Director fined for neglecting legionella risk

Date:

04 February 2010

Release No:

WM588/09

The managing director of a Black Country firm has been fined after neglecting to control legionella at its site.

Despite warnings from water treatment contractors, Ernest Jones of Coseley-based First Metal Finishers Ltd failed to put a management system in place for the control of legionella.

Mr Jones of Rugeley, Staffordshire, pleaded guilty to breaching Section 37(1), by virtue of Section 3(1), of the Health and Safety at Work etc. Act 1974. He was fined £2,000 and ordered to pay £1,000 towards costs.

Dudley magistrates heard how in September 2008, inspectors visited the site in Cannon Business Park to look at control of legionella bacteria in two cooling towers.

The towers were in operation at the time of the visit, but it became evident no management system was in place for the control of legionella, nor had there been for at least eight months. Also, none of the required test checks or monitoring were being undertaken.

A prohibition notice was issued on site to stop the towers operating and an improvement notice was issued for a management system to be put in place. The failings identified in the investigation showed neglect on the part of managing director Ernest Jones.

HSE inspector Sarah Palfreyman said:

"The risk was foreseeable and entirely preventable. The company, and therefore the managing director, had received quotes from two water treatment companies which hadn't been acted upon and received information from one about very high bacteria levels in the towers. This is a very well known risk and there have been a number of outbreaks in recent years, one in the Dudley area.

"Legionella can make people seriously ill and in severe cases can kill. Managing directors have a responsibility to act upon findings like this as soon as possible. They should be fully aware of their duties and not rely on delegation or assume they will not be prosecuted for their individual failings."

Notes to editors

1. Section 37(1) of the Health and Safety at Work etc Act 1974 states: "Where an offence under any of the relevant statutory provisions committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly."
2. 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."

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Issued on behalf of the Health and Safety Executive by COI News & PR (West Midlands)