A COUNTY Clare man on Friday appeared in court charged in connection with the workplace death of a married father of six at an industrial unit in Ennistymon in north Clare in March 2020.
At Ennis District Court on Friday, Joe Moloney of Skeagh, Inagh, Co Clare faced six separate charges under the Safety, Health and Welfare at Work Act 2005 concerning the workplace death of James (Jim) Commane of Drinagh, Ennistymon.
The charges arise from an investigation by the Health and Safety Authority (HSA) and the Director of Public Prosecutions (DPP) has now directed that the case proceed forward to the circuit court.
In court, State Solicitor for Clare, Aisling Casey said in March 2020 there was construction work ongoing at a unit at Deerpark Industrial Estate in Ennistymon in north Clare.
Ms Casey said that Mr Moloney was installing steel beams into the premises to extend the mezzanine floor area.
She said that “Mr Commane was helping Joe Moloney on the day in question and working with him and unfortunately Mr Commane fell from a height and died as a result of that fall.”
Ms Casey said that “the incident occurred on March 26th 2020 and Mr Commane died on April 15th 2020”.
Mr Commane died at Cork University Hospital and as his death occurred just after the introduction of strict Covid-19 restrictions introduced in March 2020, Mr Commane’s funeral was private in compliance with Government and HSE guidelines.
In the case, Mr Moloney is charged with failing to ensure that work at height was properly planned, appropriately supervised and carried out in a manner that was safe and without risk to health at 2 Deepark Industrial Estate on March 26th 2020.
In particular, Mr Moloney is accused of failing to ensure that work at height during the installation of structural steel at the location was carried out with appropriate control measures in place in breach of Safety, Health and Welfare Regulations and as a consequence James Commane suffered injuries and died.
Mr Moloney is also charged with failing to prepare a written Safety Statement for the works being carried out at 2 Deerpark Industrial Estate, Ennistymon March 26th 2020 contrary to Section 77(2)(a) of the Safety, Health and Welfare at Work Act.
Mr Moloney is also charged with failing to identify hazards in a place under his control and assess risks presented by those hazards at the same location on the same date contrary to the Safety, Health and Welfare at Work Act.
Acting as agent for Mr Moloney’s solicitor, Tara Godfrey, solicitor Stiofán Fitzpatrick said that Mr Moloney was present in court and applied for legal aid to Ms Godfrey to represent Mr Moloney in the case.
Judge Alec Gabbett was told that Mr Moloney is a sole trader and he granted legal aid.
Judge Gabbett adjourned the case to February 20th to Ennis District Court for a Book of Evidence to allow Mr Moloney be sent forward to Ennis Circuit Court.
