A plumbing and heating company, and two self-employed people who worked for them, have been sentenced following an investigation into a significant number of faulty gas installations at new developments in Poole and Reading.
The investigation by the Health and Safety Executive (HSE) led to the prosecution of DSI Plumbing and Heating, Robert Percival and Andrew Church, at Bournemouth Crown Court today (22 September 2014).
The court heard that Harbour Reach in Poole contained 261 flats and 79 town houses, while Caversham Road in Reading contained 60 flats. These were heated by gas boilers installed on internal walls, with flue gases, including poisonous carbon monoxide, vented to the open air by flues installed in building voids. In such situations inspection hatches must be provided to allow the flues to be periodically checked for safety.
At Harbour Reach, HSE’s investigations found faults including gas leaks, and flues and gas supply pipes that had not been properly fitted – establishing that the initial installation work was substandard, and that the final checking and commissioning of the work was inadequate and ineffective.
There were no inspection hatches originally installed in any of the ceilings of the flats, meaning that the flues could not be subsequently checked for safety. As a result, the gas supply to all 340 gas meters on the Harbour Reach site had to be disconnected until remedial action was taken.
The investigation also revealed evidence of defects in the installations in 309 (or over 90%) of the dwellings at Harbour Reach. At Caversham Road in Reading, HSE’s investigation uncovered defects in the gas installation affecting 40 properties. As at Harbour Reach, inspection hatches were not initially installed to allow the flue system to be inspected, and defects were found with both gas supply and flue installations.
Mr Church completed the commissioning documents for the work without carrying out the required checks.
DSI Plumbing and Heating Ltd, of The Square, Fawley, near Southampton pleaded guilty to two breaches of the Health and Safety at Work Act 1974 and was fined a total of £10,000 and ordered to pay a further £1,000 in costs.
Robert Percival, of Legion Road, Poole, and Andrew Church, of Ensign Drive, Gosport, both pleaded guilty to a single breach of the same legislation, Mr Percival for his commissioning of gas installations at one property, and Mr Church for making false entries into documents. They were both given a two year conditional discharge and were each ordered to pay costs of £250.
After sentencing, HSE Head of Operations, Harvey Wild, said:
“These serious failings involving gas safety only came to light after residents started to complain about ill-health. It is fortunate that in this case, no-one suffered long term ill-effects but the consequences of the faults, if left undetected, could have been fatal.
“Gas installers need to make sure flues and pipes can be properly checked and all installations are checked for safety as part of commissioning to ensure lives are not put at risk.”
Further information about gas safety can be found on the HSE website at http://www.hse.gov.uk/gas/
Notes to Editors
- The Health and Safety Executive is Britain’s national regulator for workplace health and safety. It aims to reduce work-related death, injury and ill health. It does so through research, information and advice; promoting training; new or revised regulations and codes of practice; and working with local authority partners by inspection, investigation and enforcement. www.hse.gov.uk
- Section 3(1) of the Health and Safety at Work Act 1974 states: “It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety.”
- Section 33(1)(1) of the Health and Safety at Work Act 1974 states: “It is an offence for a person to intentionally make a false entry in any register, book, notice or other document required under any of the relevant statutory provisions or required for any purpose thereunder or to make or have in his possession a document so closely resembling any such document as to be calculated to deceive.”
- Section 3(2) of the Health and Safety at Work Act 1974 states: It shall be the duty of every self-employed person to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that he and other persons who may be affected thereby are not thereby exposed to risks to their health or safety.”