Care Homes Legionella Risk, Assessment and Legal compliance

Being seen to be caring isn't enough.
It's the hidden risks that need to be taken care of as well!

Dundee resort fined £120,000 after death of holidaymaker
SOURCE: BBC NEWS Saturday 26th March 2011
A holiday resort near Dundee has been fined £120,000 for a breach of Health and Safety legislation which led to the death of a former guest from Legionnaires' disease. ................................................An investigation by Angus Council established that the same strain of legionella bacteria that had caused Mr Warnes' death was present in the hot tub and two of the shower heads at the lodge where he had stayed at the resort.

Legionella is an ubiquitous, naturally-occurring bacterium. It is present in most water supplies in low numbers. Colonies of Legionella can breed in various types of the water storage and the domestic hot water systems of residential care homes and hospitals, The bacterium can also proliferate in fountains, hot tubs, humidification systems and refrigeration systems. The symptoms of Legionellosis are primarily respiratory in nature.

The most common presentation of the disease is acute pneumonia.

Beware the ramifications of not complying with the current law and the possibilities of prosecution and litigation arising!

There are no qualitative symptomatic differences between Legionellosis and pneumonia – which can make diagnosis difficult. Legionellosis can only be confirmed using time-consuming laboratory methods such as lung tissue cultures or the demonstration of certain bacterial antigens in body fluids. The primary clinical "clue" to whether Legionella is the culprit for a given infection has historically been a cluster of two or more infected patients.

As the awareness of Legionellosis increases with its symptomatic similarity to pneumonia, the likelihood of investigation into the cause of death will increase and where appropriate legal proceedings will follow.

LEGIONELLA AND THE LAW

L8 is the current Approved Code of Practice and Guidance for the Control of Legionella bacteria in water systems. This effectively gives guidance on how water systems in public buildings, including residential properties, should be managed to ensure that there is no possibility of proliferation of Legionella or other harmful bacteria which could pose a risk to human health.
The Approved Code of Practice (ACOP) and Guidance on the control of Legionella Bacteria in water systems states that all property owners or managers have a legal responsibility under the Health and Safety at Work Act to protect their employees and those entering their premises from Risk.
Control of substances hazardous to health (COSHH) regulations indicates that water which could potentially contain the Legionella bacterium is a substance hazardous to health and therefore requires a risk Assessment.
This applies to all public buildings and managed residential properties such as Care Homes and the law requires that every organisation has a Legionellosis Control policy and each organisation should
appoint a statutory duty holder to ensure that this policy is implemented. The statutory duty holder then needs to appoint a “Responsible Person" who must ensure that water systems are safe.

Are you the Responsible Person? If not, who is?

While overall responsibility for the control of Legionella in a public building rests with the Board, it is the Responsible Person who must ensure that a Risk Assessment is carried out and all the recommendations implemented. The responsible person needs therefore to have the authority and the budget to make sure that all Risk Assessment requirements are carried
out.
The Responsible Person should therefore ensure that they understand the Risk Assessment and the reasons for recommending the remedial measures.
The Responsible Person is responsible that the maintenance and testing regime recommended in the risk Assessment is rigorously applied. Above all the RP must ensure that every analysis, piece of engineering work, and disinfection is recorded in the Log Book.
Please also be aware that If a property were to be implicated in an outbreak the proprietor would almost certainly be charged with corporate manslaughter, fines and probably face a
custodial sentence.
The H&SE believe legionnaire’s disease is preventable and will therefore prosecute if there is an outbreak and will put a prohibition notice on any property they visit where they ask for a risk assessment and one cannot be provided.

For full advice on Risk Assessment and the disinfection of your Care Home water system read "SafeSol and Legionella Control in Care Homes", available as a downloadable Acrobat pdf file
Click here or request a copy by replying to this email.

SafeSol Limited carries out Risk Assessments, Disinfections and runs certificated Legionella awareness courses
and can give advice on all other aspects of L8 compliance.

Limited

SafeSol Limited Registered address:7 Royal Terrace, 51 Mount Stuart Road, Rothesay, Isle of Bute PA20 9EB
Registered in Scotland,SC222691
Tel: 01700 500 623 E: info@safesol.co.uk www.safesol.co.uk