Health and Safety Failings – Two tradesmen prosecuted for Gas Safe breaches

Two tradesmen prosecuted for Gas Safety breaches

Key Facts:

• Two tradesmen have been prosecuted after failing to comply to Gas Safety Regulations.
• A boiler was fitted in a residential property in an ‘immediately dangerous’ manner, by an engineer who was not on the Gas Safe Register.
• They were fined a total of £3,300, £1,100 in costs and a victim surcharge of £120.

The Case:

An HSE investigation was launched after two tradesmen illegally fitted a boiler at a residential property in High Wycombe, putting homeowners’ lives at risk. The first tradesman (T1) had been contracted by a homeowner to carry out extension works, part of which including moving and reinstalling a boiler in October 2012.

He recommended the second tradesman (T2) to perform the gas works, but did not ensure that he was gas safe registered before employing his services. T2 moved and reinstalled the boiler in early October 2012 – despite failing to be on the Gas Safe Register – and the extension work was completed in July 2013.

When the work was inspected by the local authority, the homeowner was informed that he needed a certificate for the boiler’s reinstallation. It was at this stage that T2 said that his Gas Safe registration had expired. A Gas Safe engineer was then sent to inspect the refitted boiler, which he found to be ‘immediately dangerous’.

The case was heard at High Wycombe Magistrates’ Court on 11 March 2015. The court heard that T2 had undertaken the work whilst he was not on the Gas Safe Register. T1 had failed to ensure that the work was being undertaken by a Gas Safe registered engineer.

Both men were prosecuted after pleading guilty to breaching the Gas Safe (Installation and Use) Regulations 1998. T1 was fined £2,000 and ordered to pay £550 in costs. T2 was fined £1,300, £550 in costs, and a victim surcharge of £120.

What the HSE inspector had to say: 

Speaking after the hearing the HSE Inspector Stephen Faulkner stated that:

“Businesses should make reasonable efforts to obtain evidence that people they intend to use to carry out gas work, either under contract or on their own behalf, is a member, or is employed by a member, of Gas Safe Register. Mr Shaw neglected to do this.

Mr Bridgen was perfectly aware that he was not Gas Safe registered, even though he had been so before. It is extremely important that gas work is only undertaken by a person who has up to date competencies and holds current registration.

If gas appliances, such as boilers, are not properly installed there is a risk of fire, explosion, gas leaks and carbon monoxide poisoning.”

What the law states:

Regulation 4 of the Gas Safety (Installation and Use) Regulations 1998 states:

Where an employer or a self-employed person requires any work in relation to a gas fitting to be carried out at any place of work under his control or where an employer or self-employed person has control to any extent of work in relation to a gas fitting, he shall take reasonable steps to ensure that the person undertaking that work is, or is employed by, a member of a class of persons approved by the Health and Safety Executive under regulation 3(3) above

Regulation 3(1) of the Gas Safety (Installation and Use) Regulations 1998 states:

No person shall carry out any work in relation to a gas fitting or gas storage vessel unless he is competent to do so.

What Gas Safe said:

The Gas Safe Register’s chief executive 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 websitewww.GasSafeRegsiter.co.uk    or call the free helpline on 0800 408 5500.”

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