Judge blames council’s failures for death

Clare County Council’s abject failure to enforce the Health Safety and Welfare Act led directly to an employee’s death, a circuit court judge said this week.
The death of Thomas O’Grady, following a work accident, was recalled at Ennis Circuit Criminal Court when a 12-months suspended sentence
was imposed on Michael Scully, a retired senior engineer, who pleaded guilty to two charges under of the Health Safety and Welfare at Work Act.
Having also pleaded guilty through solicitor John Shaw, the council was fined a total of €50,000 on four charges arising from an incident at a road construction site near Tulla in May 2006 when a dumper truck driven by Mr O’Grady overran an unprotected embankment. Mr O’Grady, who sustained serious injuries when thrown from the truck, died on July 7, 2006.
In passing imposing penalties, Judge Gerard Griffin said, “The county council have a duty to enforce the Health Safety and Welfare at Work Act and their abject failure to do so in this case led directly to Mr Thomas O’Grady’s death.” He said the evidence had shown the “gross negligence and grave dereliction of duty of Clare County Council” at this site.
The four offences related to the failure of the council to manage and conduct work activities and, in particular, the operation of dumper vehicles at or near an embankment at a road realignment construction site.
Michael Scully (64) of Oakwood, Sixmilebridge admitted that in his role as senior executive engineer he failed to take adequate measures to prevent a dumper truck from over running the edge of an embankment and overturning on its side.
In summarising the case on Wednesday, Judge Griffin highlighted statements made by Mr Michael McDonagh of the Health and Safety Authority, in the Book of Evidence.
“It is beyond belief that following the serious injury to Mr O’Grady and the knowledge that he was in intensive care, and following meetings with safety officers, Dr Shelly Hegarty, Sean Liddy and Tom Carey, director of service and Michael Scully, that within 24 hours, Mr McDonagh discovered a dumper truck driver was not instructed not to dump over an embankment at the same location,” the judge said.
“The events that led to Mr O’Grady’s death were both foreseeable and preventable. If Mr O’Grady had worn his seat belt he would not have sustained the injuries that led to his death. If this [the wearing of seatbelts] was enforced by Michael Scully and Clare County Council, Mr O’Grady would not have died from his injuries.”
Judge Griffin said Michael Scully was a man that had an exemplary career, was hard working and diligent. “I accept that he is regretful and remorseful. The fact that he was a personal friend of Mr O’Grady means it is a sad day for Mr Scully and the O’Grady family,” he said. Judge Griffin imposed a 12-month prison sentence, which he suspended for two years, providing he did not accrue any further breaches of the Health Safety and Welfare at Work Act in that time.
Clare County Council was fined €12,500 on each of the four charges and given three months to pay.
“I might be criticised for being lenient in this case, but I do not see why the rate payers should pay for the dereliction of duty of the county council,” he commented.
Leave to appeal was refused.