£900k fine after failing to protect health
A recent high-profile case involving a £900,000 fine for exposure to Legionella highlights crucial considerations for HR managers tasked with maintaining a safe environment, especially in sectors managing residential guests or communal properties.
Legionella bacteria can be deadly (causing Legionnaire’s disease) and a Health & Safety Executive (HSE) investigation found Sanctuary Housing had poorly managed the risk of legionella in the water system of Vincent Naughton Court, a residential property. with staff inadequately trained and supervised.
The Health and Safety at Work Act 1974 places a duty on employers to protect workers or people using their premises. Failure to ensure rigorous health and safety protocols can expose people to risks and lead to substantial legal repercussions. The HSE has detailed free guidance for managers about how to manage the risk from Legionella.
The housing association pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974. The company was fined £900,000 and ordered to pay £11,480.60 in costs at Liverpool Crown Court on 22 October 2024.
HSE inspector Rose Leese-Weller said: “Sanctuary Housing failed to protect vulnerable residents living at Vincent Naughton Court through its mismanagement of the site’s water system. It is very fortunate that none of the residents became ill as they were allowed, without any proper warnings, to continue to use the grossly contaminated water for a large period of time. Not only was there a failure by Sanctuary Housing to manage the risk of contamination in its water systems, but the company had not provided its staff with adequate instruction and training.”
What HR Managers need to know
1. Recognise the risks
Legionnaires’ disease is a severe respiratory illness caused by Legionella bacteria found in water systems. Contaminated water sources pose a significant health risk, particularly to vulnerable individuals. HR managers must assess whether their facilities are potentially at risk, especially those with complex plumbing or water storage systems.
2. Prioritise regular testing
Regular water testing and system maintenance are essential to prevent Legionella growth. HR teams should work closely with Health & Safety and maintenance staff to schedule and document routine checks. In sectors where the risk is higher, increased testing frequency may be warranted.
3. Staff training and accountability
Ensure that relevant staff receive proper training on Legionella control, including water temperature checks, monitoring and emergency response protocols. HR managers should also create clear channels of communication so that staff can report concerns swiftly.
4. Document compliance efforts
Accurate record-keeping of all preventive actions is crucial in case of an audit or inspection. Documentation protects both the organisation and its’ employees by demonstrating compliance with health and safety standards.
Summary for HR Managers
This case serves as a reminder of the potential human and financial costs when health and safety standards are overlooked.
Proactive HR management can play a critical role in ensuring that these risks are controlled, protecting both the organisation and those who depend on its facilities.
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