Repeals, revocations and amendments

Repeals, revocations and amendments

The Health and Safety (Miscellaneous Repeals, Revocations and Amendments) Regulations 2013 were laid before Parliament on 4 March and came into force on 6 April (subject to Parliamentary approval). These Regulations repeal one Act and revoke twelve instruments (plus a related   provision in the Factories Act 1961). These measures are being removed because they have either been overtaken by more up to date Regulations, are redundant or do not deliver the intended   benefits.

These changes do not compromise essential health and safety protections. The aim is to make the legislative framework simpler and clearer.   

This work is part of wider reforms to help employers understand quickly and easily what they need to do to manage workplace risks.

HSE is taking action to raise awareness of the changes. This includes working with the construction industry (particularly small contractors) to ensure that it understands the continuing need for employers to provide hard hats and ensure they are worn on construction   sites. Hard hats remain vital in protecting construction workers from head injuries. Employers will need to comply with the requirements of the Personal Protective Equipment Regulations 1992 which have been amended so that they cover the provision and use of head protection on construction sites thus maintaining the level of legal protection when the Construction (Head Protection) Regulations are revoked.

The full list of measures being removed are:    

Norfolk heating engineer fined

A Norfolk heating engineer has been fined for illegally carrying out sub-standard gas work at a newly built home in Dereham.

Norwich Magistrates' Court heard today (28 March 2013) that between August 2011 and May 2012, David Scent, from Hingham, installed a gas boiler at a property on Sheldrick Place.

The home owner contacted Gas Safe Register to raise his concerns about the gas installation.

A  Gas Safe investigator visited the address on 28th May 2012 and found the boiler pipework and flue had a number of 'at risk' faults.

The Health and Safety Executive (HSE) was notified and established that Mr Scent had illegally installed the boiler without being registered with Gas Safe - a legal requirement for anyone undertaking work of this nature.

HSE also found that he had signed the commissioning certificate for the boiler using Gas Safe registration details of a previous employer who had no knowledge of the work.

Mr Scent, of Rectory Gardens, Hingham, Norfolk, was fined a total of £1,400 and ordered to pay £2,190 in costs after pleading guilty to two separate breaches of the Gas Safety (Installation and Use) Regulations 1998.

After the hearing, HSE inspector Steven Gill said:

"Mr Scent installed a gas boiler and gas pipework knowing he was not legally allowed to do so.

"People die from CO poisoning caused by gas appliances and flues that have not been properly installed, maintained or that are poorly ventilated. Badly fitted and poorly serviced gas appliances can cause fires, explosions, gas leaks and carbon monoxide poisoning.

"Homeowners, landlords and tenants should always request ID and check their engineer is properly accredited."

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 begin_of_the_skype_highlighting 0800 408 5500 FREE end_of_the_skype_highlighting or visit our website at www.gassaferegister.co.uk link to external website[1]."

Three fined after illegal gas works

 

Two unregistered gas fitters and a registered gas engineer have been jointly prosecuted for safety failings relating to illegal and dangerous gas work at two properties in Essex.

Christopher Campbell, 43, of Colchester, installed a new boiler and associated pipework at a house on Lexden Road, Colchester, in March 2012. A month later, he installed a new boiler at a property on Sovereign Crescent and enlisted the help of Scott Enfield, 25, of Manningtree to complete the work.

Mr Campbell then asked local Gas Safe registered engineer Daniel Osborne, 31, to review the gas work carried out at both properties in order to obtain signed gas safety records.

Colchester Magistrates' Court heard today (27 March 2013) that work at both properties was later classified by gas safety experts as either 'immediately dangerous' or 'at risk'.

An investigation by the Health and Safety Executive (HSE) identified that neither Mr Campbell nor Mr Enfield were registered as qualified and competent to carry out gas work with Gas Safe Register.

In addition, Magistrates were told that despite being a registered engineer, Mr Osborne had provided Gas Safety records for the new boilers at both properties without carrying out the necessary safety checks.

Christopher Campbell, trading as Campbell Plumbing and Heating Services, of Coppingford End, Copford, Colchester, pleaded guilty of two breaches of Regulation 3(3) of the Gas Safety (Installation and Use) Regulations 1998. He was fined a total of £1,000 and ordered to pay £2,250 in costs.

Scott Enfield of Wignall Street, Lawford, Manningtree, pleaded guilty to a single breach of Regulation 3(3). He was fined £500 and ordered to pay £2,113 in costs.

Daniel Osborne, trading as Osborne PH Services, of Halstead Road, Stanway, Colchester, pleaded guilty of breaching Section 3(2) of the Heath and Safety at Work etc Act 1974. He was fined £1,500 and ordered to pay £2,187 in costs.

After the hearing, HSE inspector Nicola Jaynes said:

"Christopher Campbell and Scott Enfield carried out gas boiler and gas pipe work that was clearly substandard and knowing they were not legally allowed to do so.

"Daniel Osborne failed to identify that gas work had been carried out by unregistered fitters and failed to identify and record the unsafe features at the properties. He then went on to provide incorrect gas safety records.

"Every year many people die from carbon monoxide poisoning caused by gas appliances and flues that have not been properly installed, maintained or that are poorly ventilated. Badly fitted and poorly serviced gas appliances can also cause fires, explosions or gas leaks.

"Unregistered gas fitters do not have the training, knowledge or experience to work on gas fittings safely. They endanger the lives of the public for financial gain, fraudulently avoiding the time and expense of becoming competent and registered."

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 do have any concerns about the safety of work carried out in their home, to speak to us. Every year we investigate hundreds of reports of illegal gas work. Call us on 0800 408 5500 begin_of_the_skype_highlighting 0800 408 5500 FREE end_of_the_skype_highlighting or visit our website at www.gassaferegister.co.uk link to external website[1]."

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

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