Health and Safety Failings – Engineer fined for fraudulent Gas Safe claims

Engineer fined £6,000 for fraudulently claiming to be Gas Safe Registered

Key Facts:

• Self-employed man fined for multiple has safety breaches after putting homeowners lives at risk by taking on work he was not sufficiently competent to undertake
• He fraudulently claimed to be Gas Safe registered when he was not, and never had been.
• He was fined £6,000 and £500 in costs for multiple breaches of gas safety breaches.

The Case:

A self-employed engineer, NS, has been sentenced after deceiving a local kitchen fitting company into believing that he was Gas Safe registered. He was contracted to carry out work on three kitchen refurbishments at properties in Newcastle between September and December 2012. The work he undertook involved the installation of gas appliances, which included gas hobs and a central heating boiler.

It is a legal requirement that any work carried out on gas appliances must be done by a Gas Safe engineer. NS had never been Gas Safe registered, and was not sufficiently competent to carry out the work required. When asked by the hiring company, NS fraudulently claimed to be Gas Safe registered.

The kitchen fitting company contacted Gas Safe to check the work. The Gas Safe regional investigation officer found faults in the fitting of a boiler that could have endangered life or property if operated. The investigating officer switched the boiler off straight away.

The HSE then began an investigation, and the case was heard at Newcastle Magistrates’ Court on 4 March 2015. NS was prosecuted for multiple gas safety breaches. He pleaded guilty to six breaches and was fined £6,000 and £500 in costs.

What the HSE Inspector had to say:

Speaking after the hearing the HSE Inspector Jonathan Wills stated that:

“Mr Scott displayed a deliberate and reckless approach to the law by putting the owners of these three properties at risk with a view to profiting financially.

Having deceived those involved into thinking he was Gas Safe registered he carried out work which in one instance could have resulted in someone being seriously injured or even killed.

This case should act as a reminder that HSE will prosecute those who flout the law in such a way, putting the lives of members of the public in danger.”

What Gas Safe had to say:

The Chief Executive for the Gas Safe Register, Russell Krämer, said:

“Illegal gas work is dangerous and can put lives and property at risk. It’s vital that you employ a Gas Safe registered engineer to carry out any gas work. Every registered gas engineer carries a Gas Safe ID card. Always ask to see the card and check their unique licence number with Gas Safe on the website or call the free helpline on 0800 408 5500.”

What the law states:

Regulation 3(3) of the Gas Safety (Installation and Use) Regulations 1998 states:

“No employer shall allow any of his employees to carry out any work in relation to a gas fitting or service pipework and no self-employed person shall carry out any such work, unless the …self-employed person.. is a member of a class of persons approved for the time being by the Health and Safety Executive for the purposes of this paragraph.”

Regulation 3(7) of the Gas Safety (Installation and Use) Regulations 1998 states:

“No person shall falsely pretend to be a member of a class of persons required to be approved under paragraph (3) above.”

Further information on gas safety can be found here.

Homeowners and landlords can check whether a gas engineer has a valid licence card by visiting the Gas Safe website or calling 0800 408 5500.

Find details of our safety training courses here. 

Don’t hesitate to get in touch if we can help you find a solution to your safety matters.

Follow us on twitter: @safety_matters