Safety, Health and Environment - Coursework Example

Safety, Health and Environment Name: Course: Lecturer: Institution: City & State: Date: Table of contents 1. Introduction ……………………………………….……………………..………………..….........3 2. The law and the relevant legislations…………………...……………………..………..…………..5 a. Health and safety act …………………………………...……………..…………………….........5 b. The management of Health and Safety regulations…….…..……………………...….….…….....6 c. COSHH regulations………………………………………..………………………...….…….......7 3. Analysis of document 3…..……………………………………………………………..…………...9 4. Conclusions………………………………………………………………………………………...10 5. A letter to health and safety executive………………………………..…………………………....11 6. Bibliography………………………………………………………………………………………..14 Safety, Health and Environment 1) Explanation of the Statutory Responsibility Placed on Acme Hydrocarbons Ltd and the Contractor Flow Systems Ltd with respect to document 1’ of the HSE Letter (Document 2) Introduction Legionella is a pathogen bacterium, which is a gram-negative bacterium. Its rods are associable with infections called Legionellosis that relate to respiratory system in the human body and is caused by breathing the bacteria called Legionella pneumophilia in droplet nuclei or in tiny droplets of water. About 12% of people died from this problem by inhaling in the bacteria. The bacteria Legionella pneumophilia, dates its adoption at a 1976 discussion on division on Philadelphia. Legionella has 42 known forms, but only 18 are related to the infections of pneumonia in humans. The species groups 1-6 are the leading cause for the outbreaks related to Legionellosis. This include for both the Legionares and the Pontiac fever (Cianciotto, 2006, p. 89). Health and Safety Executive (2000), state that the risk from exposure to Legionella is controllable if the conditions that favour growth of the bacteria are eliminated. For example, by control of the release of water spray, avoiding temperatures that are suitable for Legionella, avoiding stagnation of water, ensuring proper handling of the water, and ensuring that the system is cleaned and adequately maintained. Conditions and Areas of Growth for Legionella According to HSE, Legionella bacteria can grow in water conditions with temperatures between 20- 50. As much as they need these conditions 20- 60, their preferred temperature range seems to be 20- 45 with an optimum temperature of 36. Temperatures below 20 do the bacteria dormant, so it cannot produce. As the temperature increases above 60 Legionella begin to diminish with time. Their living conditions include thermal baths, soils, spray baths in supermarkets, spa tub pools, and any standing water that has a positive temperature for their growth. Sludge, rust, algae, and scale are some the nutrients that further development of Legionella bacteria. More so, presences of other microorganisms in the conditions improve their growth. For example, Flavobacterium provides nutrients for the survival and growth of the Legionella bacteria. In addition, Legionella may appear inside amoebae by encysting the Legionella. Legionella thrives better in waters, which have different nutrient content, pH levels, oxygen contents, and temperatures. Ground water, marine water and marine surface waters are most popular areas where the Legionella bacteria thrive better. Some of the survival means that the Legionella service is the symbiotic relationship with the Algae, which helps to increase the number of nutrients in the environment (Swanson, & Heuner, 2008, p. 96). By infecting the protozoans, the Legionella finds an ideal location for reproduction. The relationship between the Legionella and other organisms is that, they support the Legionella to save even in adverse environment. Other areas that the Legionella exist are in the cooling tower reservoirs, portable water and whirl pools. Effects of Legionella on Humans Humans acquire the disease through inhaling the bacteria to the lower respiratory tract, which eventually assimilates to the pulmonary macrophages. Reproduction of bacteria occurs in the macrophages, which ultimately contribute to the host cell lyses. Legionella causes Pontiac fever called Legionnaires’ disease. This disease demands a proper treatment. Failure to this it causes risk of death, which is about 12%. Safety and health at work act (1974) Regulation 2 of health and safety act regulations, it is the company's obligation to protect employees from any source of danger or outbreak to the environment. Acme hydrocarbons ltd and the contracted company Flow Systems Ltd have failed in their duty to protect employees. In essence, it is a charge for all employers to ensure better sanitation and all the working areas inspected of any hazardous cases around. Although not solely responsible for the working area, Acme hydrocarbons have failed to champion the Flow Systems Ltd on the right on sanitization to help control the outbreak of the legionaries’ disease. Regulation 3 of health and safety act, states that self employed persons and employers must be accountable to the workers and persons in the area, even if they not their employees. The two parties have failed to comply with regulation 3. In Regina vs. The board of trustees of The Science Museum (1993), the court was fronted with a case one company’s liability related control of exposure of public to risks relating to health and safety to the public. Regulation 3(1) of Health and Safety at Work Act 1974 gives enough evidence that the subjects experienced real threat to exposure. HSW Act regulation 4 assents that any person in charge of a premises, should always ensure that employee’s health and safety is prioritized. In this case, both companies have employees. Therefore, each employer is obliged to manage safety and health issues concerning the employees. This is as in Regulation 4 of health and safety work act, states clearly that, for persons in charge of the premises it is their duty to protect the entire operating forces, which include the employees and other persons other than employees. Document 1 forfeits this regulation in that; site manager has taken responsibility for the persons within the premises including the contractors. As the site manager, Mr. Plant should be accountable for issues that matter to employee’s safety and health that are within the premises when on duty. Management of Health and Safety regulations (1999) Safety and health act regulation 5, persons in charge a premises have a job and responsibility to check emissions to the ambient. In this case, the cooling plant near the working areas have less control thereby posing a significant danger to employees and other workers around. Local HSE observer notes that Regulation 6 of the COSHH regulation of 2002 amendments has been violated. Regulation 10 of health and safety act requires the involvement of the HSE and HSC. They have a number of duties that need to in action for proper functioning of Acme’s health and safety matters. These functions are: To support and encourage the managers in charge with aims of HSWA, To coordinate and support on research through training and providing the relevant information, To make arrangements with the governmental departments on representation of employers and employees to get the relevant information, To make regulations proposals Corporation is vital for employers in a common work place. This is as per regulation 11. Therefore, both parties must comply with the regulation 5, since they both have more than 5 employees. Regulation 6 demands that they provide information to employees. Moreover, regulation 11 ties the two. As per regulation 12, the host employer (Acme Hydrocarbons) should provide necessary health and safety information the contractor. Regulation 13, demands the employers’ duty to train the employees regularly about health and safety. HSE through the secretary of the state, the designated members have a right to receive regulations for their working environments. Concerning this, Acme Hydrocarbons does not confer to the HSE on the health and safety matters relating to the working condition. Regulations of COSHH The following regulations are essential to contain hazardous substances, Identifying the hazards in the work place, Performing a risk assessment, Establishing ways to reduce the harm, Availing information, training and instructions to workers and persons exposed to damage, Health surveillance and monitoring for employees, and Planning for any eventual emergencies COSHH regulations offer guidance on handling and control as well as placing liability on the appropriate parties. It defines the location of hazardous substances build up and the dangerous and noxious (Ladou, 2006, p. 102). Regulation 6 requires employers to assess the risks and means of control to the health and safety of their employees related to the working areas. Regulation 7 needs employers to control vulnerability of the employees to harmful risks to health and safety. Regulation 8 requires employers must ensure that the employees have proper protective gear, while regulation 9, demands proper handling and storage of the protective gear. Regulation 10, demands the employers’ regular monitoring of the employee’s exposure to harmful substances. Lastly, in regulation 12, the employer should outsource necessary information regarding dangers in certain working areas. In the above legislations, both parties have the obligation on the employee. Therefore, with the proceedings of the Regina v. Board of Trusts of the Science Museum case in mind, it is imperative to affirm that both have breached all the above provisions of the legislations. 2) A Critical Analysis of the Data Provided in ‘Document 3’ with Reference to Other Relevant Information in Relation to The Current Risk of Exposure to Legionella Bacteria If the water flow is below 48000 litres, there is stagnation therefore\, there is a chance for Legionella to grow. During the month of January, the first week of inspection, the water flow has the ideal temperature requirements prevent Legionella from surviving. Apparently, there was a faulty drift eliminator during the same month of January on 20th. Therefore, there was no controlled flow for the system. Conditions of growth for Legionella 21st of April and 19th of May temperatures are 210C. Above 210C\, the Legionella bacteria become active. This is due to reason that Legionella grow in water between 21 -50. There is a need to have an n ideal way to achieve the desirable temperature, which favour the growth and reproduction of the Legionella bacterium 17th march, the drift eliminator was still faulty; therefore, it needed repair. If the drift eliminator is faulty, it means that, there would be more leakages from the water-cooling tower. This is a clear indication is that there would be spread of the bacteria, leading risk of legionnaires’ (Ernest, & Flick, 1991, p. 18). On 12th may there was no bio arrived at. . On line with this, cleaning the filters is another vital issue that the management neglected. Since, 3rd February to 19th May is a long period without cleaning the filters. As a result, there is an accumulation of algae in the filters. Thus, if cleanliness is poor Legionella will continue to grow. Control and elimination Managerial duties of Acme hydrocarbon ltd, has full responsibility concerning the amendments on proper hygiene for the working areas (Kröger, 2004, p 49). Following document 3, the whole thing fails to meet the regulation requirements on use and planning for the water cooling plant. Swanson and Heuner, (2008, p. 55), if calorifier or any substantial part of hot water system should be out of surface for more than 1 week, the water at 60 should be used in the calorifier and the circulating pumps for 1 hour before usage. The water pumps with hot water circuits need to be used once per week. Lastly, to control growth of Legionella, biocide concentration needs at least 3 hours, before using the water. Observations from document 3 Low Circulation water rate present: the recommended flow rate is 48000 litres per dar. In all cases recorded in document 3, the flow is below the recommended flow rate. As a result, this can lead to water stagnation thereby making a bio-film that favour growth of Legionella. Water temperatures: Temperatures greater than 200 C highly favour Legionella growth (Health and Safety Executive, 2000). In some cases, there are records of higher than 200 C, which favour growth of Legionella. Application of Biocide: application of biocide helps to eliminate the growth of Legionella bacteria in that there is no algae or growth of any microorganisms. In this case, biocide has been used in line with the use other control measures. Damaged Drift Eliminator: water droplets from the drift eliminator could lead to spread of bacteria in the area. In addition, cooling towers create inhalable droplets, which should not be inhaled since they might contain Legionella. From the above observations, there are higher chances of Legionella spreading in the area, which may lead to an outbreak of Legionnares’. Conclusions As the COSHH regulations demand the commitment from the site manager, still the manager has taken less concerns relating to the wellness of the working conditions. The inspector in the case under review was within his powers as indicated in regulation 12, which gives the inspector the power to ask for the assistance of a person responsible. In this case, the Chief engineer was present on behalf of Mr. Plant who was on sick leave at that time. Regulation 6 Of The Control Of Substances Hazardous To Health (COSHH Regulations 2002): Duties of the Acme Hydrocarbons Ltd According to this legislation, the company is not liable for the health surveillance of the workers handling the cooling tank. In regulation eleven, Acme is only responsible for it employees and not employees of contractor companies. Remember that, the contractors have the representation to the employee. However, regulation ten, twelve (one and two), and thirteen, Acme is responsible for offering information and training, monitoring, and handling accidents due to reason that employees of Flow are working in the premises belonging to Acme. In effect, the duty to ensure that the issues raised by HSE inspector are dealt with appropriately, is to the contracting company (Acme). Mr. Plant was within his rights to forward the matter to Mr. Patrick who represents the main company (Worldwide Chemicals). As a worker assigned to handle this case in cooperation with Mr. Plant, my duty is to establish corrective monitoring measures, training and effectively conveying information (as was witnessed in the case at hand, Mr. Plat did not receive copies of the HSE publications) to avoid imminent liabilities that may result due to breach of duty. 3) The Drafted Reply to the HSE Inspector’s Letter (Including an Outline Plan of Actions the Company Intends to Take) Convincing the Inspector that no Further Enforcement is Necessary Dear HSE Inspector, Re: Redress to the Identified Issues 29th June 2011 Referring to item one (1) contained in a letter dated to Mr. Plant of Flow Ltd following an inspection of Acme Hydrocarbons Ltd on 28th May 2011. Acme has acknowledged the seriousness of your concerns and we have already started making urgent actions with regard to them. It is our dearest endeavour to rectify any mistakes and concerns raised during the inspection before the 30th, June 2011 as prescribed by the letter. We are also doubling our efforts to avoid such embarrassing situations. Complying with your recommendations, we appointed a team of professionals and gave them the task to determine the necessary measures to resolve the issue. These recommendations were to be applied to resolve the raise issue that meets of the regulations as follows: To reduce ignorance amongst the employees on matters relating to health and safety, they have started health and safety traning. This will commence in three weeks time. To maintain the temperatures of the cooling plant at the required temparatures, which was to be determined on an hourly basis, The plan to repair drift eliminator, which has commenced\, and its schedule would take at most two weeks, In two weeks, the company will receive automated measuring devices; this is in effect to reduce the human error when using chemicals, Installation of instantaneous heating systems, they have started UV sterilization, and ozonation of these areas, and Employers were to give a full report on the progress of the changes made and as the way to achieve certified health and safety measures in the work place. Further Acme hydrocarbons are trying to get more fresh and innovative ways that may help in treatment and detection of Legionella in the water systems. To put this in action Acme hydrocarbons, we are trying to practice proper control for the elimination of the growth conditions of the Legionella bacterium. The following are the issues raised Subjecting the pumps that have not been into use for more than 1 week to temperatures above 60, this is in effect to denature the Legionella bacteria to kill them. Thorough checking on the temperatures and the application of biocide within the system. This is to assure intolerance to the growth of Legionella bacteria. With these activities put in place, it is assuring that there is no need to punish the management. If any case may arise that pertains health and safety we are ready to tackle it and clean up anything that is not as per health and safety regulations. Bibliography Cianciotto, N. P. (2006). Legionella: state of the art 30 years after its recognition, New York: John Wiley & Sons. Ernest, W. & Flick, M., (1991). An Industrial Guide: Water Treatment Chemicals, New York: William Andrew Hawkins, L. (2003). Tolley's Guide to Managing Employee Health, Unite Kingdom: Taylor & Francis. Health and Safety Work Act 1974, s.2-15 Health and Safety Executive (2003). Easy steps to control chemicals. To deal with Substances And Health Regulations: C.O.S.H.H essentials, London: HSE books Swanson, M. & Heuner, K. (2008). Molecular Microbiology: Legionella, Norfolk: Caister Academic Press. Kröger, D. G., (2004). Air-cooled heat exchangers and cooling towers: thermal-flow Performance evaluation and design, South Sheridan: Penn Well. Ladou, J., (2006). Current Occupational & Environmental Medicine (4th Ed.). New York: McGraw-Hill. Roughton, J., (2002). Developing an Effective Safety Culture: A Leadership Approach (1st Ed.). United Kingdom: Butterworth-Heinemann Stranks, J. (2005). Health and Safety Law (5th ed.), London: Prentice Hall. p. p.164 Hammer, B. & Swanson, M. (2000). A fateful journey from amoebae to macrophages: Legionella pneumophila pathogenesis, London: Prentice Hall. Read More