Daniel Hooper was given a 16-week custodial sentence, suspended for 12 months, after Iain Smith fell from a height of over 25 feet on 13th June 2023.

Exeter Magistrates Court also ordered Daniel to complete 150 hours of unpaid work and pay costs of £10,875.

Mr Smith had been working for Mr Hooper on the scaffolding and manually carrying old roof slates down a ladder at the time.

He fell at the domestic property in Honiton, Devon, and suffered injuries including five broken vertebrae and fractures to the ribs and skull.

Iain was airlifted to hospital where he was in an induced coma for five days. He has since made a “remarkable” recovery, but still suffers from effects of his injuries.

Investigating, the Health and Safety Executive (HSE) found Daniel had failed to ensure the health, safety and welfare of his employees on the site.

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Mr Hooper had not undertaken any planning or appropriately supervised the work at height, nor supplied suitable equipment to do the work safely.

The HSE 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 - such as the use of a pulley system or a mechanical conveyor.

“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,” said HSE inspector Thomas Preston.

“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.”

This HSE prosecution was brought by HSE enforcement lawyer Iain Jordan and paralegal officer Helen Jacob.