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Existing and proposed legislation and guidance under the Health and Safety Offences Act and the new Corporate Manslaughter Act are further challenges facing Property and Facilities Managers towards the continued compliance of their estates.
The Penalties:
Cider maker HP Bulmer and its water treatment contractor were each fined £300,000 last year for Health and Safety breaches which led to a fatal outbreak of Legionella Disease. The incident resulted in two deaths and saw 20 others fall ill in 2003.
This followed the publication last spring of the Health and Safety Executive's report into the UK's largest Legionella outbreak in Barrow in Furness. This event saw 7 people die and a further 175 people infected which resulted in a senior Council member being convicted on Health and Safety offences. The Council were also fined significant sums for their inadequate Legionella systems.
The Requirements:
UK Health and Safety law states that, with regard to your premises, you must take and document necessary precautions to ensure neither staff nor members of the public are at risk from infection by Legionella.
Your Responsibility:
Changes in the law will make it easier for successful prosecutions against organisations failing to adhere to current guidance.
In fact, the Home Office predicts that prosecutions will increase by 10% following the passing of the new Corporate Manslaughter and Corporate Homicide Act.
Previous law relied upon substantial evidence before a prosecution could be placed at individual's doors, but now, with the introduction of unlimited fines there will be a great number of specific people held accountable should they fail to meet the required standards.
Access the latest Health & Safety Executive Best Practice Guides for Control of Legionella here.
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