Roofer gets suspended jail sentence after man falls from scaffold

Daniel Hooper was given a 16-week custodial sentence, suspended for 12 months, following Iain Smith’s fall from a height of more than 25 ft while working for him.

On 13^th June 2023, 36-year-old Iain Smith had been carrying old roof slates down a ladder attached to the scaffold platform at a house in Honiton when he fell. He cracked his skull and broke five vertebrae and several ribs. Devon Air Ambulance took Mr Smith to Derriford Hospital where he was put into an induced coma for five days. He has since recovered but still suffer from the effects of his injuries.

An investigation by the Health & Safety Executive (HSE) found that 28-year-old Daniel Hooper, trading as Hooper Roofing, failed to ensure the health, safety and welfare of his employee as he did not undertake any planning or appropriately supervise the work at height or supply suitable equipment to do the task safely.

The HSE investigation found that ladders were used to transfer heavy slate tiles to and from the scaffolding platform and this practice was not, so far as reasonably practicable, safe.  There are alternative methods of transferring the slate tiles to and from a scaffolding platform that eliminate the need for ladders to be used for this task. These include the use of a pulley system or use of a mechanical conveyor, the HSE said.

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^th February 2025.  He was also ordered to pay costs of £10,875.

HSE inspector Thomas Preston said “Falls from height account for around half of all deaths in the construction industry and Mr Smith is very fortunate to still be alive today.

“The risks of working at height and the control measures are well established, including the need to supervise the work appropriately.  Alternative methods of moving materials up and down from a scaffold platform are available and must be considered when planning roofing projects.”

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