A self-employed roofer has been sentenced after exposing a homeowner to carbon monoxide and putting co-workers at risk whilst working at height.
Steven Micklewright of Kangs Solicitors sets out the circumstances.
The Circumstances | Kangs Health and Safety Team
Merthyr Tydfil Magistrates’ Court heard how, in early 2016, the part-time roofer was undertaking the removal of a chimney at a residential property.
An investigation carried out by the Health and Safety Executive found the gas supply to the property was not isolated before or during the day’s work and rubble fell down the chimney damaging thereby blocking the flue.
The investigation also revealed that no scaffolding or other fall protection was in place to work safely at height.
The roofer was found guilty of breaching section 6(3) of the Work at Height Regulations 2005 and Regulation 8(2) of the Gas Safety (Installation & Use) Regulations 1998.
The Relevant Health and Safety Law | Kangs Regulatory Law Advisors
Regulation 6(3) of the Work at Height Regulations 2005 states;
‘where work is carried out at height, every employer shall take suitable and sufficient measures to prevent, so far as is reasonably practicable, any person falling a distance liable to cause injury’.
Regulation 8(2) of the Gas Safety (Installation & Use) Regulations 1998 states;
‘no person shall do anything which would affect a gas fitting or any flue or means of ventilation used in connection with the fitting in such a manner that the subsequent use of the fitting might constitute a danger to any person’.
The Hearing | Electrical Regulations | Kangs Regulatory Law Team
Having been found guilty of breaching both sets of Regulations, the roofer was sentenced to 16 weeks in prison, suspended for 12 months, and ordered to complete 180 hours of unpaid work. He was also ordered to pay £1,000 in costs.
HSE Inspector Simon Breen said:
‘persons carrying out building work, particularly on chimneys must make sure that they do not block or obstruct an air supply vent or flue and risk the lives of those in the property. They also need to take suitable precautions to prevent workers falling and suffering serious injuries’.
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