HSE serves a further two Improvement Notices on Edinburgh cooling tower

Date:

11 June 2012

The Health and Safety Executive (HSE) has today served two Improvement Notices at a second Edinburgh company as part of its ongoing Legionella investigation.

The Improvement Notices served on Macfarlan Smith Ltd, Wheatfield Road, Gorgie, Edinburgh require thorough cleaning of one of its cooling towers and provision of access for inspection and maintenance of that cooling tower.

Both Notices can be appealed by the company within the next 21 days.

Last week (Friday 8 June), HSE served an Improvement Notice on North British Distillery Company Ltd for a failure to devise and implement a sustained and effective biocide control programme in one cooling tower at its site on Wheatfield Road, Edinburgh.

The enforcement action against Macfarlan Smith comes as part of an ongoing investigation into a Legionnaires' disease outbreak in South West Edinburgh. Visits to other companies are ongoing.

The Improvement Notices require the company to take steps to improve its management systems and do not mean that this cooling tower has been identified as the source of the outbreak. HSE said the source of the outbreak may never be conclusively identified, based on experience from previous outbreaks.

The Improvement Notices have been served because the company has allegedly failed to maintain their control measures for the safe operation of the cooling tower to the required standard. It does not indicate an immediate risk from legionella, as this was being controlled by the emergency dosing of chemicals and the company's subsequent voluntary shutdown of the cooling tower.

HSE can issue an Improvement Notice where there has been a contravention of health and safety law. The notice sets out what remedial action is necessary and a deadline for its completion, in this case 9 July 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' disease outbreak in Edinburgh. They are currently inspecting relevant premises within the outbreak zone working with Edinburgh City Council.

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