On 19 March 2010, Fermanagh District Council was fined a total of £45,000 after pleading guilty to two breaches of health and safety legislation.
The case against the council was brought by the Health and Safety Executive for Northern Ireland (HSE NI), in relation to an incident on 8 April 2008 on the council's landfill site at Drummee, Enniskillen.
A worker was employed by a subcontractor of the council. Under direction of council staff, he was operating an excavator in a flooded area when it overturned into a deep excavation flooded with water. He was removed from the excavator by emergency services, but later died in hospital.
Enquiries by the HSE NI revealed that Fermanagh District Council had neither sufficiently assessed the risks involved when operating machinery in flooded areas, nor developed an adequate safe system of work. The council pleaded guilty to breaching the Health and Safety at Work (Northern Ireland) Order SI 1978/1039, by failing to ensure the safety of their employees and non-employees.
Mr Kevin Campbell, investigating inspector with HSE NI’s Major Investigation Team said, “It is essential that all work activities are properly assessed and plans put in place to protect everyone from danger. Systems of work should be completed, documented and communicated to the workforce".
