Housing association ordered to pay out £65k over coal fire death

A North East housing association has been ordered to pay a £40,000 fine and £25,000 in costs after a pensioner died in his home from carbon monoxide poisoning.

Gentoo Group Ltd, of Emperor Way, Sunderland - formerly known as Sunderland Housing Company Ltd – pleaded guilty to breaching the Health and Safety at Work Regulations over the death of 80-year-old George John Rutherford in his Penshaw home in 2007.

The housing association was charged with failing to properly maintain the coal fire at Mr Rutherford’s home.

The Health & Safety Executive brought the prosecution against Gentoo. Principal Inspector Bruno Porter said: "The judge accepted that although it cannot be said that Mr Rutherford's death occurred as a result of the company's breach there was at the very least a 'not insignificant risk of death'.

"The judge added that this was not an isolated breach, on the contrary it appears that this was a 'continuing systemic failure'. However, he bore in mind that the company has a good health and safety record and as an organisation take health and safety and the safety of both employees and all tenants very seriously.”

Porter said the risk of dying from carbon monoxide exposure caused by a faulty solid fuel appliance was estimated to be up to ten times higher than that from a gas appliance but the risks were generally not as well known.

"As with gas appliances, burning solid fuel such as wood, coal or smokeless fuels, poses no danger as long as certain simple precautions are taken,” he suggested. “The appliance needs to be installed and maintained correctly, and used in accordance with the manufacturer's instructions.

"Landlords and providers of social housing must make sure that solid fuel appliances are regularly maintained - chimneys must be swept regularly and they must make sure the tenant is capable of, and is actually carrying out, any safety-critical cleaning.”

The HETAS guidance on this risk can be downloaded here.