, the fourth occupant of the car suffered personal injuries.
Mark Cullen, Chief Executive Officer at the HSA, said, “This was a devastating incident that resulted in the loss of three lives and caused serious injury to another family member.
“Employers carrying out roadworks have a legal duty to ensure, so far as is reasonably practicable, that members of the public are not exposed to risks to their safety and health arising from those works.
“Temporary traffic management measures, including appropriate signage and traffic control arrangements, are critical safeguards designed to protect road users. This case highlights the potentially catastrophic consequences when such controls are not adequately implemented and maintained.”