HSE principal inspector Joy Jones said: “This case is a reminder to all those involved in the construction industry of their legal obligations to manage health and safety.”
The HSE said the verdict showed 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,” it added, “should ensure that all work at height is planned, supervised and carried out in a safe way. Workers involved should be trained and competent.”
It also said that any equipment being used should be suitable for the task and appropriately inspected.
On Saturday 28 February 2004, Jones, aged 40, from Ludlow, Adam Waygood, 21, from Leominster and Jonathan Joy, 23, also 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 25 feet to the ground. Waygood received serious injuries, whilst Jones’ injuries were fatal.
At an earlier hearing, 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 to 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.
Mr Davies was sentenced to 18 months imprisonment for manslaughter. No separate penalties were awarded for the health and safety breaches and no award was made for costs.
