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Community service for bar director after employee crushed in lift shaft

A director and a shareholder of the company were sentenced in court today over the incident

A DIRECTOR AND shareholder have avoided jail but will carry out community service after a bar worker was crushed in a lift shaft.

The employee, Stephen Hampson (31), was fatally injured when travelling in a goods lift in the Blu Bar in Tallaght on 23 August 2009.

The chief executive of the Health and Safety Authority described the incident as a “terrible tragedy”.

Today, director James Lambert and shareholder David McKee of Blu Bar were ordered to carry out 200 hours of community service each, instead of a six-month jail sentence, by Judge Mary Ellen Ring in the Dublin Circuit Criminal Court following a breach of health and safety legislation.

Crushed in goods lift

Stephen Hampson was crushed between the lift car and the lift shaft in a goods lift that was not designed to carry people, the Health and Safety Authority said.

It explained that there were no controls, lights or doors on the lift car itself.

Safety features on two of the landing doors had been bypassed to allow the lift car to move with the landing doors open. This goods lift was used to carry employees and management on a daily basis.

James Lambert is Director and Company Secretary of TBC Bar Ltd (trading as Blu Bar).

He pleaded guilty to two charges under the Safety, Health and Welfare at Work Act:

  • That he did recklessly place at risk the safety, health and welfare of persons in connection with work activities
  • That he failed to manage and conduct work activities in such a way as to ensure the safety, health and welfare of employees
  • As a consequence of which Mr Stephen Hampson suffered injury and died, contrary to Section 14(b) and 8(2)(b).

David McKee, Company Shareholder, entered a guilty plea to three breaches of health and safety legislation:

  • That as a manager he failed to ensure the safety, health and welfare of employees as provided for in Section 77(2)(a) contrary to Section 80 of the Act.

This was in addition to the two guilty pleas he entered on 20th February 2014 in relation to Section 14(b):

  • That he did place at risk the safety, health and welfare of persons in connection with work activities, as a consequence of which Stephen Hampson suffered injury and died.

Speaking after the sentencing, Brian Higgisson, Assistant Chief Executive of the HSA said that this accident “should not have happened”.

The goods lift in question wasn’t designed to carry people and allowing this practice to continue resulted in a terrible tragedy. Company directors and senior managers must ensure that they provide safe places of work for their employees. The consequences of not doing so, as seen in this case, can be devastating.

Read: 46 people killed in workplace accidents last year>

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    Mute Richarddoherty
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    Jul 12th 2021, 5:54 PM

    Hopefully he won’t and leo won’t be taoiseach again
    Wishful thinking maby
    We can dare to dream

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    Mute Frank Cauldhame
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    Jul 12th 2021, 6:40 PM

    @Richarddoherty: He says he is committed to the continuation of the unprecedented coalition. Lol, of course he is, it’s the only thing he hasn’t spoofed about.

    176
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    Mute Willie Bill Bryan
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    Jul 12th 2021, 5:59 PM

    Sorry what support , like we didn’t bail out the banks either , clinging to power at all costs

    307
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    Mute Frank Cauldhame
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    Jul 12th 2021, 7:15 PM

    @Willie Bill Bryan: Remember his spoof attack on Fine Gael policies just before the last election, he somehow thought we had forgotten that his party had propped up Fine Gael in the “confidence & supply” deal for the previous five years whereby they supported every motion FG put before the Dail.

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    Mute Declan Doherty
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    Jul 12th 2021, 7:20 PM

    “Fine Gael need to come out of government, they’ve been there too long, they haven’t delivered on key issues such as housing, health and the impact of cost of living on many people.”

    “The people want a new government. That means a completely new government”

    Michael Martin January 2020.

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    Mute Frank Cauldhame
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    Jul 12th 2021, 7:34 PM

    @Declan Doherty: That’s it, he also accused FG of behaving in a “Jekyll & Hyde” manner to the electorate!!! The neck of him, he’s the looney Jekyll & Hyde character of Irish politics. He’d sell his granny.

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    Mute Brian Madden
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    Jul 12th 2021, 7:45 PM

    @Declan Doherty: and he said he kept getting the same message on the doorsteps that voters wanted FG out of government. He then goes into government with then as equals.he just wanted the gig as taoiseach. He doesn’t really care about housing and the other issues

    63
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    Mute Declan Doherty
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    Jul 12th 2021, 6:11 PM

    Martin is delusional. And as for Leo, I don’t see how we can accept a leak and a proven lia_r as Taoiseach. A week is a long time in politics and we have a long time to go before these changes happen.

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    Mute Elaine Comerford
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    Jul 12th 2021, 6:35 PM

    Martin and Leo will more than likely retire by next General Election, live off their pension and perks, in the mean time they’ll take what ever they can and not give a fiddlers….

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    Mute Ronaldo Blanc
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    Jul 12th 2021, 6:40 PM

    Dustin the turkey has better leadership skills and would do a better job than Mehole.

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    Mute Twitruser2021
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    Jul 12th 2021, 6:01 PM

    The problem is this current rainbow, is going to hand Sinn Fein, if they do get in a very poisonous chalice. I can see Micheál surviving a heave although Leo might be pushed under a bus as well although he has a few that will take the hit for him. When the dust settles and the covid bill has to be paid then we will see, who can make lemon curd toast not taste bitter.

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    Mute Gerard Heery
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    Jul 12th 2021, 6:10 PM

    @Twitruser2021: that why they’re throwing money around like confetti so the country will be well and truly broke when sinn Fein win the next election the mess will need a big shake to get the repayments in and the middle don’t have it any more

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    Mute Peter McGlynn
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    Jul 12th 2021, 6:47 PM

    @Twitruser2021: Leo could be out after investigation of his leak. Also damaged by Dublin Bay South carry on.

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    Mute David Corrigan
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    Jul 12th 2021, 9:55 PM

    @Peter McGlynn: That’s not going to happen Peter. Those guys are untouchable.

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    Mute Jess Foley
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    Jul 12th 2021, 6:16 PM

    Peaky blinders!

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    Mute Twitruser2021
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    Jul 12th 2021, 6:02 PM

    The problem is this current rainbow, is going to hand Sinn Fein, if they do get in a very poisonus chalice. I can see Micheál surviving a heave although Leo might be pushed under a bus as well although he has a few that will take the hit for him. When the dust settles and the covid bill has to be paid then we will see, who can make lemon curd toast not taste bitter.

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    Mute Niall Sheridan
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    Jul 12th 2021, 9:16 PM

    Michael gets a Taoiseach’s pension before he loses the next election and gets fired out by the rest of his buddies and rent-a-gob Leo “leading the nation” as Taoiseach into another election which might get him personally by the fifth count again!

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    Mute BK
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    Jul 12th 2021, 7:29 PM

    Dead man walking …we got a dead man walking here.

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    Mute Diarmuid O'Braonáin
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    Jul 12th 2021, 7:39 PM

    @BK: looking more than likely its gonna be an inside job that’s gonna take him out. Every press conference it gets worse and worse. Remember the whole “The banks weren’t bailed out”…

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