Health and Safety Executive

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HSE Statement on Barrow Legionella prosecution

HSE would like to express sympathy to people of Barrow, in particular the families of the seven residents who died following the outbreak in the summer of 2002 and the 180 people who suffered from Legionnaires' disease. Our thoughts are with all those who are still trying to deal with the consequences of this tragic event.

HSE has been part of a major investigation led by Cumbria Police and with a key role by the Health Protection Agency. A partnership approach has enabled the Crown Prosecution Service to bring these prosecutions to court for a second time.

The case has clearly highlighted the importance of taking adequate precautions to protect people from Legionnaires' disease. There were several lapses in the duty of care by Barrow Borough Council as the employer, and by Gillian Beckingham, the Council's Design Services Manager.

There is a clear lesson for all those who are responsible for installations that carry a risk from legionella. You should check your management arrangements and your control measures regularly and you should oversee the work that contractors do on your behalf. There is no room for assumptions that systems are working as they should, and no room for ignoring personal roles and responsibilities at any level of management.

Guidance setting out sensible health and safety precautions is available via the HSE Legionnaires website. The Approved Code of Practice and Guidance on controlling legionella is essential reading for managers. It is vital to compare your practices against what is required and to act on any deficiencies.

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Updated 2013-01-17