An electrical engineering company has been fined €400,000 in connection with the death of a 34-year-old electrician in a workplace incident seven years ago.
Alan Mulhall, a father of four, was fatally injured when a low voltage switchgear weighing 760kg fell and struck his head while he was working at St Patrick’s Hospital on November 23rd, 2017.
John Fletcher Ltd, with offices in Portarlington, Co Laois, entered guilty pleas to failing to discharge employer duties, as required by the Safety, Health and Welfare at Work Act 2005, resulting in the death of Mr Mulhall.
The company also pleaded guilty to two counts of failing to discharge employer duties and one count of failing to take appropriate organisational measures to avoid manual handling.
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Company director David Fletcher (36) entered the guilty pleas on its behalf. He also pleaded guilty to two counts of failing to discharge employer duties.
Health and Safety Authority (HSA) inspector Kay Baxter told Eoghan Cole SC, prosecuting, that John Fletcher Ltd was contracted for works at the hospital as part of a project to update a generator.
David Fletcher, of Main Street, Portarlington, had responsibility for this project, the Circuit Court heard. Neither Fletcher nor the company have previous convictions.
Mr Mulhall was an employee of John Fletcher Ltd, having started work as an apprentice electrician in 2001. He was a qualified electrician and had been promoted internally to a site supervisor role.
The court heard the accident occurred in a hospital plant room, during the movement of three low voltage switchgear.
The HSA is critical of the risk involved in manually moving the switchgear to the plant room, but it acknowledges it would not have been possible to use mechanical equipment in the room.
Mr Cole told Judge Nolan the work was carried out using an “ill-conceived plan”. The prosecution also does not accept that Mr Mulhall had the authority to stop the work.
The court heard John Fletcher Ltd engaged with the HSA investigation but initially denied any wrongdoing.
During the investigation, David and John Fletcher suggested it was relevant that Mr Mulhall was not wearing a construction safety helmet at the time of the incident. However, the engineer’s report concluded this type of hat would have offered no protection from the injuries he sustained.
In a victim impact statement, Mr Mulhall’s widow Vikki told the court that everything her late husband did was for their family.
Ms 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”.
“Mistakes cost me my husband and my children’s father,” she said.
A victim impact statement from Mr Mulhall’s parents, siblings and sister-in-lawsaid their lives were “changed forever” when they were told their “beloved son” had been killed.
Michael Delaney SC, defending, said he was instructed to apologise for the employer’s breach of duty that led to Mr Mulhall’s death.
Counsel said it is now clear that the contract should have been re-done and changes made to the plant room to allow the task to be completed safely.
Counsel said David Fletcher is an engineer and a grandson of John Fletcher, the company’s founder.
The judge noted the “devastating” impact of Mr Mulhall’s death on his family.
He said the evidence showed the plan to transport and unload this equipment was a “totally misconceived idea”.
“Anybody looking at it would say this was a very potentially dangerous exercise.”
He said the court was aware the company was operating within a plan, but that the equipment should have been moved by mechanical means, instead of manually.
The court considered the company had the primary responsibility as “the scheme for unloading these devices was particularly ill-conceived”.
He imposed a €400,000 fine on John Fletcher Ltd and a €5,000 fine on David Fletcher.
