Two firms sent for trial over workplace fatality at Dublin quarry

Tom Tuite

Two firms have been sent forward for trial over the death of a father of three during a workplace incident at a quarry in Dublin.

Christopher Miley (31), of Carrigacurra, Valleymount, Co Wicklow, died at a quarry and recycling facility in Rathcoole, Co Dublin, on October 28th, 2021.

Emergency services attended the scene after he was fatally injured, and the Health and Safety Authority (HSA) 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 on Monday.

The Director of Public Prosecutions (DPP) directed trial on indictment, meaning the case will be heard in a higher court with more severe penalties available.

A HSA inspector served books of evidence of company representatives and Judge Halpin granted a return for trial order for the companies, which have yet to enter to indicate a plea.

He told their lawyers that the case would be listed at the Dublin Circuit Criminal Court for mention on October 6th.

L Behan Aggregates and Recycling Ltd is accused of failing to ensure that lighting capable of supplying illumination sufficient to ensure health and safety was fitted throughout the quarry.

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.

The prosecution's case is that, as a consequence of this, 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, and 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.