Limerick farm fined for not appointing project supervisor ahead of shed extension work which led to fatality

A dairy farm in Limerick has been fined for failing to appoint a project supervisor for construction work on the extension of an agricultural shed.

At Kilmallock District Court last week, Judge Patricia Harney imposed a fine of €2,500 following guilty pleas to breaches of the Safety, Health & Welfare at Work (Construction) Regulation 2013.

The case arose following an incident that occurred on December 13, 2022, when a roofing contractor suffered fatal injuries after falling from the roof of an extension to an agricultural shed under construction on a farm located at Lacknagrour, Bruree, Co Limerick.

Lacknagrour Farm Limited pleaded guilty to Section 6(1)(b) of the Safety, Health and Welfare at work (Construction) Regulations 2013 contrary to section 77(2)(c) of the Safety, Health and Work Act 2005 (regarding the duties of the client in appointing in writing a competent project supervisor for the construction stage of the project).

The role of a Project Supervisor Construction Stage (PSCS) is to manage and coordinate the various construction work activities in such a way as to ensure the safety of all persons on site and compliance with the Safety, Health & Welfare at Work (Construction) Regulation 2013.

​Adrienne Duff, Assistant Chief Executive, HSA, said: “Working at height is a well-known hazard in all workplaces.

“It is vitally important that employers carry out risk assessments in advance of the work activities commencing in order to ensure appropriate control measures are identified and put in place to prevent an incident.”

According to HSA guidance on the appointment of a Project Supervisor, the following key questions need to be considered:

• will there be more than one contractor? (If the farmer carries out or helps with the construction work, then the farmer is considered to be a contractor);
• will the work last longer than 30 working days or 500 person days, and;
• will there be any particular risks?

The HSA’s examples of ‘particular risks’ include: works that put a person at risk of falling from a height — for example, working on a fragile roof or repairing an asbestos roof; burial under an earthfall — for example, tank excavations; works near high voltage power lines — for example, building a shed on a site which has existing power lines; or works exposing a person to the risk of drowning.

It also said work involving the setting up or taking down of heavy parts — for example, construction of slatted tanks, assembly of slatted floors or steel structures — was a ‘particular risk’.

The HSA said the appointment of a project supervisor protects farmers (clients) against possible prosecution in the event of an accident on a construction project as by making appointments, you pass on the responsibilities of the safety management of the project.

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