Courts / Wexford / Report
Eightfold increase on fine imposed on Kilsaran Concrete over death of employee
Summary
In 2011 a worker, Barry Gargan, 28, was killed at Kilsaran Concrete's Piercetown plant when a cleaning arm fell on him inside a safety cage. The company pleaded guilty to failing to manage work safely and was fined €125,000 by Judge Michael O'Shea in 2016. The Director of Public Prosecutions argued the fine was too low, citing deliberate safety feature overrides to boost profit. The Court of Appeal, hearing the DPP's application, increased the fine to €1 million. The appeal court found the company had a pattern of incremental safety breaches over more than a year, with senior management encouraging risky practices. The court noted the company's cooperation, guilty plea and prior good safety record as mitigating factors, but deemed the original fine unduly lenient. The final penalty was €1 million, a 50 % reduction from the maximum possible fine. The company apologized to the Gargan family and acknowledged the loss of a valued employee.
Who, what, where, when and why
What: Report matter: Eightfold increase on fine imposed on Kilsaran Concrete over death of employee. Charges or matters: failing to manage and conduct work activities in such a way to ensure the safety, health and welfare at work of employees at its plant in Piercetown in September 2011. Procedural stage: appeal
When:
- September 2011 Other
- February 18, 2016 Hearing Or Sentence
- 2017-04-06 Publication
Why: He said there had been a deliberate breach of the law in order to maximise profits. CNI source report
Case subjects
Defendant
Charges: failing to manage and conduct work activities in such a way to ensure the safety, health and welfare at work of employees at its plant in Piercetown in September 2011 (Admitted)
Plea: Guilty
Outcome: Kilsaran Concrete was fined €125,000 by Judge Michael O'Shea at Trim Circuit Criminal Court on February 18, 2016.
Places mentioned
Topics
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