On the 29th March 2009, Mr O'Rourke, aged 59, was shopping in the B&Q DIY store, Belgard Retail Park, Belgard Road, Tallaght, Dublin 24.
At approximately 14.10 hours, Mr O'Rourke was struck by a 500kg bundle of lap-panel fencing which fell approximately 4 meters from the top bay of storage racking in the garden centre. Mr O'Rourke died as a result of the injuries he sustained.
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The Health and Safety Authority investigation revealed that the bundle of fencing panels had not been seated correctly on the storage racking and that this event could easily have been prevented. B&Q Ireland Ltd pleaded guilty to a breach of Section 12 of the Safety, Health and Welfare at Work Act 2005 in that they failed to manage and conduct their under-takings in such a way as to ensure individuals at the place of work (not being their employees) were exposed to risks to their safety, health and welfare which resulted in the death of Mr O’Rourke.
Speaking after the judgement, Martin O'Halloran Chief Executive of the Health and Safety Authority said: "It is clear in this case that there was a failure on the part of the retailer to ensure that members of the public were not exposed to risks to their safety, health and welfare while work was being carried on. Employers have responsibilities to protect the safety of anyone who has access to their place of work whether a worker or a member of the public."
(CD/BMcC)
