The tragic case of a fatality in a bar in Tallaght recently leaves the owners facing a possible custodial sentence of up to 2 years in jail. The case has been adjourned for sentencing by Judge Mary Ellen Ring. What is immediately obvious is that the death of the young father of two could have easily been avoided. As with most accidents it is easy to see these things in hindsight, but in this case it was possibly more obvious.
The tragedy occurred when the assistant manager was using a good lift to travel between floors of the nightclub, due to a fault – possibly caused by lack of a thorough maintenance schedule – he was crushed to death. The practice of using the lift was commonplace.
Every employer has a clearly defined ‘Duty of Care’ towards their employees (and others who may be affected by their work) they also have a duty to provide safe equipment, safe systems of work, adequate supervision and effective safety management. All of these were absent in this case, the lift was not in a safe condition, the practice of using a goods lift to transport people was not prevented, if anything it was condoned and the system of work was inherently flawed. As with all equipment used for work, they should be only used as the manufacturer designed and intended it to be used and it should be kept in good working condition.
In this case there were prohibition signs on the lift, informing staff that it was a goods lift and not to be used for persons – as is normally the case these signs do not offer any protection from prosecution or transfer of liability.
What it comes down to again is the presence of safety management and risk assessment. Had a proper risk assessment been carried out this would have been identified as a potentially major problem and the fatality could have been avoided.
If you are a person in control of a workplace, please ensure that you have the following in pace and review it regularly:
- Safe systems of work
- Safe plant and Equipment
- Leadership, competent staff and effective supervision.
- Risk assessments on all your activities which are reviewed annually
- A Safety Management System which includes some form of audit
If you need assistance or advice on your responsibilities call Peninsula Business Services (Ireland) Ltd on 0818 923 923
