An outbreak of Legionnaires’ Disease can be costly both in terms of human health and potential fines. But what preventative measures can be taken to reduce the risks?
09 October 2008
Legionnaires’ disease was back in the headlines this summer with the prosecution of cider maker HP Bulmer and its specialist maintenance contractor, Nalco. Both companies were fined £300,000 and forced to pay £50,000 in legal costs after an outbreak in Hereford left two people dead and more than 20 seriously ill.
1 Outbreaks and symptoms
According to the Health Protection Agency, cooling towers and evaporators are the most common source of Legionnaires’ outbreaks in the UK with 31 outbreaks causing 57 deaths between 1980 and 2003. But, tellingly, 57 outbreaks leading to 25 deaths were from unknown sources. Most experts also believe that the official figures for Legionnaires’ outbreaks are conservative with many cases misdiagnosed as pneumonia.
Legionella bacteria can develop quickly in the dark recesses of under-maintained pipe runs. The bacteria occurs naturally, but will multiply rapidly under the right conditions (in stagnant water; between 20ºC and 45ºC). The risk is further increased by the presence of sludge, scale, rust or algae, all of which contain nutrients.
2 Risk areas
Two cooling towers were identified as the source of the Bulmer’s outbreak and the verdict on the people responsible for maintaining this equipment was damning. Judge Alistair McCreath said the hygiene programme had been “woefully inadequate,” attibuting the outbreak to “oversights and the cutting of corners”.
Poor initial design of water systems can leave FMs with a major headache. Long pipe runs, low water flow rates, and poor temperature control can increase the risk of an outbreak by encouraging the growth of legionella bacteria. The bacteria are usually transmitted to people via small droplets of water suspended in the air, which contain the bacteria and are inhaled.
3 Prevention
There are a series of simple, practical steps that FMs can take to reduce the risk of legionella outbreaks in their premises. Good advice is also readily available.
- A rigorous programme of sampling and chemical water treatment and/or regular flushing and cleaning of the systems should be undertaken to reduce the growth of bacteria
- The FM should commission a risk assessment from an expert in the subject and then ensure at least one member of the building staff has the appropriate training to grasp its implications. As well as highlighting areas of risk, the assessment should prioritise action to be taken to minimise the threat
- The Health and Safety Commission’s Approved Code of Practice L8 gives practical advice on how to comply with health and safety legislation for legionella
- Coshh Regulation 6 also details what employers must do to reduce the risk of their employees being exposed to the threat posed by the bacteria
- The HSE will look for evidence that a risk assessment has been carried out and a basic control strategy put in place to manage the risk; that risk factors have been assessed and prioritised; that a continuous programme of monitoring is in place; and that staff have been trained
4 Legal implications
Prosecutors pointed to an “outdated water treatment policy” and “deficiencies in staff training” at Bulmers. They said Nalco had failed to comply with its contractual obligations by failing to adequately clean the towers and had also neglected to carry out an adequate risk assessment on behalf of the drinks firm.
This is a salutary lesson for all building owners and their maintenance staff, and calls attention to a recent strengthening of the enforcement regime. The 2002 Barrow-in-Furness outbreak, which killed seven people and left 200 seriously ill, issued in a torturous legal battle as prosecutors sought to pin the blame on one hapless building manager – Gillian Beckingham. She was initially charged with manslaughter, which could have led to a lengthy jail term, but was subsequently found guilty of one breach of health and safety legislation and fined. During the trial the court was told that Beckingham, an architect by training, was “unfamiliar” with the terminology used to describe the state of the air conditioning unit at the centre of the outbreak.
In her defence, she told the court that her job was mainly concerned with the design of local housing projects, and that she had received no health and safety training. The prosecution alleged that she had cancelled a contract covering the maintenance and safety checks of the air conditioning at the centre as a cost-cutting measure.
5 Training and awareness
Lack of specialist training and awareness of the risks is a concern for all building FMs. Leaving responsibility for building services plant in the hands of someone without the right training is reckless. You wouldn’t do it in technical areas - so why chance it with health and safety?
As with many health hazards, a strategic preventative maintenance programme is the best solution. Building services equipment often suffers from an ‘out of sight out of mind’ mentality and this is particularly true of water systems and plant that sits on the roof and gets forgotten.
Facilities managers need to be confident that the specialist contractors they employ to do this work are reputable and competent. These firms must also recognise that they have a duty of care to their client and should provide adequate advice, practical measures and training for the client’s on-site staff.
Peter Excell is chairman of the HVCA’s Service and Facilities Group and development director of Platinum Facilities & Maintenance Services
website
website