Building company fined in workplace fatality case 

By Isabel Hayes 

A building contract company which admitted its guilt in relation to failings that led to the death of a man who was crushed by steel while building a primary school hall has been fined €250,000. 

Ganson Civil and Engineering Contractors, based in Balbriggan Business Park, Co Dublin, pleaded guilty to two counts in relation to the workplace accident that occurred at St Oliver Plunkett National School in Malahide on June 3, 2019. 

Worker John Joe McAfee was killed instantly when a steel structure fell on top of the mobile platform he was standing on at the building site, Dublin Circuit Criminal Court heard on Friday (7th). 

His partner and children were in court for the hearing. 

A director of Ganson previously pleaded guilty on the company’s behalf to one count of failing to ensure employees were not exposed to risk and one count of failing to coordinate arrangements to check the implementation of safe working procedures. 

The maximum fine for these offences is €3million, the court heard.

A number of other defendants remain before the courts in relation to the incident. 

An inspector with the Health and Safety Authority (HSA) told Kieran Kelly BL, prosecuting, that Ganson won the tender to carry out building works at the primary school.

Ganson subcontracted the work to various entities, one of whom, in turn, subcontracted work to Mr McAfee’s company. 

The court heard that Mr McAfee and some of his employees were putting up the steel structures according to a design they had been supplied with. 

A number of steel frames and columns had been erected, but they were unstable and had not been anchored correctly, causing one to fall on Mr McAfee’s platform. 

The court heard that a site engineer who should have been on-site to supervise this work had left at midday despite being contracted to be present.

The court heard that a representative from Ganson later told the HSA that had they (Ganson) been present on the site, they would have stopped the work.

Mr McAfee’s widow and two adult daughters read out victim impact statements to the court while counsel read out a fourth statement from his stepson.

They each described their devastation at the loss of Mr McAfee, who was described as a loving partner, father and grandfather who worked seven days a week to provide for his family. 

They were visibly upset in court as they each recalled hearing the news of the accident, which they said continues to haunt them.

His eldest daughter said Mr McAfee never got to meet her daughter, who he would have “spoiled rotten”, and said she can’t contemplate getting married as her father won’t be there to walk her down the aisle. 

Mr McAfee’s partner of 26 years described the utter devastation of living without him.

She said the family has had to sell possessions to keep a roof over their head, and all she has left are “memories and pictures”. 

“John Joe was the light of my life,” she said. “He went above and beyond for his family. I miss him more and more every day.” 

Shane Murphy SC, defending Ganson, read out a brief statement from the company, extending its apologies to the family for its “role in the untimely death of John Joe McAfee”. 

“The company apologises unreservedly for the sorrow and distress caused to them by his tragic death,” the company stated. 

The court heard Ganson co-operated fully with the HSA investigation and was extremely helpful at all stages. Defence counsel submitted the early guilty pleas were meaningful. 

Mr Murphy said Ganson had a “supervisory element”, but this was not a case with just one defendant.

He said a “series of events came together to produce this tragic result”. 

Passing judgment, Judge Martin Nolan noted Ganson was the main contractor on the site. 

“It was their obligation to make sure the construction was safe.

“It was their obligation to make sure that their contractors and sub-contractors were up to the task.

“It was their obligation to make sure others did their work properly.” 

The judge took into account a number of mitigating factors, including the guilty pleas, co-operation and expressions of remorse.

He said Ganson was a “reasonably big firm” and he would hand down a substantial fine “because it failed in its responsibility to make sure other parties did their job properly”. 

He handed down a fine of €250,000 to be paid within six months and he extended his condolences and “greatest sympathies” to the family of Mr McAfee.

“There is a hole in their lives and they have are still suffering as a result of his loss,” he said.