Prosecutions
The Health and Safety Executive (HSE) prosecuted a multinational automotive parts manufacturer and a water treatment services provider after an investigation in 2006.
Wolverhampton Crown Court heard HSE inspectors found the manufacturer had failed to properly manage the water cooling systems used in manufacturing processes at its plant.
The treatment contractor had been contracted to provide water treatment services, was also found to have failed significantly in its duties.
There was no comprehensive and up-to-date risk assessment in place and neither company had taken reasonable steps to control the potential spread of Legionella by assessing the risk or properly cleaning and maintaining the water cooling system. Employees had not been properly supervised. The management failings by both companies were present over a prolonged period of time.
The manufacturing firm whose head office is based in Fareham, Hampshire, pleaded guilty and was fined £80,000 for breaching Section 2(1) of the Health and Safety at Work etc Act 1974 and Section 3(1) of the Act and ordered to pay £45,000 costs.
The contractor was found guilty at a trial in May and today was fined £40,000 for breaching Section 3(1) of the Health and Safety at Work etc Act 1974 and ordered to pay £80,000 costs.
After the hearing a HSE Principal Inspector said:
"It is vital that companies who use water cooling treatment as part of their manufacturing processes have plans in place to make sure the level of Legionella bacteria in their systems does not become unsafe.
"Legionnaires' disease is a potentially fatal form of pneumonia, which can affect anyone coming into contact with it.
"Neither company, including the contractor, which was specifically contracted to manage the water system, took the Legionella risk seriously. They failed to deal with their own risk assessment and service agreement in respect of cleaning the system.
"These were persistent and systemic failures, which put people's health at risk."
Legionnaires' disease is caused by bacteria found naturally in rivers, lakes and reservoirs, but which can multiply and become dangerous in some purpose-built water systems.