Director who neglected legionella risk is fined
February 8, 2010
A managing director who failed to control legionella at his company site, has been fined.
Magistrates heard how inspectors visited the site based at Cannon Business Park to look at control of legionella bacteria in two cooling towers.
During the time of the vist, the towers were in operation. However, it became evident that a management system was not in place for the control of legionella, which had been the case for at least eight months. The inspectors also found that 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 identified failings including showed neglect on the part of managing director Ernest Jones.
Managing Director, Ernest Jones of Coseley-based First Metal Finishers Ltd failed to put a management system in place for the control of legionella, despite warnings from water treatment contractors.
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 had not 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."
Mr Jones of Rugeley, Staffordshire, was fined £2,000 and ordered to pay £1,000 towards costs after pleasding guilty to breaching Section 37(1), by virtue of Section 3(1), of the Health and Safety at Work etc. Act 1974.
Find out more about Legionella
Magistrates heard how inspectors visited the site based at Cannon Business Park to look at control of legionella bacteria in two cooling towers.
During the time of the vist, the towers were in operation. However, it became evident that a management system was not in place for the control of legionella, which had been the case for at least eight months. The inspectors also found that 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 identified failings including showed neglect on the part of managing director Ernest Jones.
Managing Director, Ernest Jones of Coseley-based First Metal Finishers Ltd failed to put a management system in place for the control of legionella, despite warnings from water treatment contractors.
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 had not 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."
Mr Jones of Rugeley, Staffordshire, was fined £2,000 and ordered to pay £1,000 towards costs after pleasding guilty to breaching Section 37(1), by virtue of Section 3(1), of the Health and Safety at Work etc. Act 1974.
Find out more about Legionella
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