£900,000 fine for Legionella mismanagement highlights landlords’ responsibilities
The Health and Safety Executive’s recent prosecution of Sanctuary Housing following an outbreak of legionella at a sheltered housing accommodation has put legionella risk management back in the spotlight. Mark Elwell, managing director at Summit Environmental, leading experts in asbestos, fire and legionella risk management, explains what it means for landlords and property investors across the UK.
The situation at Vincent Naughton Court in Birkenhead was a glaring example of mismanagement. Sanctuary Housing, one of the UK’s largest providers of housing, care and commercial services, faced serious shortcomings in its legionella risk management practices. Staff were inadequately trained, leading to a failure to respond promptly when legionella was detected in water tests not once, but twice, in July 2018. Instead of taking immediate action to safeguard residents, the company delayed necessary measures, allowing a dangerous situation to escalate.
Compounding these issues was a misleading communication sent to residents. A letter issued in August suggested that contaminated tap water could be safely stored and boiled, neglecting to warn residents about the dangers of using their showers. This oversight placed vulnerable individuals at risk.
Ultimately, all 44 water samples taken from the facility tested positive for legionella, resulting in the evacuation of residents in August 2018.
Sanctuary Housing 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.
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.”
Understanding Legionnaires’ disease
This incident highlights the responsibilities of landlords, property investors and property managers to manage the risks of legionella effectively.
With all the recent focus on fire safety, following the Grenfell tragedy and the resulting Building Safety Act 2022, other aspects of building safety management have fallen out of the headlines. But Legionnaires’ disease can be fatal, and it needs proper risk management to ensure the safety of residents and people using our buildings.
Legionella bacteria is typically found in large water systems, such as those within hotels, offices, schools, residential homes and hospitals. Inhaling water droplets containing legionella can lead to a potentially fatal form of pneumonia that poses risks to everyone.
A landlord’s legal obligations
The legal framework established by the Health and Safety at Work Act 1974 and the Control of Substances Hazardous to Health Regulations 2002 mandates that landlords assess and manage legionella risks within their properties. This begins with conducting thorough risk assessments carried out by qualified professionals who can identify potential sources of legionella bacteria.
Once risks are identified, landlords must implement effective control measures. This includes:
- Regular cleaning and disinfection of water systems
- Maintaining appropriate water temperatures
- Ensuring that all systems are well-maintained
Ongoing management is essential; routine checks and inspections should be conducted according to the initial risk assessment. Additionally, meticulous record-keeping is vital as it documents all assessments and maintenance activities undertaken.
Proactive measures
While the Sanctuary Housing case may seem formidable, proactive steps can be taken to prevent similar situations.
- First and foremost, it is crucial for landlords, or their appointed representatives, to have adequate knowledge and training to manage legionella risks effectively
- Conducting regular risk assessments and documenting all findings will demonstrate compliance with legal obligations
- Establishing a robust legionella management plan that includes regular monitoring and maintenance will further protect against legal repercussions
- Ensuring all staff are properly trained in legionella risk management; part of the case against Sanctuary Housing was a failure to instruct staff adequately
- Clear communication with tenants regarding any potential risks is essential for fostering a safe living environment.
- Should issues arise, addressing them promptly can mitigate potential harm and enhance tenant trust
Ultimately, as a landlord, it’s vital you stay informed about the latest guidance and regulations surrounding legionella control. By prioritising safety and compliance, you can not only protect your tenants but also safeguard your investments against costly legal challenges.
