legal update / 6th Oct 2025

Work at height regulations: Roofer fined after worker suffers serious fall from unprotected roof

SECTION GUIDE

A self-employed roofer has been fined after a worker fell from an unprotected flat roof, suffering serious spinal and ankle injuries.

The case — investigated and prosecuted by the Health and Safety Executive (HSE) — serves as a stark reminder of why strict compliance with the Work at Height Regulations 2005 is essential for all employers and contractors.

The incident took place on 15 December 2022 at a residential property in Luton, where Gary Smith, trading as GJ Smith Roofing, was overseeing the replacement of a flat roof. At around 11am, one of his workers was carrying large wooden boards across the roof when he lost his footing and fell approximately 10 feet (three metres) to the ground below.

The worker sustained a fractured vertebra and a broken ankle in the fall — injuries that required extensive medical treatment and time off work.

A preventable Accident

HSE’s investigation found that the incident could have been entirely avoided had appropriate safety measures been in place. There was no edge protection, no risk assessment, and no safe system of work for the roofing task.

Inspectors confirmed that simple precautions — such as guardrails or temporary edge barriers — would have been reasonably practicable to install before the job began.

Following HSE’s intervention, suitable edge protection was finally fitted, and work was only permitted to resume once the site was made safe.

Worryingly, this was not the first time Mr Smith had come to HSE’s attention for similar failings. He had previously faced enforcement action for failing to provide adequate safety measures on other jobs, highlighting a pattern of poor safety management.
Court outcome

At a hearing at Luton & South Bedfordshire Magistrates’ Court on 29 July 2025, Gary Smith, trading as GJ Smith Roofing, pleaded guilty to breaching Regulation 4(1) of the Work at Height Regulations 2005.

This regulation requires all work at height to be:
- Properly planned,
- Appropriately supervised, and
- Carried out in a manner that is, so far as reasonably practicable, safe.
Mr Smith was fined £2,125 and ordered to pay £5,445 in prosecution costs.

HSE Comment

HSE Inspector Tim Nicholson commented:

“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.”

He added that working at height remains one of the leading causes of serious and fatal injuries in the UK, and employers must plan and manage such work safely — no matter how small or routine the task may seem.

Understanding the Work at Height Regulations 2005

The Work at Height Regulations 2005 (WAHR) were introduced to reduce deaths and serious injuries resulting from falls — one of the leading causes of workplace fatalities in the UK. Despite being in force for nearly two decades, these regulations remain one of the most frequently breached areas of health and safety law, particularly among small contractors and construction businesses.

The Regulations apply to all work where a person could fall and be injured, not just traditional construction work. This includes tasks carried out:

On roofs, scaffolds, or ladders
On mezzanines, platforms, or loading bays
Near open edges, fragile surfaces, or floor openings
During maintenance, cleaning, or inspection activities

Whether the job lasts five minutes or five days, if there is a risk of falling, the Work at Height Regulations apply.

Key Duties Under the Regulations

The Regulations place clear responsibilities on employers, contractors, and anyone controlling work at height, such as building owners or facilities managers. They must ensure that all work at height is:

Properly planned and organised in advance

Employers must assess the risks, plan how the work will be carried out safely, and ensure the right equipment and people are available before work starts. Planning should include environmental factors (e.g. weather conditions), material handling, and access routes.
Carried out by competent people with adequate training

Only workers who have the necessary skills, knowledge, and experience — or who are under competent supervision — should undertake work at height. Regular training ensures individuals understand how to use equipment safely and respond to emergencies.
Supervised and monitored throughout the task

Even well-trained workers need active supervision. Employers should monitor ongoing work to ensure safety measures remain effective, particularly if conditions change (for example, during strong winds or poor lighting).
Supported by written risk assessments and safe systems of work

Every task must be backed by a documented risk assessment that identifies hazards, evaluates risks, and outlines control measures. A method statement or safe system of work should then describe exactly how the work will be carried out safely, including the sequence of operations and required equipment.
Protected by preventative and protective measures

The Regulations follow a clear hierarchy of control:
- Avoid working at height where possible.
- Prevent falls by using collective protection (such as guardrails, scaffolds, or working platforms).
- Mitigate consequences if a fall occurs, using personal protective measures (such as safety harnesses or nets).
  Employers must always prioritise collective protection over individual measures wherever reasonably practicable.
Backed by an emergency and rescue plan

A rescue plan must be in place before work begins. Relying solely on calling emergency services is not sufficient. Employers must consider how a worker would be recovered safely and quickly in the event of a fall, including who will perform the rescue and what equipment will be needed.

Enforcement and penalties

Failing to comply with the Work at Height Regulations can lead to criminal prosecution by the HSE or local authorities. The consequences depend on the severity of the breach but may include:
- Improvement or prohibition notices ordering work to stop immediately until it is made safe.
- Substantial fines — often tens of thousands of pounds, especially where negligence is proven.
- Imprisonment for serious or repeated offences, particularly where injury or death occurs.
Courts also take into account an employer’s previous enforcement history, size, and financial standing when determining penalties — meaning repeat offenders can face higher fines and lasting reputational damage.
Why compliance matters

Beyond the legal requirements, following the Work at Height Regulations is about protecting people and preventing life-changing injuries. A single lapse in planning or supervision can have devastating consequences for workers, their families, and employers alike.

By ensuring every job is properly planned, supervised, and controlled, businesses demonstrate their commitment to duty of care, reduce the risk of enforcement action, and create a safer, more professional workplace.

Lessons for employers and contractors

The case of GJ Smith Roofing offers valuable insights for all employers, contractors, and sole traders who undertake work at height — whether in construction, maintenance, or property management. The incident demonstrates how small oversights can lead to life-changing injuries, prosecution, and reputational harm.

Below are key lessons every business should take away from this case:

Never start work without a written risk assessment

A comprehensive risk assessment is the foundation of safe work at height. It should identify potential fall hazards, such as unprotected edges, fragile roofs, or unstable access points, and set out practical control measures.

The risk assessment must be specific to the job and environment — generic templates are not enough. Employers should review it with the workforce before work begins and update it if conditions change, such as poor weather or additional contractors on site.

Failing to assess risks is a direct breach of the Work at Height Regulations 2005, which require that all work at height is “properly planned, appropriately supervised, and carried out safely.”
Install edge protection before workers access the roof

This case underlines the most basic but essential safety principle: never allow anyone onto a roof until edge protection is installed.

Simple collective measures such as guardrails, scaffolding, or temporary edge barriers can prevent falls entirely. These are considered reasonably practicable controls under UK law and are expected in almost all roofing or elevated work situations.

Employers should also ensure that access routes to the roof — such as ladders or mobile towers — are secure and inspected before use.
Provide adequate training and supervision

Even experienced tradespeople can make mistakes if safety isn’t properly reinforced. Workers must receive training in:
- Safe work-at-height procedures
- Equipment setup and inspection
- Emergency and rescue arrangements
- Recognising and reporting unsafe conditions
Supervisors should actively monitor ongoing work to ensure that safety controls remain in place, especially where multiple contractors are involved.

Under the law, an employer’s duty does not end once training is provided — active supervision and enforcement of safety procedures are equally important.
Act on previous HSE enforcement notices or safety warnings

A crucial factor in this case was the contractor’s previous enforcement history. The HSE had taken action against Mr Smith before for similar failings — yet the lessons were not applied.

Repeated non-compliance significantly increases the risk of prosecution and higher fines. It also signals to regulators that safety is not being taken seriously.

Employers should treat any improvement notice, prohibition notice, or verbal warning from inspectors as an opportunity to make lasting improvements to systems, training, and culture — not as an administrative burden.
Review work methods regularly to ensure ongoing compliance

Health and safety compliance is not a one-time exercise. Risk assessments, method statements, and training should be reviewed regularly — particularly when:
- New equipment or materials are introduced
- The workforce changes
- Work environments evolve
- Legislation or guidance is updated
Regular reviews ensure that work methods remain fit for purpose and legally compliant. Employers should document any changes and communicate them clearly to staff and contractors.
Seek expert advice if you’re unsure of your legal obligations

Work at height is a high-risk activity that requires technical understanding of safety systems, access equipment, and compliance frameworks. Many smaller employers lack in-house expertise — which is why engaging external health and safety professionals can be invaluable.

Consultants can help you:
- Draft compliant policies and risk assessments
- Audit work procedures
- Deliver practical safety training
- Liaise with the HSE following inspections or incidents
Working with a competent advisor not only helps prevent accidents but also provides documented evidence that the employer is taking reasonable steps to protect workers — a key consideration in any enforcement or tribunal case.
“Just a quick job” is never an excuse

Many serious falls occur during short-duration or informal jobs — cleaning gutters, repairing leaks, or replacing tiles. Employers and contractors sometimes underestimate the risk because the task seems simple or time-limited.

The Work at Height Regulations make no distinction between short and long tasks: if there is a risk of falling, full compliance is required. A few extra minutes to plan and install protection could prevent injury or save a life.
Key Takeaway

This case demonstrates that prevention is always more cost-effective than reaction. Installing edge protection, completing risk assessments, and providing training are straightforward steps that can avoid severe injury, legal action, and lasting reputational harm.

Employers who invest in safety not only meet their legal duties but also build trust with their teams, clients, and regulators — strengthening both compliance and culture.

Your Questions Answered

Everything you need to know about Work at Height Regulations

What is classed as ‘work at height’?
Any task where a person could fall and be injured — including work on roofs, ladders, scaffolds, mezzanines, or near open edges or fragile surfaces.
Who do the Work at Height regulations apply to?
They apply to all employers, self-employed individuals, and anyone who controls or manages work at height — including contractors and property owners.
What should a work at height risk assessment include?
It must identify hazards, assess who may be harmed, describe control measures, include rescue procedures, and be reviewed if work conditions change.

What counts as ‘reasonably practicable’ safety?
It means balancing the level of risk against the time, effort, and cost of preventing it. Installing guardrails or scaffolding is almost always considered reasonably practicable.
What are the penalties for non-compliance?
Breaches can result in HSE enforcement notices, fines, or prosecution. Courts also consider previous safety history, as seen in this case.
Are small businesses or sole traders exempt?
No. The Work at Height Regulations 2005 apply to all businesses, regardless of size. Even sole traders must plan and carry out work safely.

Where to find out more A collection of hand-picked useful resources for Working at Height from impact HR and beyond

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Work at height regulations: Roofer fined after worker suffers serious fall from unprotected roof

A preventable Accident