Two firms are to face trial on health and safety laws over the death of a father of three during a workplace accident at a quarry in Dublin.
Christopher Miley, 31, of Carrigacurra, Valleymount, Wicklow, passed away at a quarry and recycling facility in Rathcoole, Co Dublin, on October 28, 2021.
Emergency services attended the scene of an incident after he was fatally injured, and the Health and Safety Authority commenced an investigation.
L Behan Aggregates and Recycling Ltd of Windmill House Rathcoole and Shannon Valley Plant Hire Ltd of Drumshambo, Co. Leitrim now face charges under Section 77 of the Safety, Health and Welfare at Work Act 2005.
The case came before Judge Anthony Halpin at Dublin District Court.
State solicitor Mairead White said that the Director of Public Prosecutions directed trial on indictment, meaning the case will go forward to the Circuit Court, which has broader sentencing powers.
Both companies are yet to enter to indicate a plea. Judge Halpin adjourned the case until July for a book of evidence to be prepared.
L Behan Aggregates and Recycling Ltd is accused of failing to ensure that the quarry was provided throughout with lighting capable of supplying illumination sufficient to ensure health and safety.
It is also charged with failing to ensure that suitable instructions and operating procedures were put in place at Behan's Quarry, Windmill Hill, for the safe use of work equipment, in particular, the refuelling of plant and machinery at work in the quarry outside daylight hours and as a consequence, an individual not in its employment, Mr Miley, suffered personal injuries and died.
Shannon Valley Plant Hire Ltd is accused of failing to ensure that there was adequate lighting in place for working outside of daylight hours, that there was no traffic marshal in place during the refuelling process, that there was no proper segregation of people, and plant and machinery. The charge alleges that there was a failure to switch off plant and machinery during refuelling, and as a consequence, Mr Miley, suffered personal injuries and died.
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