Laois dad's death at work causes watchdog to warn employers after Laois firm hit with huge fine

Ireland's workplace safety watchdog has issued a warning to employers about the vital importance of work place safety after big fine was handed down to a Laois firm for the death of a Laois dad in 2017.

Portarlington firm John Fletcher Limited was fined €400,000 and a director of the business, David Fletcher, was fined €5,000 arising from the death of Laois man in a workplace incident in a Dublin hospital at the Central Criminal Court on March 5.

Judge Martin Nolan imposed penalty on the Laois electrical contractor arising from the tragic death of Emo man Alan Mulhall who was crushed to death when a fuse box fell on him at St Patrick's University Hospital in Dublin.

Mr Mulhall was working as part of a four-person team tasked with installing plant and equipment on a site at the hospital on James Street, Dublin 8 on November 23, 2017.

In a statement issued to the Leinster Express / Laois Live on the outcome of the case, the Health and Safety Authority said the system of work deployed involved the employees manually handling a section of the LV switchgear (weighing 772Kg) into an upright position inside the plantroom.  It said one of the team was fatally injured when he was crushed between the side panel of the plant and equipment, and the wall of the plant room.

The HSA said John Fletcher Limited had previously pleaded guilty to four charges in breach of Safety, Health and Welfare legislation. These included failing to manage and conduct work activities in such a way as to ensure, insofar as was reasonably practicable, the safety, health and welfare at work of its employees.

It also admitted to failing to manage and conduct work activities in such a way as to ensure, as was reasonably practicable, the safety, health and welfare at work of its employees.

The company also agreed that it failed to provide systems of work that were planned, organised, performed, maintained and revised as appropriate so as to be, so far as was reasonably practicable, safe and without risk to health.

Fletchers also admitted a failure to take appropriate organisation measures, or use the appropriate means, in particular mechanical equipment, to avoid the need for the manual handling of loads by its employees. MORE BELOW PICTURE.

In the same case, Judge Martin Nolan imposed a fine of €5,000 on David Fletcher, a Director of John Fletcher Ltd. Mr Fletcher had previously pleaded guilty to two charges in breach of Safety, Health and Welfare legislation.

He admitted to failing to manage and conduct work activities in such a way as to ensure, insofar as was reasonably practicable, the safety, health and welfare at work of its employees.  Mr Fletcher also accepted that he failed to ensure, in so far as was reasonably practicable, the safety, health and welfare of its employees.

Mark Cullen is the Assistant Chief Executive of the Health and Safety Authority.

“It is vital for employers to ensure that all works being undertaken by their employees are planned, organised, managed and conducted in a safe manner. Where there is a risk of serious injury, employers must take appropriate measures to avoid the need for manual handling of heavy loads. As can be seen from this case, failure to do so can lead to tragic outcomes,” he said.

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Alan Mulhall was originally from Emo but lived in Portlaoise at the time of his death. He was closely connected to Stradbally where played soccer with Stradbally Town and Gaelic football with Stradbally GAA Club. He also coached underage teams and was well known by many people in both Emo and Stradbally.

He was a loving father to wife Vikki and their two sets of twins, Jamie and Sean, Tom and Holly, at the time of his death. In her victim impact statement, his widow said everything her late husband did was for their family. Mrs Mulhall said he kissed her on the cheek that morning like he did every day on his way to work.

“He was not given a job that day. He was handed a death sentence that we will carry for the rest of our lives,” she said.

She said what happened could and should have been avoided.

“Mistakes cost me my husband and my children’s father,” she said, later telling the court their lives had been “shattered” and would “never be the same again".

“After seven long years of dragging us through courts, all we can hope for today is justice for this devastating and negligent crime,” she said.

Established in 1968, John Fletcher Limited describes itself as a company which specialises "complete range of electrical and mechanical services" for many clients throughout Ireland.

The company has worked on Dublin Airport Terminal 1, several hospitals including Portlaoise, hotels and universities as well as at An Post distribution centres.

The Central Criminal Court heard that the company apologises for the breach of duty as an employer which led to Mr Mulhall's death.