Company fined €1.2 million after fatal roadworks incident

Whitemountain Quarries Limited has been fined €1.2 million after pleading guilty to breaches of Irish health and safety legislation following a fatal roadworks incident in County Donegal that claimed the lives of three people.

The sentence was imposed by Judge Roderick Maguire at Letterkenny Circuit Criminal Court on 31 July.

Fatal roadworks collision

The prosecution related to an incident on 20 August 2020 during roadworks on the R238 at Three Trees, Quigleys Point.

At approximately 10.30pm, a family of four was returning home when the front left tyre of their car left the carriageway and entered an unfinished hard shoulder.

As the driver attempted to steer back onto the road, the vehicle aquaplaned on the freshly laid surface before leaving the carriageway and entering Lough Foyle.

Three occupants died in the incident, while a fourth suffered injuries and was rescued by the emergency services.

Safety failings

The court heard there was a lack of appropriate temporary traffic management signs and traffic cones to guide vehicles safely through the roadworks.

Whitemountain Quarries Limited pleaded guilty to two offences under the Safety, Health and Welfare at Work Act 2005.

The first related to failing to ensure, so far as was reasonably practicable, that members of the public were not exposed to risks to their safety during the works, resulting in the deaths of three occupants of the vehicle.

The second related to the same breach of duty, which resulted in personal injuries to the fourth occupant of the car.

Mark Cullen, Chief Executive Officer at the Health and Safety Authority, said: “This was a devastating incident that resulted in the loss of three lives and caused serious injury to another family member.

“Employers carrying out roadworks have a legal duty to ensure, so far as is reasonably practicable, that members of the public are not exposed to risks to their safety and health arising from those works.

“Temporary traffic management measures, including appropriate signage and traffic control arrangements, are critical safeguards designed to protect road users.

“This case highlights the potentially catastrophic consequences when such controls are not adequately implemented and maintained.”

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