At Haddington Sheriff Court, John Martin Riva was fined £15,000 after pleading guilty to a contravention of Sections 3 and 33 (1) of the Health and Safety at Work Act 1974.

Having been contracted to rebuild the chimney on a property in Gifford between 8 August 2009 and 26 October 2009, Riva failed to ensure that it was fully cleared of any debris and masonry materials that had fallen in. The chimney was left blocked when the fire in the living room of the house was brought into use by the Ross family who lived there.


The blockage impeded the combustion process of the solid fuel fireplace in the living room, causing the fumes from the fireplace to build up, this resulted in an accumulation of carbon monoxide to which the three occupants of the house were exposed.

Mrs Ceridwen Ross, aged 60 years, died on 26 October 2009 as a result of the exposure.

Following the case, Elaine Taylor, Head of the COPFS Health and Safety Division, said: "This case demonstrates yet again the importance of employers and contractors being aware of the risks not only to their own employees, but to all of those who may be affected by the work they carry out.

"If Mr Riva had taken the simple steps necessary to identify the risks associated with his work and acted upon them, Mrs Ross would not have lost her life in an entirely avoidable incident.

"Our thoughts are with her family."

(CD/GK)