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cooling towers or risk stiff penalties HSE warns firms following
Legionnaires' prosecution
The Health and Safety Executive (HSE) has warned employers who operate
cooling towers that they risk stiff penalties and even individual
prosecutions if they fail to ensure the regular cleaning and maintenance
of the towers to minimise the risk of Legionnaires' Disease.
The HSE also issued a warning to water treatment companies that
they will face similar action if they fail to carry out their role
as contractors properly.
The warning follows the successful conclusion
of a complex prosecution at Swansea Crown Court in which the employer
company, its managing director and two water treatment companies all
faced charges brought by the HSE following investigations into several
cases of Legionnaires' Disease at two factory sites in West Wales.
Fines totalling £85,000 plus costs of £40,000
were imposed.
GTS (Fabrications) Limited and it Managing Director, Ceri Davies,
both received fines of £25,000.
Marcia Davies, HSE Head of Operations, said:
"Legionnaires' Disease can so often have tragic consequences for
those affected and their families. I hope that this case and the penalties
awarded will send a sharp message to all those involved with cooling
towers. They have clear duties to ensure that cleaning and maintenance
is carried out regularly and fully - in accordance with the Health
and Safety Commission's Approved Code of Practice and manufacturers
instructions - to minimise the risk of Legionnaires' Disease.
On 16 June 1998 at Swansea Crown Court, GTS (Fabrication) Limited
was fined £25,000 under Section
3(1) of the Health and Safety at Work etc. Act 1974 (HSWA) for failing
to take all reasonably practicable precautions to minimise the of
legionellosis to its employees during the operations of the water
cooling towers at its Pembrey factory. The company was also fined
£5,000 under Regulation
5(1)(a) of the Reporting of Injuries, Diseases and Dangerous Occurrences
1995 for failing to report a case of legionellosis affecting an employee
at its Hendy site.
GTS Managing Director Ceri Davies was fined £25,000
for failing to comply with his duty as a company director, under Section
2(1) of HSWA. He was ordered to pay £10,000
costs.
(Taken from Press Release E147:98
- 19 June 1998)
The full
text of this can be viewed and downloaded from the HSE website on
the internet:
http://seek.open.gov.uk/
Taken from Press Release E128:99 - 2 July 1999
Companies urged to comply to prevent
Legionnaire's Disease
Following the publication of the report on the Legionnaires' Disease
outbreak at Corby, the Health and Safety Executive (HSE) has today urged
all those companies operating cooling towers or evaporative condensers
to be vigilant and to ensure they know how to comply with their legal
obligations.
The Corby outbreak which occurred between August 1996 and February
1997 severely affected the health of 21 people, and tragically caused
the death of a 45-year-old man. It was the largest outbreak of Legionnaires'
Disease in the UK since 1989 and gave rise to an unprecedented level
of investigation and enforcement by the HSE and Corby Borough Council,
who together with Northamptonshire Health Authority, PHLS and NHS experts
formed an Outbreak Control Team which published its findings at the
end of June.
Although the Outbreak Control Team were not able to identify a definitive
source of the outbreak (A source is only identified in about 50% of
UK outbreaks and about 25 % of outbreaks) four companies in particular,
from more than 30 installations in the outbreak zone, could not be excluded
as potential sources based on evidence obtained from DNA and monoclonal
antibody tests and on-site investigations.
Dr Roger Nourish, Head of Operations Midlands Region, said
"The underlying message from this major outbreak and its tragic consequences
is that although open wet cooling towers are inherently vulnerable to
contamination with Legionella, the risks can be controlled if companies
manage, maintain and monitor them effectively.
"If any Company is in doubt as to its obligations to register its cooling
tower or evaporative condenser installations to the Local Authority,
or to carry out a risk assessment and implement controls, published
HSE guidance is available and I urge them to read it. Awareness, effective
action and continued vigilance are the key to prevention of this disease.
"The level of enforcement action taken during the Corby Outbreak -
nine companies were prosecuted and other enforcement action was taken
against 10 companies - is a demonstration of HSE's continuing commitment
to securing compliance.
" The warning comes at the end of the Health and Safety Commission
consultation process on proposed revisions to the Approved Code of Practice
(ACoP) on the control of legionella in water systems.
This includes for the first time a new industry Code of Conduct for
organisations providing water treatment services, developed by the British
Association of Chemical Specialities (BACS) and the Water Management
Society (WMS).
A report on the Legionnaires' Disease outbreak, Corby 1996/7 was published
on behalf of the Team by its Chairman, Dr Patrick Morgan, MBE, FFPHM,
Consultant in Communicable Disease Control for Northamptonshire Health
Authority and is available from Northamptonshire Health Authority, Highfield,
Cliftonville Road, Northampton, NN1 5DN.
Notes to editors
1. Legionella bacteria are common in natural and artificial water
systems and can proliferate in poorly maintained wet cooling systems
or hot and cold water systems in a wide variety of places e.g. hospitals,
office buildings, industrial premises, showers and even fountains. Organisms
thrive between 20 and 45 degrees centigrade. They are killed at higher
temperatures and this is the main method used for their control in hot
water systems.
2. Legionellosis is the name given to a group of pneumonia-like illnesses
caused by legionella. The most serious is Legionnaires' Disease and
there have been several large outbreaks involving staff, patients or
the general public. Infection is caused by breathing small droplets
of water contaminated by the bacteria. Anyone can get infected but those
most at risk include elderly people, smokers, alcoholics and those suffering
from cancer, diabetes, chronic respiratory disease or kidney disease.
3. Control of legionella in evaporative cooling towers and hot and cold
water systems is required under the Health and Safety at Work Act 1974.
Guidance on legionella was first issued by HSE in 1987. It was replaced
in 1990 by an ACoP The prevention or control of legionellosis (including
Legionnaires' Disease), revised and updated in 1995 with further revisions
currently subject to consultation. This was supported by guidance The
control of legionellosis (including Legionnaires' Disease), HS(G)70
last updated in 1993 and recently supplemented by The control of legionellosis
in hot and cold water systems MISC150 1998. These are all available
from HSE Books telephone 01787 881165.
4. Separate regulations, the Notification of Cooling Towers and Evaporative
Condensers Regulations (1992), require that all such devices are notified
to Local Authorities. This is intended to identify possible sources
of infection during investigations of outbreaks of Legionnaires' Disease.
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