Statutory Responsibilities in Health and Safety in Industries - Report Example

Name Course Professor Date Statutory Responsibilities in Health and Safety in Industries The World Health Organisation defines Legionellosis as a group of diseases caused by Legionella Pneumophilia and other related Legionella bacteria. The severity of the disease ranges from mild fever (Pontiac fever) to fatal pneumonia called Legionnaire disease that affects everyone especially those who are immunocompromised due to age, illness or smoking risk factors. The bacteria are harboured in both natural and artificial environments with warm water such water cooling systems, equipment used in respiratory therapy, misting devices, spa pools and in warm dumpy surfaces such as in ships. Outbreak of Legionellosis often leads to a mass morbidity and mortality hence a slight suspicion of exposure requires immediate action (W. H. O., 2007, pp. 15–32). The Legionella bacteria survive in most of the environment conditions. They are acid-tolerant withstanding exposure to pH ranging from 2.7 to 6.3. It survives in salty water and groundwater that is contaminated by soils at a temperature below 20o C. It can survive for too long in low temperatures and proliferate once the temperatures and other conditions allow. The bacteria can tolerate temperatures above 50O C and above for several hours. Other factors influencing its multiplication include presence of nutrients and other bacteria in the water systems. The fact that its presence may be in too low concentrations that cannot be detected poses a risk of the bacteria being introduced into the storage tanks (Bartram, 2007, p. 72–118). Public health laws regarding prevention and management of workplace hazards demand responsibility from employers and those given the responsibility within the organization to take adequate measures that protect employees, neighbours and community from risks posed by hazards originating from the organisation. Legionnaire disease exposure is regulated under a code that requires owners and operators of water systems to abide to the approved practice failure to which can lead to prosecution and subsequent punishment (Bartram, 2007, pp. 131–142). The requirement for Legionella Risk Assessment is anchored in several legislations including The Health and Safety at Work Act 1974, Control of Substances Hazardous to Health Regulation 2002 (COSHH) and Notification of Cooling Towers and Evaporative Condensers Regulations 1992 among others (Bartram, 2007, pp. 131–142). In reference to the Health and Safety at Work Act of 1974 section 2, all employers are given the duty to conduct their businesses in a way that ensure that all persons involved or not involved in the business are not exposed to health and safety risks. Moreover, the Recommended Code of Conduct for Service Provider published by Legionella Control Association emphasis that the responsibility of any Legionella outbreak lie with owner and operator of the water systems irrespective of whether measures to curb the risk were undertaken by an external agent (H. S. E, 2014, pp. 17–23). Employers have an obligation to prepare a scheme outlining measures that prevent or control the risk. In addition to that, the duty holder has an obligation to implement and manage the scheme. Other responsibilities include appointing the responsible person and keeping records of risk assessment, accident reporting and measures taken. Legionnaire disease is a public health concern. Hence, the duty holder must communicate with public health agency if the infection is established in the organisation (U. K Government, 2011, pp. 11–19). The cooling water system in Acme Hydrocarbons Ltd is run by a contracted company Flow Systems Ltd. The company uses a lot of water in its manufacturing process. To support this quantity of cooling water, there are three cooling water towers supported by a surface water reservoir containing 10 million litres. The company is expected by law to provide control measures that prevent infection with Legionella bacteria, ensure that the control measures are maintained and always in good condition. Besides, Acme Hydrocarbons Ltd is expected to periodically assess the effectiveness of the control measures set up according to rule no. 9 of the Control of Substances Hazardous to Health Regulations 2002 (COSHH) (U. K Government, 2011, pp. 11–19). Testing of water for the concentration of Legionella is mandatory and is a responsibility of the duty holder. In addition, the law requires proper keeping of suitable records of all tests and examinations done for a minimum five years since the test was done (Great Britain Health and Safety Executive, 2013). Personal protective equipment for employees should be always used and kept away from other personal clothing to avoid contamination. If contaminated, it should be decontaminated or disposed according to requirements of Rule No. 9 of COSHH 2002 (U. K Government, 2011, pp. 11–19). Several companies have been prosecuted and subsequently fined due to negligence, ignorance and failure to execute COSHH regulations in relation to Legionella bacteria exposure in work places. The prosecution of a butchery company called Kepak UK Ltd after two of its employees caught Legionella disease in its premises led to $25,000 fine after the company was found guilty of failing to ensure its employees were safe from contracting Legionnaires’ disease. The HSE (Health and Safety Executive) warned companies to fulfil their obligations and carry out regular checks that would protect their employees. The court heard that Kepak did risk assessment but did not carry out the recommendations, which exposed workers to the bacteria as they used water from their storage systems to perform their activities (Health and Safety Executive, 2009, p. 1). A similar case happened in a Manchester care home that was fined $5,000 for putting Manchester residents at risk of contracting Legionnaire’s disease. The court fined SJ Care Homes Ltd $3, 607 as prosecution expenses in addition to the fine for failing to take measures necessary to manage high levels of Legionella bacteria found its water systems after HSE visited their premises and recommended control measures to be put in place. HSE requested the nursing home to write the plan for managing Legionella bacteria. Failure to develop the plan and execute it led to prosecution and subsequent fine for not protecting the public from the dangerous Legionella bacteria (R& R Water Hygiene Services, 2014, p. 1). Analysis of the Risk for Legionella bacteria In Acme Hydrocarbons Ltd Water Systems Analysis of Acme Hydrocarbons Ltd Water Plant Chemical Treatment Log confirms that the water system provides a suitable environment for growth and multiplication of Legionella bacteria. The company is not keen on preventing infection or controlling the risk of Legionella bacteria. Firstly, the temperature levels favour growth of the bacteria. The water temperature ranges from 15-22 degree centigrade. This range of temperatures suitable for Legionella bacteria growth and replication to harmful levels. Secondly, poor maintenance of the water system creates a suitable environment for bacteria growth, replication and increase in concentration that increases chances of transmission. According to the information provided in Water Treatment Log, frequent break down of drift eliminator and tripping of the pump is evident. Breakage of drift eliminator contributes to formation of a biomass that promotes survival of bacteria (H. S. E, 2014). When the pump trips, there is likelihood of water stagnation hence creating a favourite environment for replication of bacteria. Moreover, the presence of green algae in the water system is a risk to replication of the Legionnaire bacteria. Algae are a source of nutrients for the bacteria. The reservoir has 10 million litres of water and only 48,000 litres circulate in a day, which means more water is left stagnating on the reservoir tank. The situation poses a serious risk for Legionella bacteria replication. The reservoir tank is not regularly cleaned and disinfected according to the information provided hence there is more risk for growth and transmission of Legionella bacteria (Great Britain Department Estates and Facilities Division of Health, 2006). A Letter to HSE on Compliance with Legionella Control Laws  ACME HYDROCARBONS LTD To HEALTH AND SAFETY EXECUTIVE Dear Sir/Madam REF: PLAN OF ACTION TO PREVENT/ CONTROL LEGIONELLA BACTERIA IN OUR WATER SYSTEMS Acme Hydrocarbons Ltd appreciates your visit and timely advice on the risk of the Legionella bacteria in our water systems. The company has drafted a number of measures to prevent or control the concentration of Legionella bacteria in the water systems to safety levels. The following is the plan of measures that the company has embarked on. 1. The company will conduct quarterly assessment of water services for Legionella control, which will include allocation of management responsibilities, competence of employees on Legionella Bacteria control, presence of safe operating procedures and controls, monitoring of regular inspection and observation results and finally the limitations of the existing Legionella Control measures. 2. The company will appoint an authoritative competent manager to oversee implementation of control measures as suitably assessed and ensure the company regularly communicates with HSE as required by law to guarantee safety in our water systems. 3. Cleaning and disinfection of water reservoir will be done annually. The lid will be made tight to prevent dirt and nutrients from entering into water systems. Thermal insulation in the tank and plastic piping systems will be used to avoid thermal gain hence ensuring the temperatures are always below 20o C to prevent bacterial growth. 4. The company will dismantle our water reservoir into small ones to prevent stagnation of water in the large reservoir. The company will consult a qualified authority for advice on the right biocide quantity to clean water. Repair of malfunctioning drift eliminators and pumps will be made a priority since the Legionella education that we plan to teach our employees will make them understand the risks better. 5. The company will set aside an office that will keep accurate records of water analysis results, chemical usage, inspection of water equipment, records of water system components, safe operation, and finally cleaning and disinfection of the water systems. Yours sincerely, Xxxxxxxxxxx Acme Hydrocarbons Ltd References Bartram, J. (Ed.), 2007. Legionellaand the prevention of legionellosis. World Health Organization, Geneva. Great Britain Department Estates and Facilities Divisionof Health, 2006. Water systems: the control of “Legionella”, hygiene, “safe” hot water, cold water and drinking water systems. TSO, London. Great Britain Health and Safety Executive, 2013. Legionnaires’ disease: the control of Legionellabacteria in water systems : approved code of practice and guidance on regulations. Health and Safety Executive, 2009. Health warning after Lancashire workers catch legionnaires’ disease [WWW Document]. Health Saf. Exec. URL http://www.hse.gov.uk/press/2009/coinw01109.htm (accessed 1.24.15). H. S. E, 2014. Legionnaires’ disease: Technical guidance. R& R Water Hygiene Services, 2014. Case Studies [WWW Document]. R R Water Hyg. Serv. URL http://www.randrwaterhygieneservices.co.uk/learn-more/legionella-case-studies/ (accessed 1.24.15). U. K Government, 2011. Statutory instruments. SEA 2, 217. W. H. O., 2007. The Prevention of Legionellosis. World Health Organ. Read More