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The movement of large work vehicles has long been recognised as one the hazards that duty holders must take all possible measures to eliminate or reduce risks when operating. The below demonstrates the importance that operators of site vehicles have suitable training (including the Construction Skills Certification Scheme CSCS).
This training provides the knowledge and skills required specifically within the construction sector. In this case, the failure by all parties resulted in not only life changing injuries to one of the parties, but suspended jail sentences for failure to implement and carry out their duties and heavy fines for the company in question. This incident was preventable and shows the importance of risk assessments and identification of appropriate control measures on working sites.
On Tuesday 23rd May 2023, in Bray Circuit Court, Judge Patrick Quinn handed down a 9 months suspended jail sentence after a Co. Wicklow construction worker pleaded guilty to Regulation 29(1)(f) of the Safety, Health and Welfare at Work (Construction) Regulations, 2013, that on the 8th December 2016 he failed to make proper use of a large 9 tonne site dumper.
The construction worker had driven the dumper whilst carrying two passengers. The dumper was not designed to carry passengers, and, in so doing, also failed to take reasonable care to protect the safety, health and welfare of other persons who may be affected by his acts. One of the passenger fell from the moving dumper causing him life changing injures.
There were 2 other parties associated with the incident previously before the courts – the Main Site contractor and Project Supervisor for the Construction Stage (PSCS) and the Site manager/Site Engineer on the project.
In 2021 in Bray Circuit Court the main site contractor having pleaded to Regulation 19(1)(b) of the Safety, Health and Welfare at Work Construction Regulations 2013 had a fine of €15,000 imposed on them by Judge Quinn for failing to implement their duties as PSCS.
In May 2022 in Bray Circuit Court, the Site manager/Site Engineer for the project also having pleaded guilty to Regulation16(b) of the Safety, Health and Welfare at Work (Construction) Regulations 2013 had an 18 month suspended jail sentence imposed on him by Judge Quinn in relation to his failure to implement his duties.
Story first reported on www.hsa.ie
