HSE serves Improvement Notice on Edinburgh cooling tower

Date:

8 June 2012

The Health and Safety Executive (HSE) has today served an Improvement Notice on an Edinburgh company for alleged failures to adequately control the risk of legionella in a cooling tower.

The Improvement Notice served on North British Distillery Company Ltd refers to one cooling tower at Wheatfield Road, Edinburgh, EH11 2PX. However, the company has chosen to take all three cooling towers out of operation.

The Notice can be appealed by the company within the next 21 days.

The Notice was served for a failure to devise and implement a sustained and effective biocide control programme in one cooling tower.

HSE visited North British Distillery Company Ltd as part of an ongoing investigation into a Legionnaires disease outbreak in South West Edinburgh. Visits to other companies are ongoing.

Issuing the Improvement Notice does not mean that this cooling tower has been identified as the source of the outbreak. The source of the outbreak may never be conclusively identified, based on our experience from previous outbreaks.

HSE can issue an Improvement Notice if it believes that correct procedures are not being followed but there is not an immediate risk to workers or members of the public. It sets out what remedial action is necessary and a deadline for its completion.

In this case, North British Distillers have been required to satisfy HSE that appropriate controls are in place by 29 June 2012.

Notes to editors

1. Improvement Notices are subject to a 21-day appeal period and this should be made clear in any media reporting.
2. HSE has a range of enforcement powers, ranging from verbal and written advice, Improvement Notices, Prohibition Notices and prosecutions under various health and safety laws in England and Wales. In Scotland, HSE presents findings of investigations to the Crown Office Procurator Fiscal Service for a decision about prosecutions under health and safety laws.
3. More information about Notices is available here: http://www.hse.gov.uk/enforce/enforcementguide/notices/notices-intro.htm
4. More information about legionella bacteria and legal responsibilities of dutyholders is here: http://www.hse.gov.uk/legionnaires/index.htm
5. HSE is a member of the Incident Management Team (IMT), set up to investigate the Legionnaires outbreak in Edinburgh. They are currently inspecting relevant premises within the outbreak zone working with Edinburgh City Council.

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