Prosecutions. The Judge ordered that both parties give a compulsory sum of 15,000 to the victim s family.

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1 Prosecutions April 2009 to March 2010 John Graham (Dromore) Limited John Graham (Dromore) Limited after pleading guilty was fined a total of 50,000 on 13 th of May 2009 at Antrim Crown Court. Two fines of 25,000 were imposed for breaching Regulation 3(1) (a) of the Management of Health and Safety at Work Regulations (NI) and Regulation 6 of the Working at Heights Regulations (NI) The case arose out of a fatal accident on the 6 th October 2006 at a construction site in Dhu Varren, Portrush when an employee fell into an underground tank. Balcas Timber Limited Balcas Timber Limited after pleading guilty was fined 10,000 on 21 May 2009 at Dungannon Crown Court for a breach of Article 4(2) (a) Health & Safety at Work (NI) Order The case arose out of an incident on the 16 th March 2006 when an employee was carrying out maintenance on an inclined chain conveyor when the conveyor started automatically. The employee suffered amputation of his left am below the elbow and chest injuries as the result of the entrapment. Meehan Drilling & Kee Developments Meehan Drilling & Kee Developments after pleading guilty were each fined 1,000 on 25 May 2009 at Newry Crown Court. Meehan Drilling pleaded guilty to a breach of Article 4(2) (a) of the Health & Safety at Work (NI) Order Key Developments pleaded guilty to a breach of Article 5 of the Health & Safety at Work (NI) Order. The case arose out of a fatal accident at a construction site off the Fathom Line outside Newry on 31 st January 2007, when an employee of Meehan Drilling was electrocuted when he made contact with a drilling rig as it touched overhead power cables on site. The Judge ordered that both parties give a compulsory sum of 15,000 to the victim s family. Irwin Gibson, Maghera Mr Irwin Gibson, Maghera was fined 500 on 5 June 2009 at Coleraine Magistrates Court after pleading guilty to a breach of Regulation 4 (1) (c) of the Work at Heights Regulations (NI) The case arose following an accident in

2 October 2006 when two employees were injured when the JCB telehandler they were on overturned. Mr. Roy Kelso, Farmer Mr Roy Kelso a farmer was fined a total of 17,500 after pleading guilty on 6 June 2009 at Dungannon Crown Court. A fine of 15,000 was imposed for a breach of Article 5 (2) of the Health & Safety at Work (NI) Order 1978 and a fine of 2,500 for a breach of Regulation 28 (e) of the Provision and Use of Work Equipment Regulations (NI) The case arose following the investigation into an accident on 28 April 2008 when a 76 year old woman died as a result of multiple injuries she sustained when struck by a telescopic handler. PFG Plant Hire Limited PFG Plant Hire Limited was fined 30,000 on 11 June 2009 at Dungannon Crown Court after pleading guilty to breaches of health and safety legislation. A fine of 25,000 was imposed for breach of Article 4 of the Health and Safety at Work (NI) Order 1978 and a fine of 5,000 for breach of Article 5 of the Health and Safety at Work (NI) Order The case arose following an incident on 25 January 2008 when a lorry driver died after a part of a wall he was demolishing fell on him. Dickinson Legg Limited Dickinson Legg Limited was fined 2,000 on 23 June 2009 after pleading guilty at Ballymena Magistrates Court to a breach of Regulation 5 of the Management of Health and Safety at Work Regulations (NI) The case arose following the investigation of an incident which occurred in November 2004 at the Gallaher s Tobacco Factory Ballymena. An employee of a sub-contractor engaged by Dickinson Legg Ltd. was cleaning the rollers on a rotating conveyor belt when his left hand became trapped and he sustained a serious injury to his left shoulder and arm. PB Formwork Limited PB Formwork Limited was fined 35,000 on 26 June 2009 at Laganside Crown Court after pleading guilty to a breach of Article 4 (2) (a) of the Health and Safety at Work (NI) Order The case arose following an incident on 28 February 2008 when an employee was trapped after the dumper truck he was driving overturned. The employee suffered injuries including the amputation of his right leg.

3 Francis Campbell & Sons Limited F Campbell & Sons Limited was fined 15,000 on 7 September 2009 at Antrim Crown Court after pleading guilty to a breach of Regulation 5 (1) of the Provision and Use of Work Equipment Regulations (NI) The case arose out of a fatal incident on the 29 June 2006 when a defective tailgate of a trailer opened prematurely and allowed its load to be released and suffocated an employee. Creevecastle Ltd Creevecastle Limited was fined a total of 15,000 on 24 September 2009 at Antrim Crown Court after pleading guilty to breaches of health & safety legislation. A fine of 10,000 was imposed for a breach of Article 4 of the Health and Safety at Work (NI) Order 1978 and a fine of 5,000 for a breach of Regulation 4 of the Provision and Use of Work Equipment Regulations (NI) The case arose following an incident on 6 May 2008 when an employee died when the woodworking machine that he was attempting to move fell on him. Montgomery Transport Limited Montgomery Transport Limited was fined 75,000 on 19 October 2009 at Laganside Crown Court for two breaches of health & safety legislation. A fine of 50,000 was imposed for a breach of Article 4 (2) (c) of the Health & Safety at Work (NI) Order 1978 and a fine of 25,000 for a breach of Regulation 3 (1) (a) of the Management of Health and Safety at Work Regulations (NI) The case arose out of a fatal incident on 5 March 2008 when an employee was using an acetylene burner to dry the metal rims of a lorry tyre, when the tyre exploded. Robert Lawrence Shaw t/a R L Asbestos Services On 19 October 2009 Robert Lawrence Shaw t/a R L Asbestos Services was sentenced to two years imprisonment suspended for 3 years at Downpatrick Crown Court for the fraudulent and unsafe manner in which he ran his asbestos removal business. In June 2003, HSENI commenced a comprehensive investigation on Mr Shaw as a result of allegations that the company had been engaged in serious asbestos removal malpractice. At the same time the police launched their own investigation into RL Asbestos Services. These investigations culminated in 20 health and safety charges for asbestos removal malpractice at ten educational establishments and 125 forgery and theft charges for forgery of asbestos clearance certificates at 38 locations. The sentence will run concurrently for all charges and it is also understood that the Serious Organised Crime Agency (formerly the Assets Recovery Agency) is to seek the recovery of some 60,000 to 70,000 from Mr Shaw as a consequence of his conviction.

4 John Graham (Dromore) Limited John Graham (Dromore) Limited was fined a total of 65,000 on 29 October 2009 at Belfast Crown Court after pleading guilty to two breaches of health and safety legislation. A fine of 40,000 was imposed for a breach of Article 4 (2) (a) of the Health and Safety at Work (NI) Order 1978 and a fine of 25,000 for a breach of Regulation 28 (e) of Provision and Use of Work Equipment The case arose following a fatal incident on 27 February 2008 when an employee died after a telehandler reversed over him. Northstone (NI) Limited and Gerard Hayden Northstone (NI) Limited was fined a total of 60,000 on 20 November 2009 at Dungannon Crown Court after pleading guilty to three breaches of health and safety legislation. Three fines of 20,000 were imposed for breaching Article 5 of the Health and Safety at Work (NI) Order 1978, Regulation 3 of the Management of Health and Safety at Work Regulations (NI) 2000, and Regulation 16 of the Construction (Design and Management) Regulations (NI) Gerard Hayden, the driver of the tipping lorry was also fined 300 after pleading guilty to a breach of Regulation 3 of the Management of Health and Safety at Work Regulations (NI) The case arose following an investigation into an incident on 28 February 2006 when a sub-contractor died when he touched the side of a lorry as it came into contact with overhead electricity cables. Balcas Timber Limited Balcas Timber Limited was fined a total of 50,000 on 16 December 2009 at Omagh Crown Court after pleading guilty to a breach of health and safety legislation for a breach of Article 4 (1) of the Health and Safety at Work (NI) Order The case arose following an investigation into an incident on 31 May 2006 when a maintenance fitter died when the conveyor he was repairing moved, causing him to receive fatal crushing injuries. Fermanagh District Council Fermanagh District Council was fined a total of 45,000 on 19 March 2010 at Omagh Crown Court after pleading guilty to two breaches of health and safety legislation. A fine of 5,000 was imposed for a breach of Article 4 and a fine of 40,000 for a breach of Article 5 of the Health and Safety at Work (NI) Order The case arose following an investigation into an incident on 8 April 2008 when an employee of a sub-contractor of the council was operating an excavator

5 in a flooded area when it overturned into a deep excavation. He was removed from the excavator by the emergency services but later died in hospital.