The managing director of a Midlands-based company failed to put in place a management system to control legionella, despite receiving warnings from water-treatment contractors.
Ernest Jones appeared at Dudley Magistrates’ Court on 4 February and pleaded guilty to breaching s37(1), by virtue of s3(1), of the HSWA 1974. He was fined £2000 and ordered to pay £1000 towards costs.
In September 2008, HSE inspectors visited Metal Finishers Ltd site in Coseley, West Midlands, to look at the firm’s legionella controls. The facility was used to treat metal, and this process involved using two water-cooling towers. The inspection revealed that there was no management system in place for the control of legionella. The company had also failed to carry out regular monitoring and testing for the bacteria.
Two companies had carried out separate water-treatment surveys in January 2008, yet Jones had failed to act further on them. The HSE subsequently decided to prosecute Jones rather than the company, as he had been neglectful in his role as a director.
A Prohibition Notice was issued on 10 September to stop the towers from operating, and an Improvement Notice was issued, requiring a suitable management system to be put in place.
In mitigation, Jones said the company had taken immediate steps to clean the towers before it ceased trading in October 2008.
HSE inspector Sarah Palfreyman said: “The risk was foreseeable and entirely preventable. The company, and therefore the managing director, had received quotes from two water-treatment companies, which hadn’t been acted upon and received information from one about very high bacteria levels in the towers. This is a very well-known risk and there has been a number of outbreaks in recent years, one in the Dudley area.
“Legionella can make people seriously ill and, in severe cases, can kill. Managing directors have a responsibility to act upon findings like this as soon as possible. They should be fully aware of their duties and not rely on delegation, or assume they will not be prosecuted for their individual failings.”
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Legionella is a management isseus and while knowing the symptoms of the disease is one thing (they are quite general and can be attributable to a host of other causes), stopping it getting that far in the first place is the key.The HSE (formerly HSC) Legionnaires’ disease — the control of legionella bacteria in water systems Approved Code of Practice and Guidance (L8) applies to any undertaking involving a work activity and to premises controlled in connection with a trade, business or other undertaking where water is used or stored and where there is a means of creating and transmitting water droplets which may be inhaled As previously stated a risk assessment is the first step, followed, where required, by the introduction and implementation of a written scheme of management and control. It is also important to note that the disease is not transmitted from person to person, but by breathing in contaminated water droplets.Unfortunately while this advice has been in existence for over 20 years, poor quality risk assessments, ineffective management and a failure to understand their responsibilities, by those with the duty holding still cause problems.Also not mentioned above is the risks associated with spa baths (the cause of the Stoke on Trent outbreak which started in July 2012).The risk associated with legionella can be controlled, but it does require ongoing understanding and effort from the duty holder as well as competent support. Together with the UKAS and external QA schemes currently in place for testing labs, there is now a new legionella risk assessment standard out (BS 8580) for which organisations can also be accredited.