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Corrib contractor fined €300k for safety breaches which led to death

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EVIDENCE Health and Safety Authority Inspector, Greg Murphy, leaving Castlebar Circuit Court after giving evidence in a case against German civil engineering firm Wayss and Freytag Ingerieurbaun AG, after the death of German Mechanical Engineer, Lars Wagner at the Corrib Gas field in 2013. Pic: Keith Heneghan/Phocus

Áine Ryan

A German civil engineering company involved in building the Corrib Gas sub-sea tunnel has been fined €300,000 after it pleaded guilty to breaches of health and safety legislation leading to the death of hydraulic technician Lars Wagner (26) on September 8, 2013.  
Castlebar Circuit Criminal Court was told on today (Tuesday) that the German national died instantly from ‘catastrophic head injuries’ after a pressure surge in a pipe tore a joint apart while he carried out work on an oil spill in the tunnel boring machine (tbm).   
The director of the tunneling division of Wayss and Freytag, Ingenieurbau AG, Dr Klaus Richter,  pleaded guilty on behalf of the company, which was charged with failing to stop work on the tunnel boring machine (tbm) while Mr Wagner cleaned an oil spill in a chamber. Mr Brendan Grehan SC, on behalf of the DPP, withdrew charges against another contractor, BAM Civil Ltd.
Wayss and Freytag, Ingenieurbau AG and BAM Civil Ltd were joint venturers, contracted by Shell E&P Ireland to construct the 4.8km-long tunnel, which stretched under Sruwaddacon Bay to the Ballinaboy terminal . Mr Wagner worked for Herrenknecht, the company that built the specially commissioned tbm, christened Fionnuala, after the children of Lir, by Shell E&P Ireland.
Judge Rory McCabe was told the victim died instantly after a pressure surge in a pipe tore a joint apart while he carried out work on an oil spill in a small chamber of the machine. The prosecution argued that the machine should have been stopped during such work.
“At the time the victim was in a gear chamber behind the head of the machine trying to clean an oil leak. A surge in the slurry feed system caused a joint to collapse and he was hit on the back of the head,” Mr Grehan said.
Health and Safety Authority (HSA) inspector Greg Murphy said safety manuals for the tbm stipulated that the machine must be stopped during maintenance work.
“Mr Wagner had come in for work at 6am and was told by staff that there had been an oil spill and to go down to clean it. He was mopping up the oil while the machine continued to advance on its ring-building to build the [4.2 metre outer dimeter of] the tunnel,” Mr Murphy said.

Mitigation
Pleading for mitigation on behalf of the company, Mr Remy Farrell (SC)  said it was ‘a freak accident’, that there was no level of ‘foreseeability’, and that such an incident had never occurred anywhere previously. He argued that the tbm had been stopped on all other occasions when the victim was carrying out maintenance but on this occasions he was cleaning. He highlighted the excellent health and safety record of the project.
However, Mr Grehan said: “Any discussion on whether this was maintenance or cleaning simply doesn’t arise. Whether he had a wrench or a rag in his hand doesn’t matter.”
Noting how ‘dangerous’ this work was, Judge Rory McCabe said: “The fact is that he was there and nobody knew he was there who was in a position to stop the machine.”
In summary the judge said ‘the defendant failed in his duty and Mr Wagner lost his life’ due to ‘a communications failure’.
Mr Wagner’s parents and sister were in court. They declined to comment afterwards and were due to fly out from Ireland West Airport Knock in the company’s private jet.
In a statement afterwards, Brian Higgisson, Assistant Chief Executive of the HSA said: “Maintenance operations can be dangerous and should always take place in a planned and controlled manner. The most important consideration is to make sure that work does not place anyone in danger, in this case the failure to follow safety procedures led to tragedy.”  

 

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