23 January 2006 - Company Owner Receives Custodial Sentence for WAH Fatality

23 January 2006 - Company Owner Receives Custodial Sentence for WAH Fatality:

A company owner, Mr. Wayne Davies, of A&E Buildings in Knighton, Powys, received an 18 month custodial sentence following a prosecution brought by the Crown Prosecution Service (CPS).

The case was brought by the CPS following an investigation by the Police and the Health and Safety Executive (HSE) into the death of Mr. Mark Jones, whilst in the employ of Mr. Davies.

Mr. Mark Jones from Ludlow and two colleagues were involved in the construction of a steel framed barn on Saturday 28 February 2004. During the installation of the barn roof, a 'home-made' basket was used whilst balanced on the forks of a telehandler, both of which belonged to the owner of the company, Mr. Davies.

The telehandler tipped over and threw both Mr. Jones and his colleague approximately 25 feet to the ground. Mr. Jones sustained injuries, resulting in his death. His colleague received serious injuries.

The owner of the company, Mr. Davies, at an earlier hearing admitted to breaching the Health and Safety at Work Act 1974 (HSWA), Section 2(1), by failing to ensure the safety of his employees. He also pleaded guilty to having breached Regulation 5 of the Provision and Use of Work Equipment Regulations 1998 (PUWER), by providing telehandling equipment which was not properly maintained.

HSE Principal Inspector, Joy Jones, commenting on the case, 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...