P. Elliott Ltd fined €35k

P. Elliott and Company Ltd has been fined €35,000 and costs for unsafe building site conduct, which left an employee paralysed from the neck down. The firm recruited a banksman who let a crane lift metal cages weighing a third of a ton over workmen's heads. The company pleaded guilty at Dublin Circuit Criminal Court to conducting unsafe lifting operations on site at the Clarehall, Malahide Road on October 24, 2006. The family-run company, which has an address at Century Business Park, Dublin Road, Cavan, also pleaded guilty to failing to guard openings on a building site roof. It has no previous convictions. Judge Frank O'Donnell imposed a fine of €30,000 on one count and €5,000 on the other.Inspector Padraig Early of the Health and Safety Authority revealed that a cage the banksman had attached to the crane with two ties instead of four disintegrated midair and came to ground "like arrows" on top of Slovakian construction worker Marian Smutney (31). Mr. Early told Dara Hayes BL, prosecuting, that the man was paralysed from the neck down after suffering a massive head injury and three fractures to his spine. The company's CEO, David Mackey, expressed his "deepest regret" for what happened, stated that his firm places "utmost emphasis" on health and safety measures and has been recognised and awarded by the National Industry Safety Organisation. Mr. Mackey told Liam Gerard Reidy SC, defending, that the company has also made a DVD about safe lifting procedures since the 2006 accident. He said Mr. Smutney and his family received €3 million compensation and the company, which he described as "working to the limit of its overdraft", now pays an extra €1.2 million insurance per year. He said the safety manager, who had previously been on site at all times, was attending a company health and safety training day in Croke Park when the accident happened. Mr. Mackey reiterated his regret on behalf of the Elliott family and the board of directors "with sincerity and not with cringing hands."