Crown censure of HM prison service

E47:09 12 June 2009

The Health and Safety Executive (HSE) has called HM Prison Service to account over a case of Legionnaires Disease at Nottingham Prison.

An inmate at Nottingham Prison was diagnosed with Legionnaires Disease on 8 March 2006. HSE conducted a thorough and detailed investigation to determine the likely source of exposure. High levels of legionella bacteria were discovered in the hot and cold water system in the prison's Health Unit.

HSE found the Approved Code of Practice for controlling legionella bacteria in water systems had not been followed. This was a breach of Section 3 of the Health and Safety at Work etc Act 1974.

HM Prison Service attended a formal Crown Censure Hearing at HSE's Nottingham Office today (12 June 2009). HM Prison Service accepted the Crown Censure after explaining the action it had taken to prevent a recurrence at Nottingham Prison or its other prisons.

HSE Director for the Midlands Nick Ratty says the system for managing health and safety at Nottingham Prison had not been effective in controlling this well-known risk.

"The standard was far below what is appropriate for a Prison," Mr Ratty said.

"This case highlights the need for employers to properly manage hot and cold water systems and manage the risk from legionella bacteria where vulnerable people may be at risk."

Notes for editor:

1. Section 3(1) of the Health and Safety at Work etc Act 1974 states: "It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety."
2. While the provisions of the Health and Safety at Work etc Act apply to Crown bodies, including departments and agencies, Crown immunity means such bodies are excluded from the provisions for statutory enforcement, including prosecution and penalties. HSE enforces health and safety law in relation to Crown bodies in Great Britain.
3. A list of censured Crown Bodies is published online and in the HSE annual report.
4. Legionnaires Disease is a potentially fatal form of pneumonia caused by bacteria found naturally in environmental water sources, but can pose a risk to public health in certain circumstances where the conditions are right. There is more information available online at http://www.hse.gov.uk/legionnaires/

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