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Sunday World
2 days ago
- Sunday World
Company fined €270k for safety breach after death of man in workplace
Emotional scenes in court as family of Andrew Fleming hug driver of roller involved in tragic accident A company fined €270,000 following a workplace accident that led to the death of Andrew Fleming (45) has acknowledged the judgement of the court and said that their thoughts are with everyone affected by the tragedy. Colas Contracting Ltd received the substantial fine at Tralee Circuit Criminal Court after pleading guilty to two breaches of health and safety work regulations. The company has now been convicted on one of the charges. Judge Ronan Munro, presiding over the case, said that the company had a duty to protect workers but failed to do so and this led to the death of Galway man Andrew Fleming. The court previously heard that Tommy Nyland and Andrew Fleming were both working on a road project in Kerry. Mr Nyland was driving a rubber tyre roller in reverse while Mr Fleming was removing safety signs on the road. He was knocked over by the roller and suffered fatal injuries. The incident occurred on the the R551 at Meelcon, Cross of the Woods, Tarbert, Kerry on August 11, 2020. Both men were subcontracted to work with Colas Contracting Ltd. The company was in charge of road resurfacing works following the laying of cables by the ESB. Andrew Fleming Mr Nyland of Kilnock, Brickens, Mayo (51) came before Tralee Circuit Criminal Court charged with careless driving causing death and a breach of duty under the Safety Health and Welfare Act. He pleaded guilty to both and has been convicted on the careless driving charge. Judge Munro said the driver had 'little culpability' in this matter. He said Mr Nyland was not trained and that this incident was not about driving, so much as a workplace accident. He said Mr Nyland is filled with remorse after 'he unintentionally and accidentally killed his work colleague'. He said he could see Mr Nyland is consumed by the event and his friend's death. He fined him €100. The grief-stricken family of Mr Fleming had pleaded in their victim impact statement for Mr Nyland not to receive a custodial, financial or driving penalty for his part in the workplace accident. There were emotional scenes in court last week after the sentencing as the family hugged Mr Nyland. Judge Munro said he had never seen such compassion by a family. Mr Nyland had also previously pleaded for forgiveness for the accident and thanked the family for their compassion. 'I can't change what has been done. I wish I could, I hope you can forgive me,' he said. Judge Munroe, in sentencing Colas Contracting, said the aggravating factors in this case included the fact that Mr Fleming and the driver of the roller, Tommy Nyland, were not properly trained. The supervisor was also not on site at the time, although this was the final job of the day and had not been anticipated to take place, the court was told. Judge Munro said it was a would appear to be a relatively simple job, with Mr Nyland driving a roller to fix a gouge on the road and Mr Fleming collecting safety signs. Judge Munro said the evidence outlined previously showed that one of the wing mirrors on the roller had been closed in, and the driver was concentrating more on not colliding with moving traffic on his outside lane. Judge Munro said the safety rules are clear that 'you do not mix plant and people' and this was not followed in this case, nor was the appropriate training. "Neither man could not have imagined what would have happened,' he said. Judge Munro said the plea of guilty by the company was a mitigating factor, as was the ex-gratia payment to the child of Mr Fleming, who the court had heard lost a wonderful father who will never see her grow up. The court was told the company, which has been in operation since 1980, has no previous convictions. At the previous sitting of the court, the family of Mr Fleming had also appealed for safety measures to be put place to ensure no other family goes through the trauma they suffered. "Nothing will bring Andrew back but we hope improvements will be made to ensure nothing like this happens again. Safety should be the principle of any project and everything that can be done should be done [for safety],' said Jamie Fleming. The court heard that Colas Contracting had taken measures to ensure safety is now paramount and this included not only steps on paper but on the ground, including unannounced inspections and disciplinary measures for safety breaches. Andrew Fleming News in 90 Seconds - July 22nd Judge Munro said he noted that the company has 'taken matters seriously and have taken actions' and that the Health and Safety Authority are happy with the measures taken. He imposed a penalty of €270,000 for the charge that the company failed to provide a system of work in relation to the resurfacing that was practicable, safe and without risk to health and, as a result, Mr Fleming died. Following the case, Colas Contracting Limited issued a statement which said it acknowledged the judgment of the Circuit Court in respect of the circumstances surrounding the tragic death. 'Our thoughts today are most importantly with the family and friends of Mr Fleming and indeed, with everyone else affected by this tragedy,' it said. The Health and Safety Authority noted the judgement. 'Working in and around plant and equipment is one of the main contributing factors in workplace fatalities and serious non-fatal incidents. Work activities that involve plant and equipment must be planned and organised in such a manner that the work can be carried out safely,' it said.
Sunday World
6 days ago
- Sunday World
Driver asks for forgiveness as he admits charges in fatal workplace accident
Colas Contracting Limited has also pleaded guilty to two safety and welfare at work breaches The family of the late Andrew Fleming, who died in a workplace accident in Kerry, have said their hearts are broken. But in the midst of their grief they have called for safety measures to be in place to ensure that no family has to go through the trauma they went through. "We want to know what happened, we have been waiting five years without answers,' said Jamie Fleming - a brother of the deceased who gave an emotional victim impact statement on behalf of the family and of Mr Fleming's daughter. Mr Fleming from Dunmore, Galway was 45 at the time of the accident. The court heard, during evidence that Tommy Nyland and Andrew Fleming were both working on a road project in Kerry. Mr Nyland was driving a rubber tyre roller in reverse while Mr Fleming was removing safety signs on the road. He was knocked over by the roller and suffered fatal injuries. Mr Nyland of Kilnock, Brickens, Mayo (51) came before Tralee Circuit Criminal Court charged with careless driving causing death and a breach of duty under the Safety Health and Welfare Act. This charge involved placing at risk the safety, health and welfare of a person in connection with work activities, by driving a rubber tyre roller in reverse, while the rear view near side mirror was turned inwards and reversing in third gear and as a consequence Andrew Fleming suffered personal injuries and died. He pleaded guilty to both charges. The incident occurred on the the R551 at Meelcon, Cross of the Woods, Tarbert, Kerry on August 11, 2020. Both men were subcontracted to work with Colas Contracting Ltd at the time of the incident. The company were in charge of road resurfacing works following the laying of cables by the ESB. Friends and family paid tribute to Andrew Fleming on Facebook The plant equipment and both Mr Nyland and Mr Fleming were supplied or on hire to Colas from Roadcare and were therefore under the direction of Colas Contracting Ltd at the time of the accident. Colas Contracting was also before the court on two charges of a breach of duty under the Safety Health and Welfare Act. It had previously pleaded guilty to both charges which included that the company as an employer failed to provide a system of work in relation in the resurfacing of the roadway that was planned, organised and maintained and revised as appropriate and as a result Mr Fleming suffered injuries and died. The second related to the failure to conduct work activities safely. Jamie Fleming said in his victim impact statement that it was 'clear there were failings here'. "Nothing will bring Andrew back but we hope improvements will be made to ensure nothing like this happens again. Safety should be the principle of any project and that everything can be done should be done [for safety],' he said. The grief-stricken family also said that nobody had set out that morning with the intention of causing the tragic death of Andrew, including Tommy Nyland. They pleaded for Mr Nyland not to be receive a custodial, financial or driving penalty for his part in the workplace accident. Senior Counsel Lorcan Connolly prosecuting for the State led Garda Daniel O'Mahony in evidence and he told the court the roller was being driven in reverse in third gear at 21km, when the operating manual states it should not be driven in reverse in this gear. Inspector with the Health and Safety Authority Gerard McSweeney also pointed out in evidence led by Mr Connolly that the roller should be driven and turned around rather than reversed, and this is included in the company risk assessment and procedure but was not followed. The court also heard that Mr Nyland had no formal training in regard to driving such a machine. One of the wing mirrors was also turned inwards, so it was not in the correct position to provide an optimal view, the court was told. It had been knocked in by bushes and had not being refocused, Mr Nyland told gardaí when he was questioned following the incident. It was determined to be a 'contributory factor' in the incident by the Health and Safety Authority. Mr Nyland was also focusing on ensuring that he did not to go into the traffic, which was being led in convoy on one lane during the works, while reversing the roller. The machine the court heard can be driven from both sides, and in this case the driver was in the off-side position. Evidence was also discussed regarding whether or not the reversing beeper was working on the day. During tests following the incident, it appeared to work intermittently, but it could not be determined if it was working on the day or not, the court was told. Mr McSweeney also told the court that signs should only be removed with all machinery is gone from the road, but that a gouge was being fixed on the road at this time. He said that while a safety work plan had been prepared, it was not shared with employees, and both the engineer and supervisor had not been on site at the time of the accident. The cause of death of Mr Fleming was catastrophic trauma due to a crushing incident while working on roadworks, the court was told. The death has left 'hole in the hearts' of the family and their lives have been changed forever following the accident, Mr Fleming said in his victim impact statement. Mr Fleming told the court that the family had already lived through the loss of their brother in a fatal road traffic accident and then had to face the loss of Andrew. In a victim impact statement, also read in court by Jamie Fleming, Andrew's daughter told of her heartbreak and the impact the loss of her father had on her and how he will not be around to see her learn to drive or walk her up the aisle. "The impact it has had can't be put into words,' she said. Mr Nyland got into the witness stand and said he was using this opportunity to say sorry. "Whatever I say won't change anything, I can't put it right. I am sorry from the bottom of my heart,' he said. 'I can't change what has been done. I wish I could, I hope you can forgive me,' he said. He also thanked the Fleming family for the compassion they have shown to him. The court was told he has no previous convictions and is father of two teenage children, and to say he is 'overcome with guilt might be an understatement'. Senior Counsel for Colas Consulting Remy Farrell also offered their apologies to the family. He said the company had pleaded guilty to two causation offences and they fell short of their duties imposed by law and this caused the death of a their loved one. He said the company was set up since 1981 and has no previous convictions for breaches. It has 70 employees in Galway, Mayo and Roscommon. Since the fatal incident many steps have been taken by the company to ensure safety is paramount going forward, and these steps were handed into Judge Ronan Munro. These include the court was told site safety plans, which are not only produced but communicated to all employees and enforced with unannounced weekly site audits. Training is also now key, and a Health and Safety adviser had been recruited. Mr Farrells also outlined that civil proceedings have bene dealt with, and that the company wish to make a provision for the education of Mr Flemings daughter. The case was adjourned to next Thursday, July 17 for sentencing.
