Exposure to Legionella Bacteria - Assignment Example

Exposure to Legionella Bacteria Question One – Statutory Responsibility Effective maintenance is crucial for any control regime, and inspectors and enforcement officers have to ensure total compliance of the employers, with the Control of Substances Hazardous to Health Regulations 2002 (as amended in 2004), specifically regarding exposure to substances that produce asthma or cancer[Hea145]. Hence, the organisation is responsible for the control of hazardous substances, in its premises. Moreover, Sections 2, 3 and 4 of the Health and Safety at Work, etc Act 1974 (HSWA) obliges employers and the personnel in control of the premises to promote the general health and safety duties. As the organisation is duty bound to carry out these provisions, it is essential to identify the precise duty holder[Bri08]. Furthermore, Section 2 of the HSWA requires employers to provide a safe working environment and system of work that to the extent reasonably feasible, does not pose a risk to health. Moreover, Section 3 of the HSWA enjoins that the all procedures and practices should ensure the maximum protection of employees. This Act mandates that arrangements have to be in place, which guarantee safety and the absence of health risks, with regard to the handling, storage, and transport of articles and substances. In this manner, all work activities and objects employed at work are encompassed by this Act[Sin99]. The following case law indicate the predisposition of the courts in deciding cases under the HSWA. Marks and Spencers were fined £1 million for infringement of Sections 2 and 3 of the HSWA. This company was deemed to have endangered its employees, customers, and construction workers by exposing them to material containing asbestos. This was on the basis of the Court of Appeal ruling in R v Board of Trustees of the Science Museum. In this case, there had been exposure to risk from the legionella bacteria resident in a cooling tower that had fallen into disuse. In R v Chargot, their Lordships held that the HSWA was seized with situations involving material risk to health and safety, which any reasonable person would adopt measures to protect himself against[App12]. Improperly maintained wet cooling systems pose a grave risk to health. This was the reason behind the promulgation of the Notification of Cooling Towers and Evaporative Condensers Regulations 1992 (NCTEC). Under these Regulations, any individual with control over non-domestic premises has to ensure the absence of any notifiable device on the premises. The exception permitted is when the presence of such device has been notified in writing, to the relevant local authority. Examples of notifiable devices are; cooling towers or evaporative condensers. However, the following do not fall under this classification; a cooling tower or evaporative condenser that does not contain water that is exposed to the air, its water supply is not connected, and its electrical supply is not connected[Don14]. Such notification permits the identification of potential sources of risk, especially during the outbreak of bacterial infection. Question Two – Critical Analysis of Data The legionellosis disease outbreak results from the Legionella pneumophila (LP), and it is commonly associated with cooling towers, evaporative condensers, mist machines, humidifiers, and whirlpool showers. This ailment is transmitted through the air and it results from the inhalation of contaminated water in the form of aerosol sprays, with droplets that are smaller than 5 micrometres or 5µm. The LP bacteria flourish in stagnating water, such as poor flow areas, tanks, and reservoirs. These bacteria thrive in the temperature range of 680F to 1130F. Below 680F they become dormant, whereas, above 1400F they perish. In addition, their nutrition is derived from algæ, rust, scale, and sludge[Doe12]. . Legionella contamination increases beyond the acceptable levels, in the absence of regular maintenance or water treatment for evaporative condenser or cooling tower systems. It would be the height of folly to be complacent regarding systems that enjoy an established and continuing treatment programme. Several of these systems have proved to be the source of outbreaks. Frequently, implicated devices have proved to be the primary cause for disease transmission, despite appearing to be spotlessly clean[She00]. The sole safeguard against this dread disease is specific testing for the Legionella bacteria. Cooling towers and evaporative condensers, utilised in cooling water treatment, present several health hazards, including the spread of LP bacteria. This bacteria spreads in the presence of scale deposits or algæ growth in water; stagnation occasioned by a deficiency of outlets; insufficient temperature in potable hot water heaters and distribution systems; inappropriate water treatment; and stratification of water in water heaters[Doe12]. . In the absence of a specific law pertaining to Legionnaires ’ disease, the Management of Health and Safety at Work Regulations 1999 and the Control of Substances Hazardous to Health 1999 have been invoked. In addition, the Health and Safety Commission (HSC) introduced the Approved Code of Practice (ACoP), out of frustration with the companies that had consistently neglected to manage their water systems in the prescribed manner. Moreover, the HSC imposed stringent penalties upon companies, in order to control the LP proliferation in their systems. Some of these include, fines running into the tens of thousands of pounds and criminal charges, such as manslaughter [Pur01]. Such penalties have been extended to the failure to provide clients with adequate instructions to prevent the proliferation of this bacteria. Data Analysis The capacity of the reservoir was 10 million litres, and the AV circulation rate was 48000 litres per day. The water plant chemical treatment log provided data for the period 13/1/11 to 26/5/11. The recommended water treatment dose was 10 parts per million (ppm) per week of water softener, and 4 ppm per fortnight of biocide. For the 18 weeks, under consideration, 1800 ppm of water softener should have been added. In reality, just 1575 ppm of water softener had been added. Moreover, 360 ppm of biocide should have been added for the period under consideration. However, the quantity of biocide added was less than this. Consequently, the cooling systems would contain significant amounts of the legionella bacteria. Moreover, the stipulated temperature of the returning waters was to be within the range of 150C to 180C, whereas from 7 April 2011 to 26 May 2011, the temperature was outside this range. The data provided, clearly demonstrate the unsatisfactory maintenance of the cooling systems. Moreover, lab samples were not obtained once a month. This depicted the organisation’s negligent attitude, regarding the health and safety of its employees. On several occasions, the drift eliminator was found to be malfunctioning. On 5 May 2011, biocide was ordered, but not obtained on time, resulting in the visibility of legionella bacteria on 16 May 2011. In addition, the damaged condition of the pump was noticed on 26 May 2011. These facts lead to the conclusion there is every possibility of proliferation of legionella bacteria in the water systems. Question Three – Reply to HSE Inspector’s Letter To: [Date] The HSE Inspector. [Place] Dear Sir, Sub: Replies to the inspection conducted on 28 May 2011, by you. Further to your letter, we sincerely assure that we will adopt the necessary measures to control hazardous bacteria in our water systems. In this connection, we will ensure the proper procurement and maintenance of records. As such, it is essential to procure the maintenance records of all the water systems. These should include temperature checks of domestic water, physical and visual checks of cooling towers, and reports relating to waters tests and chemical treatment of cooling towers We will adopt the above mentioned specific testing methods, in the context of the legionella bacteria. In this regard, it is indispensable to maintain records of treatment procedures and schedules, and no effort should be spared in maintaining the system in the cleanest manner possible. Furthermore, routine treatment will be periodically assessed, in order to determine its effectiveness. As such, a number of water treatment programmes are in existence, which we will adopt for our systems, in order to maintain them optimally. The Legionella bacteria tends to colonise certain varieties of water fitting, pipework and material employed in the construction of water systems. This bacteria has been identified in several recirculating hot and cold water systems. Hence, a holistic approach would be adopted for managing the risks posed by this bacteria. As such, we will comply with the norms of Control of Substances Hazardous to Health Regulations 2002. Furthermore, with regard to notifying the local authority, about eliminating the spread of infectious diseases, we will give a notice, immediately, under the provisions of the Notification of Cooling Towers and Evaporative Condensers Regulations 1992. In view of these firm commitments by us, we humbly request you to desist from initiating any further action against us, for the above mentioned reasons. I have the honour to remain, Yours sincerely, (Ivor Plant) Site Manager, Acme Hydrocarbons Ltd. References Appleby, M., 2012. Sorting the risks from the hazards. The Safety & Health Practitioner, 19(4), pp. 19-20. Bridges, K., 2008. You, me, and everyone we know. The Safety & Health Practitioner, 26(2), pp. 19-20. Control of substances hazardous to health regulations 2002 (as amended in 2004), 2004. London, UK: Her Majesty's Stationery Office. Doelman, J. D. B., 2012. Control Scale and Prevent Legionella. Pollution Engineering, 44(11), pp. 26-28. Doncaster Council, 2014. Cooling Towers and Evaporative Condensers. [online] Available at: [Accessed 22 January 2015]. Health and Safety at Work etc Act (c. 37) , 1974 . London, UK: Her Majesty's Printers Office. Health and Safety Executive, 2014. Control of substances hazardous to health regulations 2002 (as amended in 2004) - General enforcement guidance and advice. [online] Available at: [Accessed 22 January 2015]. Notification of Cooling Towers and Evaporative Condensers Regulations , 1992. London, UK: Her Majesty's Stationery Office. Purnell, C., 2001. Controlling Legionella. The Safety & Health Practitioner, 19(7), pp. 22-24. R v Board of Trustees of the Science Museum (1993) 1 WLR 1171. R v Chargot (2009) 1 WLR 1. Shelton, B. G., Kerbel, W. & Witherell, L., 2000. Review of Legionnaires' disease. AIHAJ, 61(5), pp. 738-742. Sinnott, H., 1999. Prevention of potential health and hygiene hazards incidental to the pets in therapy. Health and Hygiene, 20(1), pp. 14-19. Read More