Two crane companies that pleaded guilty to health and safety failures that led to the tragic deaths of two men working at Thomond Bridge in Limerick in 2015, have been fined €225,000 by Judge Tom O'Donnell at the Circuit Court in Limerick.
Brian Whelan, aged 29, of O'Briensbridge in Co Clare, and father-of-two Timothy O'Herlihy, aged 36, from Castleisland, Co Kerry, drowned when the steel cage they were working in collapsed into the River Shannon on 29 August 2015.
They were carrying out maintenance work on Thomond Bridge located beside King John's Castle in Limerick city and were standing in a steel cage platform suspended by a crane over the river when the cage suddenly fell into river, trapping both men under the water.
They were also harnessed to the cage, which further complicated efforts to save them.
An investigation by the Health and Safety Authority (HSA) established that the two-block safety system on the crane failed to work as it was intended, resulting in overload on the attached cable, causing it to snap, resulting it the catastrophic events which followed.
Luke Carbery, on behalf of Palfinger Ireland Ltd, based in Tullamore, Co Offaly, and Nationwide Crane Hire director, Brendan Rainsford, based at Dock Road, Co Limerick, both pleaded guilty to breaches of the Health and Safety Act.
Dealing with the case, Judge Tom O'Donnell fined Nationwide Crane Hire €200,000, and a fine of €25,000 was imposed on Palfinger Ireland. Both fines are to be paid during the next 12 months.
In a statement outside Limerick Circuit Court, Solicitor Sean Fitzgerald, acting on behalf of Mr Whelan's parents John and Margaret and his family, said they welcomed Judge O'Donnell's decision but said they have waited over seven years to get answers as to why their son died tragically in a workplace accident.
"While the fines handed down confirm the fatal injuries to our son was caused by the defendants, that is of little consolation for the loss of our son.
"This step offers some closure after seven long years. We will continue to fight in the civil proceedings, where the defendants still have not admitted liability," said Mr Fitzgerald.
Following the decision Mark Cullen, Assistant CEO of the HSA said: "The provision of plant and equipment that is maintained and safe to operate is of the utmost importance in carrying out any work activity.
"It is critically important that all safety devices and protection systems that are on the equipment are maintained and in good working order to protect the persons which have to operate and use the plant and equipment.
"As can be seen in this particular incident, failure to do so can lead to tragic outcomes," he said.
