Misadventure verdict at inquest into quarry worker’s death

A VERDICT of misadventure was returned by a jury today (Tuesday) at an inquest into the death of a 28-year-old man who was killed instantly in June 2015 while operating a stone crusher in a quarry at Aghamore, Ballyhaunis.

The tragic death of Joseph Harrington, Sonnagh, Charlestown, was the subject of an intensive investigation by the Health and Safety Authority (HSA), which prepared a file for the DPP on the matter.

As a result, a successful prosecution was taken in relation to breaches of health and safety legislation. Mayo-based firm Harrington Concrete and Quarries – no relation of the deceased - was recently fined a total of €500,000 at Castlebar Circuit Criminal Court for breaches of health and safety in relation to the industrial accident on June 11, 2015.

At the inquest into Mr. Harrington’s death, evidence was given that he sustained fatal injuries when he fell from a height while working on the main crusher in the quarry.

Dr. Tamas Nemeth, consultant pathologist at Mayo University Hospital, who carried out a post-mortem, gave the cause of death as multiple head and vertebral injuries due to a fall.

HSA Inspector Padraic McMahon told the hearing there was no witness to the actual incident leading to Mr. Harrington’s death.

He said there was a company safety statement at the time of the tragedy. However, it failed to cover all the requirements imposed by Regulation 8 of the Safety, Health and Welfare at Work (Quarries) Regulations 2008.

The HSA official said the risk assessment called for the review or writing of a safe work method for the operation of the intake and primary crusher – but no such document exists or existed.

“Working at height is only referred to when maintenance is being carried out on the jaws of the crusher. There was no written procedure in place to deal with blockages or working at heights,” Mr. McMahon continued.

He added he was satisfied in relation to safety measures put in place by the company since the tragic accident.

Company founder and manager Frank Harrington was one of the witnesses who gave evidence at the inquest, which was conducted by the Coroner for Mayo, Patrick O’Connor.

He explained that Joseph Harrington, 'a most agreeable and capable worker', was employed In July 2014 as a general operative. His role was to operate the crusher and screening plant.

Mr. Harrington said that while the company does have the service of a Health and Safety Officer, that person was not on the site on the morning of the accident.

He said there had been no issues with the plant which Mr. Harrington operated in recent years. However, he continued, approximately ten years ago some issues were raised with the general guards surrounding the plant but this was resolved at the time.

Responding to a question from the coroner as to what steps had been taken to improve health and safety issues at the quarry, Mr. Harrington said that a full-time health and safety officer is now in place and health and safety checks are carried out on a frequent basis.

Before the jury retired to consider its decision, Brian Gill, solicitor (acting for the family of the deceased), suggested they return a narrative verdict as 'this would reflect the precise events on the day in question'.

However, Coroner O’Connor rejected the suggestion of a narrative verdict stating that in his opinion that one of three verdicts would be more appropriate – accidental death, misadventure or an open verdict.

The jury, as stated at the outset, returned a verdict of misadventure.