Mark Hayes, who had been trading as WSS Scaffolding, was sentenced to 15 months in prison in relation to health and safety breaches which led to the death of Grant Dunmall at a residential site in Notting Hill on 2 July 2012. Mr Hayes had been responsible for a tower scaffold at the property which was constructed without any edge protection. In addition, Mr Dunmall was not provided with any other personal protective equipment which could have prevented his fall or mitigated the effects of a fall.
The prosecution followed two earlier prosecutions in relation to the same incident, after Mr Hayes failed to provide essential documentation concerning the incident. These earlier proceedings led prosecutions for breach of the HSWA and the Employers’ Liability (Compulsory Insurance) Act 1969 and combined fines of £15,000 with £5,601 in costs. Following consideration of those missing documents, the HSE concluded that there was more that Mr Hayes could have done and prosecuted him for a breach of Regulation 4(1) of the Working at Height Regulations 2005 for failing to properly plan, supervise and carry out the work at height in a safe manner.
Mr Hayes was found guilty of the offence and was sentenced to 15 months in prison. The sentence will run concurrently with an unrelated term of life imprisonment following conviction for the murder of his brother in a family feud.