Limerick farmer fined after fall from height leads to fatality of construction worker

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Tuesday 16th January 2024

Today, Tuesday 16th January 2024, at Kilmallock District Court, Judge Patricia Harney imposed a fine of €2,500 on a dairy farmer, from Bruree, Co. Limerick, following guilty pleas to breaches of the Safety, Health & Welfare at Work (Construction) Regulation 2013.

The case arose following an incident that occurred on the 13th December 2022, when a roofing contractor suffered fatal injuries after falling from the roof of an extension to an agricultural shed under construction on a farm located at Lacknagrour, Bruree, Co. Limerick.

The farmer pleaded guilty to Section 6(1)(b) of the Safety, Health and Welfare at Work (Construction) Regulations 2013 contrary to section 77(2)(c) and Section 80(1) of the Safety, Health and Welfare at Work Act 2005 (Regarding the duties of the client in appointing in writing, a competent project supervisor for the construction stage of the project).

Lacknagrour Farm Limited pleaded guilty to Section 6(1)(b) of the Safety, Health and Welfare at work (Construction) Regulations 2013 contrary to section 77(2)(c) of the Safety, Health and Work Act 2005 (Regarding the duties of the client in appointing in writing, a competent project supervisor for the construction stage of the project).

The role of a Project Supervisor Construction Stage (PSCS) is to manage and coordinate the various construction work activities in such a way as to ensure the safety of all persons on site and compliance with the Safety, Health & Welfare at Work (Construction) Regulation 2013.

Adrienne Duff, Assistant Chief Executive, HSA, statedWorking at height is a well-known hazard in all workplaces. It is vitally important that employers carry out risk assessments in advance of the work activities commencing, in order to ensure appropriate control measures are identified and put in place to prevent an incident. Failure to do so in this case has unfortunately led to a preventable workplace fatality.”

The HSA have recently published specific guidance for farmers on how to make Construction appointments on farms which is now available on HSA.ie

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