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Plumber prosecuted over illegal gas work at two fast-food restaurants

Date:
16 April 2014

An Essex plumber has been given a suspended prison sentence and ordered to do 240 hours of community work after carrying out illegal and unsafe gas work at two fried chicken shops in Southend-on-Sea.

Richard Smith, 56, from Dagenham, exposed staff, customers, owners and their families to the risk of explosion and injury after leaving gas appliances in a condition classified as ‘At Risk’.

The Health and Safety Executive (HSE) today (16 April) prosecuted Mr Smith for serious breaches of gas safety regulations after his sub-standard work was uncovered at Tasty Chicken, Westcliff-on-Sea, and The Chick Inn, Southend-on-Sea in June 2013.

Southend-on-Sea Magistrates’ Court heard that Mr Smith visited both premises on 5 May 2012 to carry out annual gas safety checks on commercial gas cookers and a gas boiler, despite not being Gas Safe registered or competent to carry out the work.

HSE found that Mr Smith, who had never been trained to work on commercial catering equipment, had been using an expired Gas Safe Register card he had received while working for a former employer. HSE had warned him against making false claims with clients in 2011 but he ignored this warning.

Richard Smith, of Wren Road, Dagenham, Essex, was given a four month prison sentence, suspended for 12 months, and ordered to carry out 240 hours of community work. He was also ordered to pay costs of £892 after pleading guilty to six breaches of the Gas Safety (Installation and Use) Regulations 1998.

After the case, HSE Inspector Sue Matthews said:

“Anyone working on gas appliances needs to be a member of the Gas Safe Register to prove they are competent to work on the gas appliances concerned.

“Mr Smith defied these requirements as he was not registered and had never been trained to work on commercial catering equipment. He also falsely claimed to be Gas Safe registered in spite of a previous warning by HSE in 2011 that this was against the law.

“By failing to heed this warning, Mr Smith potentially endangered the lives of the public and the employees at Tasty Chicken and The Chick Inn. The Tasty Chicken owner’s family, who lived on the premises, were also put at risk.

“It is vital that gas-fired catering equipment is properly checked as gas leaks can easily go undetected in commercial kitchens due to food odours and the use of extractor fans while cooking is taking place.

“Poorly serviced gas appliances can cause fires, explosions, gas leaks and carbon monoxide poisoning.”

Russell Kramer chief executive of Gas Safe Register, added:

“Every Gas Safe registered engineer carries a Gas Safe ID card, which shows who they are and the type of gas appliances they are qualified to work on.

“We always encourage the public to ask for and check the card and if they have any concerns about the safety of work carried out in their home, to speak to us. Every year we investigate thousands of reports of illegal gas work. Call us on 0800 408 5500 or visit our website at www.gassaferegister.co.uk

Further information about gas safety can be found online at http://www.hse.gov.uk/gas

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. Regulation 3(1) of the Gas Safety (Installation and Use) Regulations 1998, states: “No person shall carry out any work in relation to a gas fitting unless he is competent to do so.”
  3. 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.”
  4. 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 under paragraph 3(3) of these Regulations.”
  5. HSE news releases are available at www.hse.gov.uk/press

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