Health and Safety Failings – Gardener guilty of gas safety failings

Gardener guilty of gas safety failings

Key Facts

• A self-employed gardener has been prosecuted following gas safety failings
• He carried out gas works whilst not on the gas safe register
• He was fined £800 plays costs of £200

The Case

An investigation was launched into the practices of a self-employed gardener after he carried out illegal gas work.

The gardener was carrying out groundworks at a Cornwall residential property. Whilst using a mini digger, he severed a live gas pipe, which he then capped with a plastic water bottle. He was not on the Gas Safe register at the time, and left the site without alerting the emergency services nor the gas supply network.

The case was heard at Truro Magistrates’ Court where he pleaded guilty to breaching Regulation 3(3) of the Gas Safety (Installation and Use) Regulations 1998. He was fined £800 plus costs of £200.

What the HSE inspector had to say

Speaking after the case, Inspector Simon Jones said:

It is extremely fortunate this case didn’t result in a major gas leak with the potential for a gas explosion and subsequent fire in this residential area.  If a worker damages a gas pipe they should immediately telephone the gas emergency number on 0800 111 999 or telephone the emergency services so that the situation can be made safe by those who can do the job properly.

Workers should not attempt to repair a damaged gas pipe themselves and in this case using a plastic water bottle tied to the live open gas pipe and then leaving site is obviously totally inappropriate and shows a complete disregard for public safety.

What the law states

Regulation 3 (3) Gas Safety (Installation & Use) Regulations 1998 states

No self-employed person shall carry out any work in relation to a gas fitting or service pipework, unless the self-employed person is a member of a class of persons approved for the time being by the Health and Safety Executive.

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