iAs I recall the incident would need to be notified by the Gas Safe Registered Engineer if he considers it to be immediately dangerous or at risk. If it is interfering with the amount of ventillation then it may fall under these categories but otherwise, it may just be not to current standards and not notifiable. If you haven't already had it checked, then call a GSR engineer.

The standards provide for a specific amount of ventillation. Double check with the Engineer. If he thinks it was "At Risk" (AR) or "Immediately dangerous" (ID) he should have provided you with a warning/advice note and he is duty bound to report it himself under reg 6 of RIDDOR.

So there are two possibilities - either it wasn't AR or ID - in which case you do not need to report it, or (as sometimes happens) it was but he put it right and may feel a sense of duty not to report it and get someone in trouble.

Ask the engineer whether the restriction of the ventillation was classed as either AR or ID and report if it was. You may wish to make a complaint to HSE about the contractor if it is not reportable as if he doesn't understand what he did wrong, it may be more serious in the future.

I do not believe that the situation as described is a RIDDOR Reportable DO; however, if any occupant of the premises is affected subsequently, your RIDDOR Reporting requirement is going to be the least of your worries!

It appears odd that the flues have been apparently partially obstructed by what appears to be a permanent obstruction yet the Registered GasSafe Engineer has tested it and found that there is no problem. This is rather worrying as it just seems contradictory.

There is a presumption that the Gas Engineer has provided clearly written and legible paperwork for their tests; and that they didn't identify any essential remedial work to make the flues to an acceptable standard?

Frank Hallett

Thanks for the clarification johnbhoy - it changes the situation more than a little.

On the presumption that the gas flues were in use at the time of the original insulation work, this mirrors a decided case [sometime last year - sorry, can't remember the date] where occupants were put at considerable risk due to a similar occurrence. I'm sure that others will have chapter & verse to hand!

I believe that the premises controller and also the contractor were successfully prosecuted!!

So, if there were people put at risk of incomplete gas combustion and it was identified as such by a GasSafe Engineer before any remedial measures were put in place then RIDDOR Reg 11(2) would appear to be the relevant reporting trigger. There doesn't appear to be a reporting requirement for the situation that you identify.

However, effective management of contractors falls within HSWA and several other Regs and the possibility of the obstruction of the flues should have been identified in advance and dealt with.

Frank Hallett