Health and Safety
Executive / Commission
Press Releases
The first gas fitter to be jailed for working without being legally registered was given a four-month sentence at Derwent Magistrates' Court, Derby, on 7 May.
Mark Towle, of Crawford Avenue, Stapleford, Nottingham, was prosecuted by the Health and Safety Executive (HSE) under Section 33(1) of the Health and Safety at Work etc. Act 1974 in contravention of the requirements imposed by a Prohibition Notice. The Notice prohibited Mr Towle from undertaking work in relation to gas fittings until he was Corgi registered and competent. The notice was issued as the result of an HSE/CORGI investigation into a dangerous gas fitting in 1999.
He was charged under Gas Safety (Installation and Use) Regulations 1998, Regulation 3 (3) in that he carried out work in relation to a gas fitting whilst not a member of CORGI and under regulation 3 (7) in that he falsely pretended to be CORGI registered.
He was jailed for four months for breaking the prohibition order.
In sentencing, the Magistrate stated that, after considering all the facts, the matter was so serious that a custodial sentence was justified. Mr Towle had continued to undertake gas work despite the Prohibition Notice. They stated that Mr Towle should serve no less than half the four-month sentence and that there were no separate penalties for the other matters.
HSE Inspector Mark Dawson, who prosecuted the case, said: "This sentence reflects the most serious nature of the breaches and should act as a warning to those gas installers who are not members of CORGI but who continue to undertake gas work. Prohibition notices are issued when HSE inspectors consider there to be a risk of serious personal injury arising from any work activity. The breach of a prohibition notice is one of the most serious matters in health and safety law and the penalties that may be imposed reflect this.
"Every year about 30 people die and 200 suffer from carbon monoxide poisoning as a result of faulty gas fires, central heating boilers, cookers, and other appliances. There are tight laws to try to prevent these kinds of incidents, and HSE's job is to make sure these laws are enforced."
The prosecution is the latest of six in the last few months in Derby alone, where HSE has been cracking down on gas safety, particularly amongst the city's private landlords.
Early symptoms of carbon monoxide (CO) poisoning are easily mistaken for 'flu'.
Tell-tale signs include tiredness, drowsiness, headaches, pains in the chest and stomach, and lethargy. If you suspect that you or any of your family have been exposed to CO, then seek medical help immediately. Tell your GP you think these symptoms may be related to CO exposure; they will be able to tell by means of a blood test.
All gas appliances should be tested annually by a qualified, CORGI registered gas fitter.
1. By law, every gas fitter has to be CORGI-registered.
2. Over the last 10 years an average of 40 people have died each year in gas-related incidents in their own homes; many more have suffered ill-health as a result of CO poisoning. Poorly-installed or badly-maintained gas appliances and flues caused the majority of these incidents.
3. If you smell gas, or suspect there is a gas escape, you should immediately shut off the gas supply and phone the Transco Gas Emergency Freephone number: 0800 111999
4. Carbon monoxide can be given off by any appliance which burns fossil fuels such as gas, coal or oil. Excess gas, which is poisonous, is produced when the fuel does not burn properly. It can kill or maim without warning in just a matter of hours. Last year, there were 31 gas-related fatalities, of which 24 resulted from carbon monoxide poisoning.
5. HSE recently completed a fundamental review of the current gas safety regime; the 47 recommendations made in the report 'Gas Safety Review Proposals for Change', including action on publicity and awareness, have been accepted by the Health and Safety Commission and Ministers. A copy of the report is available from HSE's Gas Safety webpages (www.hse.gov.uk/gas/index.htm).
6. To check if gas installers are registered with CORGI phone: 01256 372300. Free advice can also be obtained by phoning the HSE Gas Safety Advice Line: 0800 300363.
Call HSE's InfoLine, tel: 0845 345 0055
or write to: HSE Information Services, Caerphilly Park, Caerphilly
CF83 3GG.
Published on the HSE web site on 13 May 2002