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Rogue Trader jailed for substandard practice following BBC investigation

A man caught illegally installing gas heating equipment by BBC’s Rogue Traders has been sentenced to six months in jail.

Andrew John Carslake, 42, who traded as Aqua Plumbing, had ignored a prohibition notice following a complaint to HSE about his work in 2008.

He was then caught on camera in July 2009 by the BBC consumer affairs programme.

Mr Carslake admitted breaching Section 33 (1) (g) of the Health and Safety at Work Act 1974 and was sentenced to a six-month term in prison.

He also admitted breaching regulation 3(3) of the Gas Safety (Installation and Use) Regulations 1998, for which he was sentenced to an additional six-month term to be served concurrently.

HSE inspector Toni Drury said: “HSE served Mr Carslake with a prohibition notice to protect the public’s safety but he chose to ignore it.
“Failure to comply with a prohibition notice is a serious offence which HSE will pursue through the courts.

“There’s no doubt that Rogue Traders has struck a blow for gas safety with its undercover report. They played a big part in helping us get this case to court and securing justice.”

Court action has also been taken against 2010 Rotherham, after it allowed a plumber to be exposed to up to 50 times the legal limit for asbestos.

The firm was also prosecuted by HSE for a breach of the Health and Safety at Work etc Act 1974.

Rotherham Magistrates heard that the company employed a subcontactor, Nugas of Barnsley, to remove an old bathroom and install a shower room.

The results of an earlier asbestos survey carried out for 2010 Rotherham on a neighbouring property, highlighting the presence of asbestos, were not passed on to Nugas.

The worker removed tiles bonded to a wall of asbestos insulating board (AIB), causing significant damage to the wall. He was not wearing any protective clothing or respiratory protection.

The court was told that the company had received previous enforcement action regarding the risks from asbestos.

The company pleaded guilty and was fined £7,000 with £3,418 costs.