The director of a building firm has been warned by a judge that he and his wife could be jailed, and their company's assets sequestered, unless they implement a safety plan for a Dublin site.
In the High Court Mr Justice Kelly told Mr Joseph Comerford, executive director of Cruson Developments Ltd, that he cannot treat health and safety obligations to workers as "optional extras".
"They are not optional and they are not extras," the judge said.
Mr Justice Kelly said that there are "minimal" obligations under the Health and Safety Acts aimed at protecting workers engaged in "dirty, unattractive and hazardous work".
The judge told Mr Comerford his firm had patently not complied with these minimal obligations and would have to do so before work could resume at Cruson's Cathal Brugha Street site.
Cruson Developments was building a hotel at Cathal Brugha Street but the High Court last month ordered that all work at that site cease after being told of a number of alleged breaches of health and safety regulations there. It also heard a worker had fallen from a considerable height on the site.
In court yesterday, Mr Garrett Cooney SC, for Cruson, asked Mr Justice Kelly to vary the order relating to the site to facilitate the carrying out of a number of remedial works aimed at improving the safety of the site.
Counsel asked, once these works had been completed, that the court allow normal building work to resume. His client was engaged in the construction of a hotel which was due to be completed in April, Mr Cooney said. That deadline would not now be met but his client was anxious to resume normal work. The site had been closed for some weeks at very considerable expense and his client was keeping workers on. Mr Cooney said his client was concerned that the matter should not be left over to the next court term.
The judge said the site had been closed down because of failure to observe health and safety regulations and Cruson had only itself to blame. Mr Cooney said his client accepted that.
Mr Feargal Foley, for the National Authority for Occupational Safety and Health, said the authority was prepared to consent to a varying of the order shutting down the site to allow for the carrying out of remedial works in accordance with a prepared safety audit and with three risk assessment documents. Counsel said it was unlikely a health and safety plan could be finalised before tomorrow and asked for liberty to mention the matter on Friday.
Mr Comerford, of the Old Rectory, High Street, Castlecomer, Co Kilkenny, said he was the executive director of Cruson Developments Ltd. He and his wife, who was the other director, owned the company.
He agreed with Mr Cooney that a worker, Mr Larry O'Sullivan, had suffered a fall at the Cathal Brugha Street site. Mr O'Sullivan was treated in hospital and was making a recovery.
Mr Comerford said he had changed to another firm of safety consultants which had been engaged in recent weeks in reviewing safety procedures on the site. The firm was also involved in negotiations with the authority.
A safety audit and remedial works plan had been drawn up and he told the judge he would "absolutely" ensure all the measures in these documents would be implemented. He also undertook to honour all safety requirements in the future.
The judge told Mr Comerford that failure to comply would amount to contempt of court and could lead to his own and his wife's imprisonment and the sequestration of his company's assets. Mr Comerford said he understood that.
The judge said he took a serious view of the company's failure to honour its obligations to its workers and the court would enforce the law with vigour.
He said he would vary the existing court order so as to allow remedial works to be carried out on the site. When that was done, an application to resume ordinary building work could be brought before the court.
Building work would recommence only if the court was satisfied that the necessary remedial and other works were done, the judge said. He granted liberty to mention the matter on Friday.