A building contract company has been fined €250,000 after admitting its guilt in relation to failings that led to the death of a man who was crushed by steel while working on a primary school.
Ganson Building and Civil Engineering Contractors, of Balbriggan Business Park, Co Dublin, pleaded guilty to two counts in relation to the workplace accident that occurred at St Oliver Plunkett National School in Malahide on June 3rd, 2019.
John Joe McAfee was killed instantly when a steel structure fell on to the mobile platform he was standing on at the site, Dublin Circuit Criminal Court heard.
A director of Ganson previously pleaded guilty on the company’s behalf to one count of failing to ensure employees were not exposed to risk and one count of failing to co-ordinate arrangements to check the implementation of safe working procedures.
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The maximum fine for these offences is €3 million, the court heard. A number of other defendants remain before the courts in relation to the incident.
An inspector with the Health and Safety Authority (HSA) told Kieran Kelly BL, prosecuting, that Ganson won the tender to carry out building works at the school. It subcontracted the work to various entities, one of which, in turn, subcontracted work to Mr McAfee’s company.
The court heard that Mr McAfee and some of his employees were erecting steel structures according to a design they had been supplied with.
A number of steel frames and columns had been erected, but they were unstable and not anchored correctly, causing one to fall on Mr McAfee’s platform.
The court heard a site engineer who should have been on-site to supervise this work had left at midday despite being contracted to be present.
The court heard a representative from Ganson later told the HSA that had the company been present on the site, it would have stopped the work.
The court heard victim impact statements from Mr McAfee’s family, which described their devastation over his death.
He was remembered as a loving partner, father and grandfather who worked seven days a week to provide for his family.
Shane Murphy SC, for Ganson, read out a brief statement from the company, extending its apologies to the family for its “role in the untimely death of John Joe McAfee”.
“The company apologises unreservedly for the sorrow and distress caused to them by his tragic death.”
Judge Martin Nolan said that as the main contractor on the site, it was Ganson’s “obligation” to make it was safe and that its contractors and subcontractors were up to the task.
The judge took into account a number of mitigating factors, including the guilty pleas, co-operation and expressions of remorse, and handed down a fine of €250,000 to be paid within six months.
The judge extended his “greatest sympathies” to the family of Mr McAfee.
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