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Understanding Legionnaire's
August 1st 2007

Five years ago, an outbreak of Legionnaire's disease at a council-run arts centre in Barrow-in-Furness led to 170 people falling seriously ill with seven of those affected losing their lives. The local council and the Design services manager were cleared of corporate manslaughter but were fined £125,000 and £15,000 respectively on health and safety charges. Zoe Barnett of the National Britannia Group explains the steps businesses can take to protect themselves

The Barrow-in-Furness case serves as a stark reminder to employers that, despite the relative infrequency of reported outbreaks, the risks from legionella bacteria to both the public and employees are very real.

In fact, according to statistics released by the Health Protection Agency, a total of 127 cases were recorded in August 2006, more than doubling the figure (63 cases) confirmed in August 2005.

Manufacturing and engineering companies, many of which host intensively-used purpose-built water systems spanning large premises, are considered to be at a significantly higher risk of an outbreak than most others.

Air conditioning and industrial cooling systems, such as cooling towers and evaporative condensers, are frequently used within industrial premises. These often operate at temperatures of around 20-45°C, which fall within the range that encourages legionella bacteria to multiply.

Robust management system Where it is necessary for production reasons to maintain water within this range then organisations should have a robust management system in place to ensure that the plant and equipment are monitored and maintained in accordance with the Health and Safety (HSE) Approved Code of Practice (L8).

The L8 guidance document details typical on-site monitoring checks recommended for good operating practice as well as action levels for microbial monitoring.

An inspection by the HSE of 22 organisations in the Midlands with water cooling systems revealed that robust management system were lacking. As a result, there were instances of inadequate maintenance and cleaning of the systems leading to a build-up of slime, algae, scale and corrosion. These non-compliances provided suitable conditions for legionella bacteria to proliferate.

Contaminated water droplets can then be spread in the form of fine mist or spray, thereby posing serious health and safety risks to employees and others in the surrounding area.

Risk assessment Employers can however, greatly reduce the likelihood of an outbreak by establishing and implementing procedures for such systems and carry out a thorough risk assessment.

The risk assessment should identify a number of key factors including source of water, and possible source of contamination; normal plant operating characteristics and reasonably foreseeable operating conditions.

For any business without the necessary internal competency to undertake such risk assessments, it is advised that they use the services of a competent external provider which, are recommended that they are Members of Legionella Control Association (LCA).

Outbreaks of the pneumonia-related disease can result in costly legal action or even prosecution for corporate manslaughter if a company is found to be in breach of its duty of care as set out in the Health and Safety at Work Act of 1974, and Control of Substances Hazardous to Health (COSHH) regulations.

The law clearly states that premises' duty holders have to consider the risk to employees — and where appropriate, the public — and take suitable precautions to prevent such outbreaks.

It is vital that employers and organisations assume their responsibility and exercise their duty of care to prevent outbreaks such as the tragic case of Barrow-in-Furness.

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