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25/11/2009

£60k Fine After Powerline Death

A Northern Ireland contractor has been fined £60,000 for health and safety breaches which led to the death of a worker in 2006.

Northstone (NI) Ltd, the principle contractor during the fatal incident, faced three breaches at Dungannon Crown Court last week. One of the firm's sub-contractors, Gerard Hayden, was also fined.

The cases, brought by the Health and Safety Executive for Northern Ireland, related to a road resurfacing project at Bellanaleck, in Co Fermanaghan on 28th February 2006.

Martin McKay, a sub-contractor, died when he touched the side of a lorry as it came into contact with overhead electricity cables.

Subsequent enquiries by HSENI revealed that the principal contactor for the site, Northstone (NI) Ltd, who had overall responsibility for the construction work, failed to ensure a safe work area near overhead power lines.

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The company had not identified the presence of overhead lines by placing suitable warning devices to alert approaching construction traffic.

Northstone (NI) Ltd pleaded guilty to a breach of Article 5 of the Health and Safety at Work (NI) Order 1978, for failing to ensure the safety of their sub-contractors, and was fined £20,000.

The firm also pleaded guilty to a breach of Regulation 3 of Management of Health and Safety at Work Regulations (NI) 2000 for failing to complete a suitable risk assessment and fined £20,000.

An third fine of £20,000 was imposed for a breaching Regulation 16 of the Construction (Design and Management) Regulations (NI) 1995 for failing to ensure that subcontractors adhered to health and safety procedures.

Gerard Hayden, the driver of the tipping lorry, was fined £300 for a breach of Regulation 3 of Management of Health and Safety at Work Regulations (NI) 2000.

After the hearing Kevin Campbell, an inspector with HSENI, said: "It is vital that all construction companies properly identify the location of electricity power lines before starting the work.

"Where it is not possible to avoid working close to these power lines, systems must be implemented to minimise and control the risks."

He added: "These systems need to be communicated to the workforce, implemented, and maintained."

(PR/GK)

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