- Mar 14, 2005
- 18,674
- 3,931
- 50,935
On behalf of a client, I have been in discussion with the Health & Safety Executive's Domestic Gas Safety Team Work Environment, Radiation & Gas Division, concerning the application of the Gas Safety (Installation and Use) Regulations 1998 as amended, to private touring caravans, and self-propelled motor caravans used on a temporary basis, (ie. Not residential dwellings).
I am not at liberty to disclose the complete verbatim correspondence, but as a result I conclude I have to make a subtle change to my general advice about who can do gas work on private caravans as outlined above.
The HSE, refer to the GSIUR and point out that gas work specifically on caravans and self-propelled motor caravans for private non-residential use is not required to conform to the GSIUR.
If a person operates a business or is employed to work on ANY gas installation they are obliged to follow safe working practices under Section 3 of the Health and Safety at Work Regulations 1974. Whilst the private caravan or self-propelled motor caravan is exempt from the GSIUR, the person employed to work on such an installation is required to work in a safe competent manner and with due regard of the approved codes of practice. Failure of an employed person to observe the ACoPS may be pursued by the HSE.
If an individual/ company were found guilty of a breach of Section 3 of the Health and Safety at Work etc Act they can be fined up to £20000 and/ or imprisoned of up to 12 months for offences heard in the Magistrates Court or an unlimited fine and/ or imprisonment of up to 2 years for offences heard in the Crown Court.
A private individual working on their own caravan or self-propelled motor caravan is exempt from the GSIUR, and because it is not a place of work they are not bound by the HASAW regulations, However the HSE spokesperson did point out that unsafe practices in such installations maybe pursued through other legislation and by other authorities.
The HSE strongly recommend that only competent persons undertake all work on gas installations in privately owned caravans, and self-propelled motor caravans, just as in all other types of installation.
Whilst not strictly a requirement of the law, but in pursuance of improving standards, safety and personal protection, I will continue to recommend that ALL gas work in private caravans is only undertaken by a competent person.
I am not at liberty to disclose the complete verbatim correspondence, but as a result I conclude I have to make a subtle change to my general advice about who can do gas work on private caravans as outlined above.
The HSE, refer to the GSIUR and point out that gas work specifically on caravans and self-propelled motor caravans for private non-residential use is not required to conform to the GSIUR.
If a person operates a business or is employed to work on ANY gas installation they are obliged to follow safe working practices under Section 3 of the Health and Safety at Work Regulations 1974. Whilst the private caravan or self-propelled motor caravan is exempt from the GSIUR, the person employed to work on such an installation is required to work in a safe competent manner and with due regard of the approved codes of practice. Failure of an employed person to observe the ACoPS may be pursued by the HSE.
If an individual/ company were found guilty of a breach of Section 3 of the Health and Safety at Work etc Act they can be fined up to £20000 and/ or imprisoned of up to 12 months for offences heard in the Magistrates Court or an unlimited fine and/ or imprisonment of up to 2 years for offences heard in the Crown Court.
A private individual working on their own caravan or self-propelled motor caravan is exempt from the GSIUR, and because it is not a place of work they are not bound by the HASAW regulations, However the HSE spokesperson did point out that unsafe practices in such installations maybe pursued through other legislation and by other authorities.
The HSE strongly recommend that only competent persons undertake all work on gas installations in privately owned caravans, and self-propelled motor caravans, just as in all other types of installation.
Whilst not strictly a requirement of the law, but in pursuance of improving standards, safety and personal protection, I will continue to recommend that ALL gas work in private caravans is only undertaken by a competent person.