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Worker fell to death from 'unsafe' scaffold
Summary
In the Dublin Circuit Criminal Court, construction owner Colin Wendel (38) and his company, Colin Wendel Development Ltd, were fined €5,000 and €40,000 respectively for failing to ensure a scaffold was safe. The scaffold, used in renovation works on a Rathgar property, was found to be defective, not compliant with regulations, and "unsafe." On 24 October 2016, worker Andezej Buraczewski fell from the fourth level of the scaffold and died instantly. Wendel pleaded guilty to one count of failing to protect employees, and the company pleaded guilty to a related count. The court heard that the scaffold's guard rails were too low and the platform was higher than standard. The judge described the incident as a "pure accident," accepted Wendel's remorse, and ordered the fines and a €20,000 payment to Buraczewski's widow. The case highlights the importance of scaffold safety compliance.
Who, what, where, when and why
What: Report matter: Worker fell to death from 'unsafe' scaffold. Charges or matters: one count of failing to ensure his employees were not exposed to risk at Highfield Road, Rathgar, Dublin on October 24, 2016 – specifically that the scaffold was unstable and improvised guard rails fell apart. Procedural stage: sentence
When:
- October 24, 2016 Hearing Or Sentence
- 2021-04-23 Publication
Why: Mr Kennedy said it was also possible the scaffold had been tampered with, possibly in order to bring up materials. CNI source report
Case subjects
Defendant
Charges: one count of failing to ensure his employees were not exposed to risk at Highfield Road, Rathgar, Dublin on October 24, 2016 – specifically that the scaffold was unstable and improvised guard rails fell apart (Admitted)
Plea: Guilty
Outcome: In a statement read out by Mr Kennedy, Wendel said he wanted to apologise to Ms Buraczewski. "The grief I feel for you and your family is real and I will take it to my grave," he said. "From the bottom of my heart, I am truly and deeply sorry for what occurred." Passing sentence, Judge Martin Nolan said what had happened was a "pure accident". "I think the weakness in this scaffold wasn't obvious to all parties who used it." He accepted Wendel was genuinely remorseful and had been badly affected by the accident. "I think Mr Wendel is a moral man with a good conscience," he said.
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