Plumber jailed after 'Rogue Traders' exposes illegal gas work

Date:

6 January 2011

Release No:

HSE-e-58

A plumber who was caught carrying out illegal gas work by BBC's Rogue Traders has been jailed after ignoring a previous order to stop.

Andrew John Carslake, 42, who traded as Aqua Plumbing, admitted breaching health and safety laws at Chelmsford Crown Court today.

In 2008, The Health and Safety Executive (HSE) received a complaint from a householder concerning gas work undertaken by Mr Carslake of Upper Bridge Road, Chelmsford. He was served with a prohibition notice ordering him not to carry out further gas work until he registered with CORGI - now Gas Safe Register - or was supervised by another registered gas engineer.

However Mr Carslake ignored the notice and continued to carry out further illegal gas work - and was caught on camera in July 2009 breaking the law by the BBC consumer affairs programme.

Mr Carslake admitted breaching Section 33 (1) (g) of the Health and Safety at Work Act 1974 and was sentenced to a six month term of imprisonment. He also admitted breaching regulation 3(3) of the Gas Safety (Installation and Use) Regulations 1998 for which he was sentenced to an additional six month term of imprisonment to be served concurrently.

HSE Inspector Toni Drury said:

"It is illegal for an unregistered person to carry out work on any gas appliances. When unregistered workers try to bypass the law in this way they are not only putting themselves at risk of prosecution and a large fine, they are also putting their customers' lives at risk.

"HSE served Mr Carslake with a prohibition notice to protect the public's safety but he chose to ignore it. Failure to comply with a prohibition notice is a serious offence which HSE will pursue through the courts.

"Working with gas appliances is difficult, specialised and potentially very dangerous. Only qualified and registered engineers should attempt it. HSE will not hesitate to prosecute those who break the law in this way."

"There's no doubt that Watchdog's Rogue Traders has struck a blow for gas safety with their undercover report. They played a big part in helping us get this case to court and securing justice. We applaud their efforts to expose illegal gas work and help the public understand the importance of getting qualified, registered professionals in to do gas work."

Gas Safe Register is the official list of gas engineers who are registered to work safely and legally on gas appliances. By law, all gas engineers must be on the Gas Safe Register. To find an engineer go to www.GasSafeRegister.co.uk or call 0800 408 5500. Always check the engineer's Gas Safe Register ID card.

Notes to editors

1. 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
2. A prohibition notice is served under section 22 HSWA when an inspector is of the opinion that the activities carried on, or likely to be carried on by the person in question, or are likely to involve a serious risk of personal injury. Failure to comply with this Prohibition Notice is an offence as provided by section 33(1)(g) of the Health and Safety at Work etc Act 1974 and section 33(2) and Schedule 3A of this Act renders the offender liable on summary conviction to imprisonment for a term not exceeding 6 months in England and Wales and 12 months in Scotland, or to a fine not exceeding £20,000, or both, or, on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.
3. Regulation 3(3) of the Gas Safety (Installation & Use) Regulations 1998 states: "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."
4. Badly fitted and poorly serviced gas appliances can cause fires, explosions, gas leaks and carbon monoxide poisoning - always use a Gas Safe registered engineer to fit, fix and service gas appliances.
5. Gas Safe Register is the government approved registration scheme for gas engineers in the UK, Isle of Man and Guernsey. The register of 126,000 gas engineers, aims to protect 21 million gas consumers from dangerous gas work. It is a legal requirement for any gas engineering business or self employed gas engineer carrying out domestic or commercial gas work to be registered under the Gas Safety (Installation & Use) Regulations 1998.
6. Gas Safe Register replaced the CORGI gas registration scheme in Great Britain and Isle of Man on 1 April 2009 and in Northern Ireland and Guernsey on 1 April 2010.
7. To find or check a Gas Safe Registered engineer in your area, go to www.GasSafeRegister.co.uk or call 0800 408 5500.
8. Go to www.hse.gov.uk/gas for more information about gas safety.

Press enquiries

Regional reporters should call the appropriate Regional News Network press office.

Issued on behalf of the Health and Safety Executive by COI News & PR East