Employer given a suspended prison sentence after worker falls from scaffolding

An investigation was conducted by the Health and Safety Executive (HSE) following a serious incident on the 13th June 2023.

A father of three sustained serious injuries after falling more than 25 feet (7.5 metres) whilst manually carrying roof tiles down a ladder attached to fixed scaffolding. Devon Air Ambulance took Mr Ian Smith to the hospital where he was put into an induced coma for five days. He has since made a fantastic recovery however still suffers from his injuries, which included five broken vertebrae as well as skull and rib fractures.

His employer, Daniel Hooper (self-employed) was given a 16-week custodial sentence (suspended for 12months) following the incident.

The HSE investigation found that Hooper Roofing had failed to undertake any planning, appropriately supervise the work at height or supply suitable safety equipment to do the task safely. Whilst ladders can be used for accessing a scaffolding platform, HSE guidance is clear that ladders should only be used for low risk and short duration tasks. Work equipment (such as a chute, pulley or mechanical conveyor) or other measures (such as a harness) must be used to prevent falls where working at height cannot be avoided.

Every employer should take sufficient and competent measures to prevent falls from height (which could cause personal injury). Falls from height account for around half of all deaths in the construction industry, therefore It is vital that employers plan work at height on any size building or roofing project.

Daniel Hooper, of Brook Road, Cullompton, Devon pleaded guilty to breaching Regulation 4(1) of the Work at Height Regulations 2005. He was sentenced to 16 weeks imprisonment, suspended for 12 months and ordered to complete 150 hours of unpaid work in the community at Exeter Magistrates Court on 6 February 2025. He was also ordered to pay costs of £10,875.

Read the full article at: HSE Press Release

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Accounting for around a 25% of all employee deaths and 8% of all non-fatal injuries every year, falls from height (many involving a scaffolding or ladders) remains the main cause of workplace fatalities.

All scaffolding should be inspected to ensure it is safe. Planning and preparation is vital to health and safety. Scaffolding inspections must highlight any defects or issues that could cause a risk to health and safety (such as a lack of appropriate safety equipment), any corrective actions taken (even when those actions are corrected promptly, as this can assist with the identification of any recurring problem). Additionally, employers must make sure that any ladder is suitable for the task at hand.

Inspections should be carried out:
• Following the scaffoldings installation / before first use
• At an interval of no more than every seven days thereafter
• Following any circumstances liable to jeopardise the safety of the installation e.g. high winds

Good to Go Safety have a range of pre-use inspections which help spot defects and can be done on site by a competent employee. Pre-use checks help employees ensure that a equipment is safe to use and any problems or issues can be reported to a manager. Detailed visual inspections are the responsibility of the employer and should be carried out at regular intervals and recorded. Records of these inspections provide a snapshot of the state of equipment / working environment over time.

For more information visit www.goodtogosafety.co.uk