LIMERICK City and County Council is to go on trial for breaches of the Health, Safety and Welfare at Work Act 2005 following an investigation into an accident in 2015 in which council employee James (Jim) O’Carroll was injured and died. .
Following the accident at the council’s machinery yard in Newcastle West on April 14, 2015 the Health and Safety Authority conducted an investigation and is now prosecuting the council.
The Book of Evidence was served on the council at Newcastle West court this Tuesday where Judge Mary Larkin sent the case forward to the next sittings of Limerick Circuit Criminal Court.
The council faces a number of breaches under the Safety, Health and Welfare Act 2005. It is charged with failing to ensure to ensure a safe means of access and egress to the yard and also with failing to ensure that the mechanical gates at the yard functioned in such a way that there was no risk of accident to employees. It is also charged with failing to identify hazards, in particular the operation of the powered gate.
It is alleged that the powered gate to the yard was unsafe, and that there were no sensors installed outside the gate and that the force of the gate was “not limited” and “as a consequence a person suffered personal injury and died.”
Jim O’Carroll was a native of Templeglantine but lived in Newcastle West. He died on April 14, 2015 following the accident at the Machinery Yard in Newcastle West
He is survived by his sons Seamus and Padraig, by his brother Maurice, sister-in-law Kathleen and brother-in-law William Daly, by his nieces, nephews and their children. He was predeceased by his sister Mary Daly of Ballingarry.