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News

Custodial sentence for construction company owner

HSE InfoLine : 20 January, 2006  (Company News)
Construction company proprietor Wayne Davies of A & E Buildings, based in Knighton, Powys, was today sentenced to an 18-month custodial sentence following a prosecution brought by the Crown Prosecution Service. The case heard at Hereford Crown Court, followed a joint investigation between the police and the Health and Safety Executive into the death of Mark Jones.
Construction company proprietor Wayne Davies of A & E Buildings, based in Knighton, Powys, was today sentenced to an 18-month custodial sentence following a prosecution brought by the Crown Prosecution Service. The case heard at Hereford Crown Court, followed a joint investigation between the police and the Health and Safety Executive into the death of Mark Jones.

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.'

On Saturday 28 February 2004, Mr Jones, aged 40, from Ludlow, Adam Waygood, aged 21 from Leominster and Jonathan Joy, aged 23, also from Leominster were involved in a project managed by Mr Davies to construct a steel framed barn on a farm in Kinver, near Stourbridge, South Staffordshire.

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

The telehandler tipped over, throwing both men approximately 25 feet to the ground. Mr Waygood received serious injuries and Mr Jones sustained fatal injuries from which he died.

At an earlier hearing Mr Davies was found guilty of a breach of the Health and Safety at Work etc 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 a single charge of providing a telehandler and equipment that was not properly maintained, breaching Regulation 5 of the Provision and Use of Work Equipment Regulations 1998.
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