Subbie Sentenced After Worker’s 25-Foot Scaffold Fall

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A self-employed roofer has been handed a suspended prison sentence after a worker suffered serious injuries in a fall from scaffolding in Devon.

Daniel Hooper, 28, was sentenced to 16 weeks in prison, suspended for 12 months, after Iain Smith, 36, fell more than 25 feet from a scaffold platform while working for him in Honiton in June 2023.

Mr Smith, a father of three, had been carrying old roof slates down a ladder attached to the scaffold when he fell, sustaining multiple injuries, including five broken vertebrae, skull fractures, and broken ribs. He was airlifted to Derriford Hospital by Devon Air Ambulance and placed in an induced coma for five days.

Despite making what has been described as a remarkable recovery, he continues to experience lasting effects from his injuries.

An investigation by the Health and Safety Executive (HSE) found that Mr Hooper, trading as Hooper Roofing, had failed to plan or supervise the work properly. He had also neglected to provide appropriate equipment to ensure the safety of his workers.

HSE officials highlighted that ladders should only be used for short-duration, low-risk tasks. The investigation found that Mr Smith had been using a ladder to manually transfer heavy slate tiles to and from the scaffold platform, a practice deemed unsafe when safer methods, such as pulley systems or mechanical conveyors, were available.

Mr Hooper, of Brook Road, Cullompton, pleaded guilty to breaching the Work at Height Regulations 2005. He was sentenced at Exeter Magistrates’ Court on 6 February 2025.

In addition to his suspended sentence, he was ordered to complete 150 hours of unpaid community work and pay costs of £10,875.

Following the sentencing, 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 required to mitigate those risks are well established. Employers must plan work carefully and ensure it is supervised appropriately.”

The case was prosecuted by HSE enforcement lawyer Iain Jordan, with support from paralegal officer Helen Jacob.

Falls from height remain one of the leading causes of workplace fatalities and serious injuries in the UK. The HSE continues to urge employers to ensure that all work at height is properly planned and that suitable safety measures are in place.

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