20.01.2006

Company owner gets 18 months

Construction company proprietor Wayne Davies of A & E Buildings, was sentenced today at Hereford Crown Court to 18 months in prison, after being found guilty of a breach of the Health and Safety at Work Act 1974 Section 2(1) for failing to ensure the safety of employees in the time before the incident

In addition he also pleaded guilty to a single charge of providing a telehandler and equipment that was not properly maintained, breaching Regulation five of the Provision and Use of Work Equipment Regulations 1998 (PUWER).
see vertikal.net Nov 24th 2005
Employee Mark Jones aged 40, from Ludlow and Adam Waygood,
aged 21, and Jonathan Joy, aged 23, both from Leominster
were involved in a project managed by Davies to construct a steel framed barn on a farm in Kinver, near Stourbridge, South Staffordshire.

Whilst installing the barn roof, Jones and Waygood worked at roof height from a 'home-made' basket balanced on the forks of a telehandler. Both the basket and telehandler belonged to Davies.

The telehandler tipped over, throwing both men approximately 7.5 metres to the ground. Waygood received serious injuries, Jones died in hospital a few days later.

Commenting on the case, Joy Jones, HSE principal inspector said:
"This case is a reminder to all those involved in the construction industry of their legal obligations to manage health and safety.

The verdict shows that Wayne Davies failed in both his duty to ensure the safety of his employees and in his responsibility to provide safe and suitable means of working at height.

All contractors should ensure that all work at height
is planned, supervised and carried out in a safe way. Workers involved should be trained and competent, any equipment being used should be suitable for the task and appropriately inspected."