Personal Injury Solicitors

The Health and Safety Executive (HSE) has prosecuted the owner of a building company, after she instructed her son – also her employee – to move the flue of a boiler at a home they were refurbishing, without having Gas Safety certification.

Josephine Zielinski – trading as JBZ Builders in Leatherhead, Surrey – decided the flue needed to be moved as part of works to construct an extension at a property in Holly Hill, Tunbridge Wells in Kent.

The work in June 2013 took place without either JBZ Builders or the builder who carried out the task being Gas Safe registered, potentially putting at risk the young family who lived at the property.

When the family later called in a plumber to flush the heating system, he noticed the flue installation was substandard and reported the matter to the Gas Safe Register.
During a visit on 11 November 2013, a registered gas engineer investigated and classed several parts of the installation as either “at risk” – or not compliant with current standards.

The HSE was also notified and following an investigation, they prosecuted Josephine Zielinski for carrying out faulty gas work at the property in breach of Gas Safety Regulations.
The Regulations state:

“No person shall carry out any work in relation to a gas fitting or gas storage vessel unless he is competent to do so.”

On Tuesday (09/09/14), at Sevenoaks Magistrates’ Court, Josephine Zielinski of Proctor Gardens in Bookham, Leatherhead, admitted the breach and was fined £1,000 and ordered to pay £845 in costs.

After the hearing, HSE Inspector Rob Hassell said:
“This incident was entirely preventable and put a young family – including a newborn child – in unnecessary danger from exposure to carbon monoxide and other harmful by-products.

“Usually JBZ Builders use Gas Safe registered engineers for such work, but on this occasion – and for the purpose of speed – Mrs Zielinski wrongly used an employee without the recognised competency.

“Work to a gas flue does constitute gas work – a fact that can be misunderstood in the construction industry. Such work should only be carried out by suitably qualified Gas Safe registered engineers.

“Every year people die from carbon monoxide poisoning caused by gas appliances and flues that are not properly installed, maintained or that are poorly ventilated.”

Chief executive of Gas Safe Register, Russell Kramer, 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.”

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