Health and Safety Failings – Kitchen fitter fined for illegal gas work

Kitchen fitter fined for illegal gas work

Key Facts

• A kitchen fitter has been fined after carrying out unsafe gas work at a residential property.
• His work was classified as immediately dangerous, posing a potential risk of explosion.
• He was fined £5,000 plus costs of £483.

The Case

An HSE investigation was launched into the health and safety practices of a Torquay based kitchen fitter.

After falsely claiming to be on the Gas Safe register, the kitchen fitter removed a hob in Sep 2014, but failed to cap the remaining gas pipe, putting residents at risk. The alarm was raised after a Gas Safe registered engineer was called to complete the job.

The subsequent HSE investigation found that the supply pipe had been left uncapped, and the kitchen fitter had simply turned off the supply at the emergency control. This meant it could be turned on by accident at any time, posing a potential gas explosion risk. The Gas Safe registered employee classified the work as ‘immediately dangerous’. He was also operating under the Gas Safe register logo, despite neither himself nor his company being registered with Gas Safe.

The case was heard at Torquay Magistrates’ court on Fri 15 May 2015 where the kitchen fitter pleaded guilty to three breaches of the gas safety regulations. He was fined £5,000 plus costs of £483.

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 employer or self-employed person, as the case may be, 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.’

Regulation 26(1) of the Gas Safety (Installation and Use) Regulations 1998 states:

‘No person shall install a gas appliance unless it can be used without constituting a danger to any person.’

Regulation 6(2) of the Gas Safety (Installation and Use) Regulations 1998 states:

‘No person carrying out work in relation to a gas fitting shall leave the fitting unattended unless every incomplete gasway has been sealed with the appropriate fitting or the gas fitting is otherwise safe.’

What the HSE inspector had to say

Speaking after the hearing, HSE inspector Simon Jones said:

‘Mr Heath put his customer’s life at risk by carrying out work on gas pipes which he was not legally entitled to do. He also deceived customers by claiming his company was registered with Gas Safe.

All domestic gas work must be done by registered Gas Safe engineers to ensure the highest standards are met to prevent injury and loss of life.’

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