An order closing a construction site for 23 houses in Co Tipperary was issued by the High Court yesterday.
Mr Justice Kelly said he was satisfied conditions at the Kilkishen Homes Ltd site at Monroe, near Nenagh, were very unsafe and in breach of statutory regulations.
The judge made an order, returnable to Tuesday next, prohibiting any work at the site.
Mr Dermot O'Brien, an inspector with the National Authority for Occupational Safety and Health, said when he and another inspector spoke to Mr Pat Madden, who described himself as in charge of the site, about safety concerns regarding scaffolding, Mr Madden had said "in a defiant and menacing way" that the inspectors were on private property and if anything happened to either of their cars, Mr Madden would not be responsible.
Mr O'Brien said he was also verbally abused by Mr Johnny Madden, father of Mr Jason Madden, a director of Kilkishen Homes Ltd, who had told him that "under no f...ing circumstances will I close the site".
In an affidavit, Mr O'Brien outlined details of a number of inspections he carried out on the site in October and during this month. He had expressed concerns about scaffolding and that employees were not wearing safety helmets and had told Mr Jason Madden of his concerns. Some minutes after he had served a prohibition notice relating to scaffolding on October 18th, he saw two employees working from a scaffold.
Mr O'Brien said Mr Jason Madden had confirmed that no safety statement or safety and health plan had been prepared for the site. The company was told that four improvement notices would be issued relating to health and safety. He had tried a number of times this month to contact the directors of the company, but was unsuccessful. On November 7th, he had written to the company requesting immediate voluntary closure of the site.
On November 12th, Mr Johnny Madden telephoned him and said no one would use the scaffolding on the site until it was rectified, that safety helmets and high-visibility jackets were now being worn and that he would co-operate with the inspectors' notices.
Mr O'Brien said he visited the site again on November 20th, having received an anonymous phone call from a member of the public expressing concern about safety. He saw two workers working from scaffolding and workers without safety helmets.
On November 21st, he decided in the interests of health and safety to apply to the High Court for a closure order.
