Companies fined €225k over deaths of Limerick bridge workers

TWO COMPANIES were fined a total of €225,000 at Limerick Circuit Court this Friday in connection with the deaths of two men who drowned while working on Thomond bridge in the city.

TJ O'Herlihy, aged 36, of Castleisland, County Kerry, and Bryan Whelan, aged 29, of O'Brien's Bridge, County Clare were fatally injured when the basket in which they were working, and which was attached to a lorry-mounted crane, fell into the Shannon. A third worker who was in the cage – Paul Murphy, from Askeaton - managed to free himself and was rescued. 

Following an investigation by the Health and Safety Authority (HSA), two companies - Nationwide Crane Hire Limited and Palfinger Ireland Limited - were prosecuted on indictment before the circuit court in July.

Nationwide Crane Hire Limited pleaded guilty to a regulatory breach regarding providing a safe place to work while Palfinger Ireland Limited pleaded guilty to failing to give information pertaining to the manual when they supplied the crane to Nationwide Crane Hire.

Companies plead guilty to roles in deaths of Limerick bridge workers

At the conclusion of the day-long case in July, Judge Tom O’Donnell expressed his condolences to the families on this "desperate, desperate tragedy". He adjourned sentencing to this Friday to consider all the evidence.

Judge O’Donnell fined Palfinger Ireland Limited €25,000. Nationwide Crane Hire Limited was fined €200,000. 

In a statement issued after the judgement, the HSA said their investigation "determined that the winch safety overload protection system on the lorry-mounted crane was defective and did not operate to prevent the wire rope on the crane from being overloaded".

Mark Cullen, assistant chief executive of the Health and Safety Authority, said: "The provision of plant and equipment that is maintained and safe to operate is of the utmost importance in carrying out any work activity.

"It is critically important that all safety devices and protection systems that are on the equipment are maintained and in good working order so as to protect the persons which have to operate and use the plant and equipment. As can be seen in this particular incident, failure to do so can lead to tragic outcomes.”

Seán Fitzgerald, partner at legal firm HOMS Assist who is working with the Whelan family on a related civil case, read out a brief statement on behalf of John and Margaret Whelan -  the bereaved parents of the late Bryan Whelan (pictured below).

"We have waited more than seven years to get answers as to why our 29-year-old son died tragically in a workplace accident on Thomond bridge, Limerick, on August 29, 2015. Bryan was fatally injured while repairing the well-known bridge. 

"The Health and Safety Authority successfully prosecuted this case against the crane operator and the cane hire company who are responsible for our son’s death. While the fines handed down by Judge Tom O’Donnell today confirm that the fatal injuries to our son was caused by the defendants, that is of little consolation for the loss of our son. 

"The Whelan family welcomes today's judgement and acknowledges this step offers some closure after seven long years. We will now continue the fight in the civil proceedings where the defendants have still not admitted liability,” read out Mr Fitzgerald.