Sole trader fined after worker suffered serious injuries
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.
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.
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.”
Phil's comments
Falls from height are the leading cause of workplace deaths in construction and maintenance sectors. Planning allows employers to follow a structured safety approach:
- Avoid working at height if possible
- Use collective protection (e.g., guardrails)
- Use personal protection (e.g., harnesses)
- Prepare rescue plans
Trying to ‘get away’ with not including costs for edge protection can have serious consequences, as this case illustrates.