PT Cell

Ernest Jones, who is a director at First Metal Finishers Ltd., was found guilty of avoiding his duties to ensure that adequate health and safety measures were taken. He had been informed that the legionella bacteria had been detected in high levels in two of his company’s cooling towers but failed to act to control it.

In September 2008, inspectors from the Health and Safety Executive (HSE) had visited the Coseley-based company to carry out routine inspections. They examined two cooling towers that were fully functional at that time. It was observed that both the towers had not been fitted with any management system for the control of legionella. What was alarming was that the towers had been operating for the last eight months in the same condition without anyone monitoring them or checking them for the dangerous bacteria.

The inspectors issued a prohibition notice immediately and the two towers were stopped. First Metal Finishers Ltd. was ordered to have a management system installed for checking the spread of legionella in the two towers after which they could be used.

This was not the first time that the company had been informed about the seriousness of the issue. In the past, they had received a warning from a water treatment contractor about the potential hazard. They also had in their possession quotations from two water treatment companies; however, they failed to act on them, reported Sarah Palfreyman, an HSE inspector. She reported that the risk was a predictable one and could have been avoided had the company acted on the information that it had received. It chose to look the other way in spite of knowing that that there had been a number of outbreaks in recent times and could be held accountable for its actions.

Responding to the allegations made against them, the Black Country firm pleaded guilty to the charges. Mr. Jones pleaded guilty of violating Section 37(1), subsection 3(1) of the Health and Safety at Work etc. Act of 1974. Dudley Magistrates ordered the company’s Managing Director to pay a fine of £2,000 and an additional £1,000 as legal costs for failing to perform his duties.

Health and safety law places duties on organisations and employers with the responsibility for health and safety. The IOSH Working Safely course from Workplace Law Training are designed to give managers and supervisors all they need to know to help their organisation find the best ways to lead and promote health and safety, and therefore meet its legal obligations.