A gas fitter from St Helens, who had previously been featured on the TV programme ‘Watchdog’ for his activities, was last week sentenced at Manchester Crown Court to sixteen months imprisonment.
Helen Holder of Kangs Solicitors reports upon the prosecution.
The Circumstances | Kangs Health and Safety Team
- In November 2014, the Health and Safety Executive served a Prohibition Notice prohibiting the defendant from carrying out gas work until he became Gas Safe Registered.
- Between March 2018 and March 2019, the defendant ignored the Notice and continued to carry out works at seven addresses across England and, on one occasion, even used a false name.
- The defendant’s work contained defects which posed safety risks to the homeowners.
The Relevant Law | Kangs Safety At Work Solicitors
Section 3(2) of the Health and Safety at Work Act 1974 provides:
“It shall be the duty of every self-employed person who conducts an undertaking of a prescribed description to conduct the undertaking in such a way as to ensure, so far as is reasonably practicable, that he and other persons (not being his employees) who may be affected thereby are not thereby exposed to risks to their health or safety.”
Regulations 3(3) and 3(7) of the Gas Safety (Installation and Use) Regulations 1998 provide:
“(3) Without prejudice to the generality of paragraphs (1) and (2) above and subject to paragraph (4) below, 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.
(7) No person shall falsely pretend to be a member of a class of persons required to be approved under paragraph (3) above.”
Section 33(1)(g) of the Health and Safety at Work Act 1974 provides:
“It is an offence for a person to contravene any requirement or prohibition imposed by an improvement notice or a prohibition notice (including any such notice as modified on appeal);”
Official Comment | Kangs Safety At Work Team
HSE inspector Anthony Banks commented that the defendant:
“knowingly defrauded homeowners and purposely misled them into thinking he was registered with Gas Safe Register. [He] had even been warned on national television that he was breaking the law. The work he did was unsafe and he put several families at risk. It is only a matter of chance that no one was seriously harmed.”
How Can We Help? | Kangs Safety At Work Solicitors
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