Contract Services Dgn Limited, situated in Dungannon, along with their driver, John Fagan, have been held accountable for the heartrending demise of a youthful employee. The incident, which unfolded on June 8, 2021, led to a comprehensive investigation by the Health and Safety Executive for Northern Ireland (HSENI) and the Police Service of Northern Ireland (PSNI), culminating in legal repercussions for both parties involved.
The case centred around the untimely passing of Joshua Griggs, a promising GAA player and sibling to renowned Irish long-distance runner Nick Griggs. The tragedy, deemed a “monumental tragedy” by the presiding judge, resulted in Contract Services DGN Ltd incurring a substantial fine of £80,000 for contravening health and safety regulations. Concurrently, John Fagan, aged 38, received a six-month custodial sentence, suspended for a duration of two years, for his role in Mr. Griggs’ death due to careless driving. Additionally, Fagan was subjected to a 12-month prohibition from driving.
Judge Paul Ramsey KC, addressing the Newry Crown Court, articulated the magnitude of the loss, describing the incident as a “monumental tragedy and loss of life.” He further characterized the case as “difficult and heart-breaking,” underscoring that the accident which claimed the life of the 19-year-old, mere days after commencing a summer job, was “entirely avoidable” and had “cataclysmic consequences.”
Earlier proceedings saw Patrick McKenna, aged 45, a director of Contract Services DGN Ltd, acknowledge the company’s failure to ensure the health, safety, and welfare of its employees to the extent reasonably practicable. Fagan, from Dalriada Park in Dungannon, admitted to causing Mr. Griggs’ death by careless driving in Foxleigh Fields, Banbridge, and to a related health and safety offense.
Joshua Griggs, affectionately known as Josh, hailed from Newmills, just outside Coalisland. He was not only a skilled GAA player and youth team coach but also had been honoured as Reserve Player of the Year by his club Brackaville Owen Roes shortly before his death.
The court heard from prosecuting counsel Fiona O’Kane, who detailed how Mr. Griggs, a full-time student, had embarked on a summer job with Contract Services as a gully drain cleansing operator less than a week prior to the incident. On the fateful day, he was paired with Fagan, whose duty was to drive while Mr. Griggs operated the drain cleaning equipment outside the vehicle.
CCTV footage captured Mr. Griggs on the Old Newry Road, standing on the lorry’s footstep, holding onto the mirror support arm and the interior cab access handle. As the lorry navigated Foxleigh Fields, an observer witnessed Mr. Griggs on the lorry’s steps. In a tragic turn, as Fagan maneuvered a corner, Josh became ensnared under the front nearside wheel, sustaining fatal injuries.
The HSENI’s investigation revealed that while Contract Services DGN Ltd had documented evidence of training, it fell short of covering all necessary aspects as per the risk assessment for a gully operative at the time of the accident. Josh was expected to conduct daily risk assessments without adequate training or warnings about the dangers of riding on the vehicle’s footplate.
Fagan disclosed during interviews that he had not received training regarding the operative’s work around the vehicle’s exterior or their movement between sites. Judge Ramsey, in his sentencing remarks, made it clear that “reasonably practicable measures to prevent this accident were not in place,” and while Fagan’s driving met the required standard, the practice of allowing someone to cling to the lorry as described posed a significant and foreseeable danger.