- Man fell from height due to lack of edge protection.
- Second time HSE action against sole trader.
- HSE guidance on working safely at height is available.
A worker suffered serious injuries after falling from a flat roof that did not have any edge protection.
A sole trader has been fined following a prosecution by the Health and Safety Executive (HSE).
It was the second time Gary Smith, trading as GJ Smith Roofing, had failed to provide edge protection on a job, with HSE previously taking enforcement action against him.
Smith pleaded guilty following the incident on 15 December 2022, when a team of roofers and labourers were working on his behalf, replacing a flat roof on a house in the Luton area.
At around 11am, one of the workers was carrying large wooden boards across the roof, when he inadvertently stepped off the edge of the roof falling a distance of about 10 feet. He suffered a fractured vertebrate in his back and a broken ankle.
Working at height remains one of the leading causes of workplace injury and death and HSE has detailed guidance on working safely at height.
The HSE investigation found the task had not been properly risk assessed and planned which meant that edge protection around the flat roof had not been put in place, despite it being reasonably practicable to do so. Following HSE intervention, edge protection was installed before work re-commenced.
Gary Smith of Watling Street, Dunstable, pleaded guilty to a breach of Regulation 4(1) of the Work At Height Regulations 2005. He was fined £2,125 and ordered to pay costs of £5,445 at a hearing at Luton & South Bedfordshire Magistrates’ Court on 29 July 2025.
Speaking after the hearing, HSE inspector Tim Nicholson said: “Clearly Mr Smith hadn’t learnt from his previous failures.
“Sadly, this latest offence resulted in a man being seriously injured.
“What makes this incident even more frustrating is the fact it could so easily have been avoided by properly planning the task and ensuring that suitable edge protection had been put in place prior to work starting.”
This HSE prosecution was brought by enforcement lawyer Julian Ward and paralegal officer Helen Hugo.
Further information:
- The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
- More information about the legislation referred to in this case is available.
- Further details on the latest HSE news releases is available.
- HSE does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so. The sentencing guidelines for health and safety offences in England and Wales can be found here and for those in Scotland here.
- HSE guidance about working safely on roofs is available.