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England | Sole trader fined after worker suffered serious injuries

Rebecca May

2 min read

Roofers replacing old roof shingles with new shingles on a residential home using a nail gun

HSE | A worker suffered serious injuries after falling from a flat roof that did not have any edge protection.

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.

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.

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.

– Accurate at time of publication | August 2025

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