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HSE WM/511/08 12 May 2008

HSE warns: Use qualified tradespeople to check your flues after Birmingham man is fined £15,000

The Health and Safety Executive (HSE) is issuing a warning to the public to have any flued appliance carefully checked and serviced by qualified and competent persons. This follows a prosecution resulting from a report that the elderly occupant of a house in Canwell, Sutton Coldfield was suffering from symptoms similar to those of Carbon Monoxide poisoning. The investigation found incorrect installation work had been done.

The warning comes after Mr Angelo Buratti of Moseley, Birmingham, the director of JB Group of Companies Ltd pleaded guilty, by virtue of Sect 37(1), to a breach of section 3(1) the Health and Safety at Work etc Act 1974 and was fined £15,000 and ordered to pay costs of £3,750.82 by Burton Magistrates Court.

The court heard that Mr Buratti, had, following a chimney fire, organised repair work to a solid fuel burning appliance, through two painters and decorators known as ‘Select’. An incorrect flue liner had been used in the work and the installation was left with other faults.

Speaking after the case, HSE inspector Dr Janice Dale said:

"The dangers of incorrectly specified flue liners and incorrect installations are well known in trades associated with building and refurbishment. Such dangerous work as that seen here puts lives at risk from both carbon monoxide poisoning and fires in the home.

"This case should serve as a reminder to the general public that anyone they ask to undertake work on a gas-fired or solid fuel appliance should be a specialist in that particular field. This case should also be a warning to traders that they must only undertake work for which they are qualified and competent."

Notes to editors:

  1. 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”
  2. Section 37(1) of HSWA states "Where an offence under any of the relevant statutory provisions committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any capacity, he as well as the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly."
  3. For further information on preventing carbon monoxide poisoning see http://www.hse.gov.uk/gas/domestic/co.htm
  4. HETAS (Heating Equipment Testing and Approval Scheme) is an independent body recognised by government to approve solid fuel domestic heating appliances, fuels and services. Although there is no legal requirement for fitters to be registered with this organisation, the HETAS Guide contains listings of Registered Installers, Chimney Sweeps and Maintenance businesses who’s operatives have been trained and assessed in safety and good practice. www.hetas.co.uk
  5. Further information on solid fuel is provided by the solid fuel Association helpline on 0845 6014406 or at www.solidfuel.co.uk

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Call HSE's InfoLine, Tel: 08701 545500,
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Andrew Myatt: 0121 352 5507 and Joanne Kail: 0121 352 5513

HSE information and press releases can be accessed on the Internet: http://www.hse.gov.uk

Issued on behalf of the HSE by Government News Network.