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Summer 2021 35 www.hae.org.uk www.eha.org.uk COMPANY DIRECTOR FINED AFTER RESIDENTS EXPOSED TO CARBON MONOXIDE A construction company director has been fined for leaving a gas boiler at a domestic property in a dangerous condition as he worked to build an extension. During the building work, the residents of the property in Newcastle were placed at a serious risk of ill health, including carbon monoxide poisoning. Newcastle-upon-Tyne Magistrates’ Court heard that commencing in April 2018, construction work was carried out at a domestic property on Lichfield Avenue, which affected the safe working condition of the gas boiler and flue at the property. The family of three, a mother and her two children, remained living in the house while the extension was built. An investigation by the Health and Safety Executive (HSE) found that David Coulson, director of Coulson Constructions North East Ltd, did not make the gas system in the house safe before or during the construction work, allowing the fumes and poisonous gases from the boiler to flow into the extended house. He was not Gas Safe registered. David Coulson of Gofton Walk, Newcastle upon Tyne pleaded guilty to breaching Section 37 and Section 20 (2)(j) of the Health and Safety at Work etc. Act 1974. He was sentenced to 12 months imprisonment suspended for 24 months, given 250 hours of unpaid work and ordered to pay costs of £5,200. BUILDER RECEIVES CUSTODIAL SENTENCE FOR FAILING TO REPORT INCIDENT WHERE WORKER SERIOUSLY INJURED A builder has been imprisoned for 24 weeks after he failed to report a serious incident at a construction site he was in charge of. Westminster Magistrates’ Court heard that, worker Simon Lewis had been clearing a site on Clarence Avenue, New Malden with an excavator so a new house could be built. The excavator tipped while digging and it trapped Mr Lewis’ leg, resulting in an amputation. An investigation by the Health and Safety Executive (HSE) found that Mr Lewis had no formal training for operating excavators and had requested a 3-ton model was provided for the work. However, only a smaller 1.7-ton excavator was provided, and Mr Lewis was put under pressure to use this. The incident was not reported to the HSE within ten days as required and the defendant, Paul Adams had not investigated the incident. HSE was only able to start an investigation more than eight months later when the victim complained. By this time crucial evidence relating to the cause of the incident was unobtainable and the work was almost completed. There was no health and safety related documentation and there was no employer’s insurance cover for Mr Lewis to claim against. Mr Adams had not obtained any health and safety related training during his 50 years in the construction industry. Paul Adams, trading as Surrey Conversions of Sutton Common Road, Sutton pleaded guilty to a breach of Regulation 3(1) of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013. He received a 24-week custodial sentence and was ordered to pay costs of £2,033. <<