HSE prosecutes after elderly tenant is put at risk of CO poisoning by faulty gas work (24 August 2015)

A Gloucester firm has been successfully prosecuted by the Health and Safety Executive (HSE), after work carried out on a gas heater left an elderly tenant at risk of carbon monoxide poisoning.

In 2012, Mears Ltd carried out work on 67 properties at Holmleigh near Cheltenham, which being refurbished for a social housing landlord.

Afterward the works, two Gas Safe engineers called at the tenant’s house in Coral Close in August 2013 to carry out a routine annual service of the gas appliances.

The court was told that the engineers found the gas-powered warm air unit at the property had been left in a dangerous condition as a result of the refurbishment work carried out.

An investigation by the Health and Safety Executive (HSE) found that essential combustion ventilation required for the gas power unit had been cladded over – and the flue had been removed, with the roof fitted over the top, leaving it to discharge into the loft.

Blood tests had not been taken from the elderly tenant, but it could not be ruled out that she was not exposed to significant carbon monoxide levels as she had suffered from numerous health problems in 2013.

At Cheltenham Magistrates’ Court on 17 August, Mears Ltd – of Montpellier Court, Gloucester Business Park, Brockworth in Gloucester – was fined £15,000 and ordered to pay costs of £3,587, after pleading guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974.

Section 3(1) of the Health and Safety at Work etc. Act 1974 states:

It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety.

After the hearing, HSE Inspector Caroline Bird, said:

“The risks from carbon monoxide poisoning are well known. It is clearly unacceptable to carry out any refurbishment work on a property that directly affects the safety of a gas appliance, without first taking the necessary steps to ensure the appliance can be continued to be used safely.

“In this case, they did not just make one error in removing the entirety of the combustion ventilation – they then went on to remove the flue terminal when replacing the roof, leaving the live flue terminal discharging dangerous products of combustion into the loft.

“As principal contractors for this refurbishment project, Mears Ltd should have ensured the implications of any work were properly considered and managed.

“Mears Ltd’s failings put the lives of the tenant and roofers working on the site at risk.”

Duncan Lewis Personal Injury Solicitors – No win no fee Carbon Monoxide Claims

Duncan Lewis personal injury solicitors can advise those who have suffered injury as a result of carbon monoxide (CO) poisoning on how to make a no win no fee claim for compensation, including CO claims relating to:

• Care home negligence
• Faulty cooking appliances
• Faulty gas work
• Faulty heating appliances
• Faulty vehicles
• Holiday accommodation.

Carbon monoxide claims have to be made within three years of injury – children can make personal injury claims up to the age of 21.

In cases where a loved one has lost their life through CO poisoning as a result of negligence, Duncan Lewis offers bereaved families sympathetic advice on how to make a no win no fee Fatal Injuries Claim.

For expert legal advice on no win no fee Carbon Monoxide Claims, call Duncan Lewis personal injury solicitors on 020 7923 4020.