DEFICIENCIES IN DOCUMENTS AND INEXPERIENCE A FACTOR IN ACCIDENT

ACCORDING to Health and Safety Authority investigator, Brian McHugh, Jackson Engineering Ltd’s health and safety statement did not contain a risk assessment for the construction/installation work at a customer’s place of work, but only on its own premises. And, it was his belief the accident could have been prevented. Mr McHugh told Sligo Circuit Criminal Court the risk assessment sheet for the job at Bruss on September 1st, 2018 was deficient, in that it did not include the lifting of crane parts and only dealt with overhead pipes and contact with machines.

He also informed the court the method statement did not contain details of lifting the jib section safely or how to prop or support it.

Explaining how the project should have been done, Mr McHugh said all the material, wrapping, etc, should have been removed first, and spacing issues should have been done on the ground.

“It should have been positioned from the start when it’s [ jib section] was horizontal, when it is clear and clean of plastic. It should be lifted in one go, clamped on, straps released and never left free standing. When lifting down, straps can be fed under, held suspended and no person should be allowed into the area until the jib section is in place.”

A statement from Stanley Jackson, co director of the company said he referred Mr O’Malley to the 2015 method template, and asked him to prepare a statement. He said Mr O’Malley was not left to his own devices regarding the project and Mr Jackson was overseeing things and took responsibility.

Joint Director of Jackson Engineering Ltd, Irene Jackson described her business as a ‘small family company’ that was in operation for 25 years. The company had an unblemished health and safety record up until September 1st, 2018. She said although it was Mr O’Malley’s first time on a project like this and he had only acquired a Safe Pass not long before, he was regarded as an “extremely capable mechanical engineer.”

“There was a gap there as a staff member was gone, we felt it was only fair he was given an opportunity to get experience,” said Ms Jackson.

She said the 2015 method statement had been prepared by an outside consultant, She said her husband, Stanley was not aware that the jib would be delivered with such dense wrapping around it. It was thought that the installation would be done in one step without having to place the jib on the ground.

Counsel for Jackson Engineering, Mr Desmond Dockery, SC, instructed by Ms Blaithin Gallagher, BL and Seamus White, solicitor, said there was no evidence the company ignored warnings of health and safety or deliberately took short cuts to profit.

The company had no previous convictions and only undertook sporadic crane installation previous to this. Once the task was done correctly with an appropriate lifting plan, the company ceased all off site installation work. And, after the accident the company developed a safety statement with a lift plan which was submitted to the HSA for approval.

Mr O’Malley was made aware he could attend court and make a Victim Impact Statement but he did not opt for either. The court was told while unable to work the company had topped up his occupational benefit payment so he was effectively on full wages, and, when he returned to work the company canteen was brought from upstairs to ground level.

Details of the company’s financial standings were provided to the court by accountant, Mr Michael Kelly who detailed that Jackson Engineering had service loans of €86,000 per year.

This was a result of financial difficulty resulting from acquiring Johnson Manufacturing in 2005 through equity on the family home. Johnson’s had debt of €2.7million and a restructuring of debt was needed. The company is now not allowed to make borrowings of over €20,000 without Bank of Ireland’s consent and no expenditure or liability over this amount. Mr Dockery put forward that if the company was fined over €20,000 the bank may deem the company unviable and liquidate it.

In sentencing, Judge Comerford said the law was there to protect workers, and, a breach did occur, resulting in “deep and grievous” harm. The judge said the accident had permanently altered the rest of the young man’s life. He added that the offences did not occur with “criminal intent” but were borne out of a failure to take “adequate care”.

Judge Comerford said though the company was culpable, its culpability stands at a lower level and commended the way in which it had dealt with the injured man in the aftermath.

“It was a task that required specialist expertise, it should have been clear to Jacksons that expertise was needed. They had this expertise but did not administer it correctly.”

The judge added there had been no clear leader on the day to make decisions. He said Jackson’s never envisaged the work to be undertaken in the way it did and if they were aware of it it would not have happened, but, it did take place. The company was convicted of the regulatory breach with the other matters taken into consideration. The matter was adjourned to March 8th next for clarity on when the fine will be paid.