Illegal Gas Work Leads To Leak And Prosecution

Brief Summary

A landlord subcontracted a boiler replacement to an unqualified family member who was not Gas Safe registered. The work caused a gas leak that put tenants including a young baby at risk. The case resulted in prosecution for breaches of gas safety regulations and of the Health and Safety at Work etc. Act 1974 and underlines the need to verify competence for gas work.

What Was The Incident?

A report that a boiler was hissing led a gas engineer to take the boiler out of use. The landlord arranged for a replacement which he subcontracted to a then unregistered relative. Two weeks after the installation a routine gas safety check found the smell of gas. The supply was isolated and a gas tightness test identified a leak that required the supply to be capped off. The failures were using an unqualified person to carry out gas installation and inadequate verification and oversight of competence, creating a risk of serious harm to occupants including a baby.

What Was The Outcome?

The person who carried out the work pleaded guilty to contravening Regulation 3(1) of the Gas Safety Installation and Use Regulations 1998 and received a 12 month community order with 140 hours of unpaid work and was ordered to pay 500 in costs. The landlord pleaded guilty to breaching Section 3(2) of the Health and Safety at Work etc. Act 1974, was fined 3,000 and was ordered to pay 2,500 in costs. The case was prosecuted by the regulator.

Key Points To Consider

Verify gas worker registration. Require proof of Gas Safe registration and appropriate qualifications before any gas work starts. Record the engineer name, the registration number and a copy of identity and check the registration online.

Control subcontracting and procurement. Set clear procurement rules that forbid informal subcontracting to unqualified people. Include competence checks in contracts and ensure managers cannot delegate safety critical tasks to untrained relatives or contractors without evidence of competence.

Confirm work with post installation checks. Arrange an independent gas safety check after installation and require a gas tightness test where appropriate. If a gas smell is reported isolate the supply, carry out tests, record actions and rectify faults before reenergising.

HSE Prosecution Link