Company pleads guilty after fall from height

The prosecution arose after an incident occurred on the 15 January 2021 at a warehousing facility at Ballycoolin, Dublin 15. An employee of the company suffered serious injuries when he fell from a height onto a concrete floor. Immediately before his fall the injured party had been standing on a wooden pallet which had been elevated on a forklift. This was the system of work that was being utilised in an attempt to repair a damaged roller shutter door at the premises.

The company pleaded guilty to the following offences under the Safety, Health, and Welfare at Work Act 2005.

• Section 8(1) of the Safety, Health, and Welfare at Work Act 2005 as it relates to Section 8(2)(a) of the Act in that the employer failed to manage and conduct work activities in such a way as to ensure, so far as was reasonably practicable, the safety, health and welfare at work of his or her employees.
• Section 8(1) of the Safety, Health, and Welfare at Work Act 2005 as it relates to Section 8(2)(e) of the Act in that the employer failed to provide a system of work that was planned, organised, performed, maintained and revised, as appropriate, so as to be, so far as is reasonably practicable, safe and without risk to health.

Mark Cullen, assistant chief executive at HSA said, “It is essential that employers manage and conduct work activities being carried out at the place of work to ensure the safety, health and welfare of all employees. We urge employers and their workers to think about the task you’re asking others to carry out, or that you are about to undertake, and to conduct an appropriate risk assessment before starting the work. This is particularly important for work activities at height, where there is increased potential for serious injury. Work at height can be performed safely using a wide range of work equipment and the choice of equipment selected should be dependent on the findings of the risk assessment. In general, persons should only be lifted to height by equipment which has been specifically designed for that purpose”.