Shannon Valley Plant Hire and construction company has received a fine of €600,000 following the fatal accident of a young employee at their quarry location. Christopher Miley, 31, said farewell to his partner and their three children on the morning of October 28, 2021, unknowing that he would not make it back home that day.
Mr. Miley was employed to refuel vehicles for Shannon Valley at Behan Quarry in Rathcoole, where he was tragically hit by a digger under poor visibility conditions due to wet and dark weather. The court was informed that Shannon Valley lacked an appropriate system for refuelling vehicles after sunset. There was no traffic marshal to oversee operations and the refuelling area was unlit.
Shannon Valley acknowledged their failure in ensuring the safety of workers on the site by pleading guilty. Behan Aggregates and Recycling Limited, who run the quarry, also admitted to failing in implementing suitable operating protocols at the location.
Manus Tiernan, an inspector from the Health and Safety Authority, informed the prosecutor, Diana Stuart, that Mr. Miley had been refuelling vehicles at Behan Quarry for about two years before the tragic incident. On the day of the accident, the digger driver saw Mr. Miley arriving in his lorry at approximately 6.40 am, but thought he was due to start his work elsewhere. The driver was in motion when he felt a jolt and realised he had hit Mr. Miley.
The emergency services, who found it challenging to reach the muddy site, announced Mr. Miley dead shortly after 7 am. Mr. Miley’s partner, Shelly Keating, along with other family members, attended the court hearing on Tuesday. The directors of Shannon Valley Plant Hire – Mick, David, and Dermot English – and a representative from Behan Aggregates were also in attendance.
In announcing the verdict, Judge Martin Nolan remarked that a discernible amount of carelessness was noticeable at the site that contributed to the fatal incident involving Mr. Miley. The judge emphasised that such an incident should have been averted.
The judge highlighted that the hazardous situation which Mr. Miley found himself in was glaringly evident. He particularly underscored the optimum risk of a man wandering in darkness amidst operational vehicles at the site.
Judge Nolan pointed out that as part of their duties, Shannon Valley must ensure safety standards are adhered to at the quarry site. In the case of Mr. Miley, he criticised the absence of sufficient lighting and a proper protocol concerning his refuelling duty.
While acknowledging the conscientious nature of the directors of Shannon Valley and their profound remorse over Mr. Miley’s untimely death, Judge Nolan expressed his determination that they had been negligent towards ensuring safety at this particular site. Consequently, he imposed a €600,000 fine, to be settled within half a year. The hearing revealed that €3 million was the highest possible fine in such cases.
Judge Nolan also dealt with the matter concerning Behan Aggregates and Recycling, confirming that their culpability was relatively minor in comparison. Hence, the fine imposed was €50,000.
Remy Farrell SC, speaking in defence of Shannon Valley Plant Hire, confirmed that all directors were present to extend an apology to Mr. Miley’s family. Post a risk review, he clarified that Shannon Valley has now adopted several new procedures which includes a refuelling strategy.
In defence of Behan Aggregates and Recycling, Eoghan Cole SC stated that the incident led to the termination of its affiliation with Shannon Valley, and the quarry business faced losses for some time subsequently. He conveyed the company’s profound regrets and expressions of sympathy to the Miley family for the incident that transpired on their site.