Tuesday 20 March 2018

HSE to go trial after death of paramedic who fell out of ambulance

Simon Sexton
Simon Sexton


THE HSE has been sent forward for trial accused of breaking health and safety regulations over the death of a paramedic who fell out of an ambulance.

On June 3, 2010, while on a patient transfer call-out, father-of-six Simon Sexton (43) fell out of the side door of the moving vehicle while treating a member of the public on the N3 in Stradone, Co Cavan.

Mr Sexton, who was from Cavan, died short time later and an investigation was carried out by the Health and Safety Authority.

The HSE has now been brought to court accused of failing to ensure the safety of employees in the workplace.

The case – listed as “DPP V HSE” – was before Dublin District Court this  morning.

Felix McEnroy SC, for the HSE, said that the State has already provided disclosure of material including a book of evidence. He also said that further disclosure was expected.

One of the HSE's legal team accepted service of the book of evidence which was handed over in court.

A State solicitor told Judge John O'Neill that the DPP had consented to the HSE being sent forward for “trial on indictment”.

Judge O'Neill then said he was “returning the HSE for trial to the Dublin Circuit Criminal Court” on  seven charges.

The HSE has not yet indicated how it will plead and its case will next be listed in the Dublin Circuit Criminal Court on March 22.

The charges are all under sections of the Health and Safety and Welfare at Work Act 2005.

The HSE is accused of failing to discharge a duty to ensure so far as reasonably practicable the design, provision and maintenance of equipment that are safe and without risk to health.

It has also been accused of a failure to identify a risk or hazard in the work place as well as failing to provide the information, instruction, training and supervision necessary to ensure, so far as is reasonably practicable, the safety, health, and welfare at work of employees.

The HSE is also accused of not providing systems of work that are planned, organised, performed, maintained and revised as appropriate so as to be safe and without risk to health.

The last set of charges in the case relate to provision of training adapted to take account of new or changed risks to safety, health and welfare at work.


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