Do you need Legionella in your system to be prosecuted? All your questions answered…

When it comes to the legal system, the worst thing you can do is to make assumptions. This is no different when it comes to Legionella and Legionella compliance. The bottom line is that future cases must be prevented, rather than reacted to, when it’s too late. And the best way of ensuring this, is by issuing punishments to property owners/employers/duty holders who have not taken the necessary precautions.

 

The fact is – you DON’T need to be caught with a system containing Legionella bacteria to be prosecuted.

In theory, a system could have no harmful bacteria inside it for hundreds of years (with no contamination). This would make no difference as the risk is still ever-present if the water system is neglected and it’s completely unfair on anyone nearby. If the required training and level of compliance is not achieved – the HSE can still implement a severe penalty.

The outcomes of prosecution taking place before legionella bacteria is found are as follows:

 

• The level of deterrence stays high (employers/business owners know that they must have the correct measures in place)
• The risk of legionnaires disease reduces (and therefore the number of hospitalisations and fatalities)
• The Health and Safety at Work etc Act 1974 enforces to better effect

 

How detrimental could a Legionella compliance failure be for your company?

When a Health and safety audit is completed and the results aren’t favourable, there’s no doubt it’s bad news. But just exactly how damaging can it be for a business if there’s a breach?

Several key factors are taken into consideration if a company is prosecuted for failing to comply with the standards for Legionella prevention. The sanction will aim to reflect the level of negligence involved. Possible legal sentences could be:

 

• Prison sentences of up to 2 years, imposed on those responsible (including landlords, duty holders, responsible persons)
• Huge fines can be administered (potentially millions of pounds, depending on the severity of the breach/size of company)
• If the media/news outlets catch wind of the breach, the company can suffer hugely negative PR and damage to the brand

 

Previous court cases that have ended in punishment

If you are inclined to believe that the world has progressed when it comes to treating water systems properly, you’d be correct. But since business began, people have always tried to cut corners and you don’t have to look too far back to find examples of this.

 

The G4S case

An employee working for the multi-national security company G4S was admitted into hospital in 2013. A hefty fine of £1.8 million was imposed on the company, when the patient was diagnosed with Legionellosis. With a £1.8 million pounds punishment, you’d expect that G4S’s Harlow site was proven to be the source? Not the case, legionella bacteria wasn’t found on the premises.

The local council spent time investigating this but were unable to prove the exact origin of where the infection took place. But they did find that the correct level of training was not carried out with staff and there were several compliance faults.

 

The Isher Hangers case

As a rule of thumb, it’s never a good idea to ignore the advice of water treatment consultants. That is exactly what two Birmingham business partners did when vital warnings were given regarding Legionella prevention. Isher Hangers employees were proven to be at risk of being exposed to the bacteria, as well as people nearby.

To be more specific, the cooling towers on the premises were not protected with biocide, increasing the risk to no end. The HSE discovered this and the two responsible person’s had no choice but to plea guilty. The judge’s chosen punishment was 12 weeks in prison (suspended for 12 months) with fines of £12,230 each.

 

The DeMet ColourCoat case

Two components of the 1974 Health and Safety at work act were found to have been breached in 2017 by a firm in Dudley, West Midands. Tunnel washers were found to be the equipment that was putting people’s lives at risk, with no control precautions taken.

Even though there wasn’t an instance where someone had contracted legionellosis, the HSE decided these were unacceptable conditions. Hence why a £15,000 fine was imposed and a thorough re-analysis of procedures was carried out by DeMet Colourcoat.

 

How can Hydro-X Training help with Legionella compliance?

At Hydro-X we’re proud to use our vast experience to provide City & Guilds accredited training in Health and safety compliance. Our satisfaction comes from companies taking all of the correct measures and reducing the risk of disease. We provide training for responsible persons, staff with limited water hygiene control and skilled operatives.

Duty Holders complete our courses and are awarded with fully accredited certification, enabling them to carry out their duties in a safe manner. Our courses are delivered in a number of ways such as face-to-face, on-site at your premises, via e-learning or via web conference.

Get in touch to find out more.