Ben Thomas instructed in case involving Carbon Monoxide poisoning arising out of Health & Safety breaches.

The matter arose out of construction works that took place in Newcastle upon Tyne in 2018. The defendant, Coulson Construction North East Ltd, was summonsed for an offence under Regulation 13(1) of the Construction (Design and Management) Regulations 2015. The defendant, David Coulson, was summonsed for an offence under s.37 of the Health and Safety at Work etc. Act 1974 (as a Director of Coulson Construction North East Ltd), in addition to an offence of failing to comply with a requirement imposed under s.20(2)(j) of HSWA.

The construction company had been engaged by a householder to build an extension. The work was undertaken incompetently and as a result the boiler in the property was unsafe. The occupant of the property and her children suffered the effects of carbon monoxide poisoning following the work and following a later inspection both the gas work and electrical work were found to be unsafe.

Mr Recorder Andrew Haslam Q.C. sentenced the defendant to twelve months imprisonment suspended for two years and two hundred and fifty hours unpaid work. An electronically monitored curfew for three months was imposed and the defendant was ordered to pay a contribution to costs of £5 200

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