Pre-concrete firm ordered to pay six-figure compo to worker who avoided death through 'an absolute miracle'

A precast concrete manufacturer has been ordered to pay €125,000 after a worker suffered a skull fracture and multiple other injuries after a seven-metre fall.

At Mullingar Circuit Criminal Court, Shay Murtagh Precast Ltd, Raharney, Co Westmeath, their managing director and health and safety manager, pleaded guilty to breaching health and safety laws.

Judge Keenan Johnson said that it was "an absolute miracle" the worker was not killed but noted that he made a full recovery and the firm's previous good record. Judge Keenan ordered that €25,000 of the fine would go to victims of a spate of burglaries from an unrelated case, and a further €30,000 should be given to Cancer Care and Pieta House.

READ MORE: All updates from Conor McGregor sex assault case as jury begins deliberations

READ MORE:Met Eireann issues Status Orange warning to three counties as Storm Bert set to wreak havoc

The court heard the firm was carrying out works on the roof of one of their buildings at their manufacturing facility at Riverdale in Raharney, on May 12, 2022. However, the worker fell through a skylight, and suffered a fractured base of his skull, as well as further fractures to a wrist, pelvis and part of his tail bone. Costs of approximately €6,000 are also to be paid.

Health and Safety Authority inspector Vincent Darcy said that workers were running electrical cables across the roof, but the employee, who was using a harness, stepped on a skylight. He fell seven and a half metres and landed on a concrete surface. The inspector told the court that guardrails or a safety net should have been in place, and there was a lack of appropriate supervision.

The court heard Shay Murtagh Precast Ltd failed to take adequate precautions and to ensure that a safe system of work was in place to prevent the worker on the roof from being exposed to inadequate edge protection and fragile roof lights.

The injured man, a Lithuanian national who worked for the firm for several years, praised his former employers, saying they looked after him while he was off sick. He has moved back to Lithuania but said he would like to work for them again if he returned to Ireland. The court heard he got paid €23,000 while out of work, and the firm paid him €150,000 compensation.

Shay Murtagh Precast Ltd, a family-run business that employs more than 200 workers in Ireland, pleaded guilty to offences under the Safety, Health and Welfare at Work Act 2005.

Managing director Ciaran Murtagh, 49 and the firm's health and safety manager David Whyte, 46, pleaded guilty to connected charges under the same legislation. Judge Johnson said the expressions of remorse from Mr Murtagh and Whyte were genuine, and he applied the Probation of Offenders Act in their cases, sparing them convictions.

Judge Johnson noted that the company had expanded into the UK and Portugal despite economic downturns, supported causes, and contributed significantly to the economy and local community. He said the firm had an unblemished safety record, treated their staff as "part of the family," and that this incident was clearly an aberration.

Commenting on the outcome of the proceedings, Mark Cullen, HSA assistant chief executive, said: "It is essential that employers manage and conduct work activities being carried out at the place of work to ensure the safety, health and welfare of all employees. We urge employers and their workers to think about the task you're asking others to carry out, or that you are about to undertake, and to conduct an appropriate risk assessment before starting the work.

"This is particularly important for work activities at height, where there is increased potential for serious injury. Work at height can be performed safely when there is a risk assessment completed, and where appropriate work equipment is chosen. Persons should only be lifted to height by equipment which has been specifically designed for that purpose."

Join the Irish Mirror’s breaking news service on WhatsApp. Clickthis linkto receive breaking news and the latest headlines direct to your phone. We also treat our community members to special offers, promotions, and adverts from us and our partners. If you don’t like our community, you can check out any time you like. If you’re curious, you can read ourPrivacy Notice.