The costs of discovering Legionella on your premises could, potentially, be catastrophic, in terms of both the financial and human consequence. This was highlighted most recently when private care provider, BUPA were handed a £3 million fine after being proved negligent in the death of a resident at one of its nursing homes. The pensioner died as a result of contracting the often fatal Legionnaires’ disease, while resident at an Essex care home run by the UK’s leading health provider. Significant flaws were found in safety protocols and practices at the Brentwood-based home, according to the investigation which was launched following the demise of the 86-year old, with Ipswich Crown Court hearing that following the tragic death water samples were taken from the deceased’s ensuite bathroom. These samples contained what was described by water treatment experts brought in to assess the resident’s room as a ‘high concentration’ of legionella bacteria, and one which ultimately led to their untimely death.

Thankfully not every case of legionella bacterium infiltrating a property (be it a care home for the elderly, hospital, business premise, hotels, warehouse, factory, health/sports centre, office or even domestic setting) results in such a devastating conclusion for those directly affected by inhaling contaminated water droplets – statistically very few, in fact - but nevertheless the end game per se will have long reaching effects on all parties concerned. Not least from a financial perspective, where those responsible could be hit hardest if they neglect their duty of care to those under their remit; and as underlined with regards to BUPA in the abovementioned instance. Carelessness, ambivalence, a flagrant disregard for the health and welfare of others, call it what you want, there’s absolutely no excuses for not creating and thereafter, prioritising a dedicated and comprehensive legionella control scheme.

What You Must Do You Avoid Finding Yourself in an Untenable Position When it comes to Legionella Control

The bottom line – and fundamental starting point in ensuring that legionella isn’t present (and remains the status quo going forward) is to carry out an all-important legionella risk assessment, in conjunction with water treatment professionals to guide you every step of the way.  What’s more, under the Health and Safety at Work, Act 1974, the Control of Substances Hazardous to Health Regulations 2002 concerning the risk from exposure to Legionella and compliance with the relevant parts of the Management of Health and Safety at Work Regulations 1999, this is a legal requirement.

In the aftermath of conducting enquiries and water sampling instigated by the death of a hospital patient from suspected Legionnaires’ disease a couple of years back, a HSE inspector went on record as saying; “All organisations have a responsibility to manage their water systems to protect people from the risk of legionella infection. It is essential that organisations review their risk control measures whenever there is reason to suspect that they are no longer valid or when there are changes to a water system.” And of course, the best way of achieving this goal is by talking to water treatment specialists with experience of performing legionella risk assessment programs and cycles. It’s imperative that any concerns regarding the prospect of legionella within a building are eliminated, and the only tried and tested means of doing this is by arranging for a risk assessment to be undertaken.

Confusion Sometimes Arises Based on Underlying Fact that Legionella Covered by Various Laws and Regulations

As it stands, legionella compliance is governed by a number of different laws and regulations, which can lead to fluctuations in fiscal punishments received by guilty parties in a court of law. Although as touched on beneath, this is also measurable by noted differences between magistrates and crown courts when dealing with offenders. Casting an eye over the key legislation which covers legionella here in the UK, and the following are historically cited;

• Health & Safety at Work, Act, 1974 – covering risks from legionella that may arise from work activities
• Management of Health and Safety at Work Regulations, 1999
• Control of Substances Hazardous to Health Regulations 2002
• Notification of Cooling Towers and Evaporative Condensers Regulations 1992

 The Penalties for Not Complying with the Law with Reference to Legionella Risk Assessment

Typically fines imposed for non-compliance of legionella control by parties responsible for the welfare of their employees/residents/guests/etc range, courtesy of a sliding scale; with minimum amounts cited by magistrates courts being in the region of £20,000 (together with the threat of a criminal record hanging over the guilty). In addition to this, and depending on where you are in the UK, those found culpable may even face a 12 month custodial sentence. Scottish sheriff courts wield this sort of power, while elsewhere crown courts have the authority to meter out unlimited fines, along with the possibility of up to 2 years imprisonment.

Then, understandably, there’s increased levels of punishment if and when victims of Legionnaires’ disease succumb to their severely impacted health condition, exacerbated by exposure to the legionella bug. Should loss of life result, then the Crown Prosecution Service (or the police) can bring a prosecution under the Corporate Manslaughter and Corporate Homicide Act 2007, if circumstances necessitate. In furtherance to this, penalties under this legislation can manifest as unlimited fines running into millions of pounds, remedial orders and publicity orders.

Worth mentioning that as of 2016, the HSE ushered in new, more rigid sentencing guidelines for organisations that are found to be negligent in the routine adhering to health and safety legislation, and were designed around perceived risk levels as opposed to harm inflicted. The upshot of this broader classification means that the hospitality industry, for example, might be more susceptible to tougher fines and/or penalties whether an outbreak of Legionnaires’ disease is confirmed or not; in the context of the supposition that guests contracted the disease whilst staying in establishments. The basis for this being that the organisation hadn’t provided proof of an up to date legionella risk assessment, or alternatively not acted on the appropriate steps required to control the bacteria, as outlined in a previous inspection.