HSE Safety Warning On Gas Appliances As Traders Are Prosecuted And Sentenced To Imprisonment, UK

Main Category: Public Health
Article Date: 01 Jul 2008 - 4:00 PDT

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The Health and Safety Executive (HSE) has warned the public in the Shropshire area about potentially unsafe gas installations carried out through a company called 'Embers Fires', following the prosecution of two brothers, one of who operated and ran the business.

The warning comes after Lee David McHugh and Stephen Andrew McHugh, from the Wirral, Merseyside, who operated from a shop, 'Embers Fires', in Abbey Foregate, Shrewsbury, were, on Friday 27 June each sentenced by Shrewsbury Crown Court to 12 months imprisonment for each breach of Prohibition Notices, with the sentences to run concurrently, for their part in the poor installation of gas appliances throughout Shropshire, which, the Court heard, posed a serious risk to occupants and property. Both men had also falsely claimed to be CORGI registered gas installers.

HSE contacted over 200 households in order to determine which appliances supplied by Lee McHugh had been fitted by Stephen McHugh. In one instance, Lee McHugh had also taken part in the installation work.

Speaking after the case HSE investigating inspector Mr Lindsay Hope said:

"HSE is very pleased that the McHugh brothers have finally been brought to justice for their dangerous and illegal behaviour. The 10 specific instances brought to the attention of the Court, citing installations in Shrewsbury, Church Stretton, Little Stretton, Newport, Pontesbury and Monkmoor, were not isolated; the malpractice was ongoing over a very long period.

"HSE had served Prohibition Notices on both brothers but they continued to flout safety legislation. Stephen McHugh was carrying out gas work knowing that he was not registered with CORGI. He chose to ignore this and continued to carry out work, putting the public at risk from both carbon monoxide poisoning and gas explosion.

"We would urge anyone who thinks that they may have a gas appliance installed by Stephen McHugh and probably purchased through Lee McHugh's shop 'Embers Fires' in Abbey Foregate, Shrewsbury to urgently have the installation checked by a bona fide registered installer.

"This case serves as a reminder to the general public that anyone they ask to undertake gas work must currently be registered with CORGI. If the installer does not have a valid CORGI identity card, you should not let them into your property. Currently you can check an installer's registration on the CORGI website. This case should also be a warning to traders to only undertake work for which they are qualified and competent and also that they must currently be registered with CORGI."

Lee McHugh had pleaded guilty at an earlier hearing to 10 specimen charges of breaching regulations 3(7) and 4 of the Gas Safety (Installation and Use) Regulations 1998; falsely claiming to be a CORGI registered gas installer and contracting work to an unregistered installer, a breach of Sect 33(1) (g) of the Health and Safety at Work etc Act 1974 (HSWA) for failing to comply with a Prohibition Notice and a breach of Sect 3(2) of the HSWA by exposing his customers to risks to their health and safety.

Stephen Mc Hugh had also pleaded guilty to 10 specimen charges of breaching regulations 3(3) and 3(7) of the Gas Safety (Installation and Use) Regulations 1998; undertaking unregistered gas work and falsely claiming to be a CORGI registered gas installer, a breach of Sect 33(1)(g) of the HSW Act for failing to comply with a Prohibition Notice

HSE served Prohibition Notices on Stephen McHugh to stop fitting gas appliances until he was CORGI registered and on Lee McHugh to stop commissioning gas-fitting work to an unregistered installer. There were numerous breaches of the Prohibition Notices, relating to work carried out in Shrewsbury, Little Stretton, Church Stretton, Newport, Pontesbury and Monkmoor. Stephen McHugh obtained CORGI registration on 24 July 2007 but was issued with a further Prohibition Notice by HSE on 11 September 2007 and subsequently suspended by CORGI.

Notes

Section 3(2) of the HSW Act 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 (not being his employees) who may be affected thereby are not thereby exposed to risks to their health and safety."

Section 33(1)(g) of the HSW Act states: "It is an offence for a person to contravene any requirement or prohibition imposed by an improvement or a prohibition notice (including any such notice as modified on appeal)"

Regulation 3(3) of the Gas Safety (Installation and 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 for the purposes of this paragraph".

Regulation 3(7) of the Gas Safety (Installation and Use) Regulations 1998 states: "No person shall falsely pretend to be a member of a class of persons required to be approved…."

Regulation 4 of the Gas Safety (Installation and Use) Regulations 1998 states: "Where an employer or a self-employed person requires any work in relation to a gas fitting to be carried out at any place of work under his control or where an employer or self-employed person has control to any extent of work in relation to a gas fitting, he shall take reasonable steps to ensure that the person undertaking that work is, or is employed by, a member of a class of persons approved by the Health and Safety Executive under regulation 3(3)"

The maximum penalty in the lower court for a breach of S3(2) of the HSW Act is £20,000 and for failing to comply with a prohibition notice is £20,000 and/or 6 months' imprisonment. The maximum penalty in the lower court for a single breach of a regulation of the Gas Safety (Installation and Use) Regulations 1998 is £5,000.

HSE is responsible for regulating domestic gas safety in Great Britain and does this largely through the Health and Safety at Work etc. Act 1974 and the Gas Safety (Installation and Use) Regulations 1998. For further information on gas safety information contact: HSE Gas Safety Advice Line 0800 300 363 or visit: http://www.hse.gov.uk/gas/domestic.

At present, CORGI (Council of Registered Gas Installers) is approved by HSE to operate the gas installer registration scheme and maintain an up-to-date register of gas installers who are qualified to install or repair gas fittings and appliances. Information on matters relating to CORGI can be obtained from CORGI (Council for Registered Gas Installer) 0870 401 2300 or visit: http://www.corgi-gas-safety.com

http://www.hse.gov.uk