Risk of contracting Legionnaires: Company Fined

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A company has been fined after vulnerable residents were put at risk of contracting Legionnaires’ disease at a sheltered housing accommodation in Birkenhead.

The deadly bacteria was detected at Vincent Naughton Court after samples of its water systems in the communal areas and flats were taken in July and August 2018.

Risk of contracting Legionnaires

With all 44 samples testing positive for legionella, the residents were then evacuated from the Sanctuary Housing premises in August 2018, before returning in October and November 2018 after the water system was remedied through the installation of a chlorination unit.

A Health and Safety Executive (HSE) investigation found Sanctuary Housing poorly managed the risk of legionella in the water system of Vincent Naughton Court, with staff inadequately trained and supervised.

The residents were a particularly vulnerable group due to their age and underlying health issues, putting them at a higher risk of contracting Legionnaires’ disease.

The HSE investigation found that legionella was detected during testing on 16 and 31 July, which prompted a letter being written by Sanctuary Housing to residents, advising that work would be carried out on the water system on 6 August.

The letter, dated 3 August, misleadingly stated that the contaminated tap water could be stored in sinks and boiled in kettles. More importantly, the letter failed to inform residents that they should avoid using their showers, which would lead to residents being exposed to the risk of Legionnaires’ disease.

Further testing on 8 and 15 August confirmed legionella was still present as work to fix the water system was carried out. The residents were later evacuated on 24 August.

Sanctuary Housing Association, of Castle Street, Worcester 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.”

This HSE prosecution was brought by HSE enforcement lawyer Kate Harney and supported by HSE paralegal officer Lucy Gallagher.

What is Legionnaires’ disease?

Legionnaires’ disease is a lung infection you can get from inhaling droplets of water containing the bacteria that causes the infection.

It is usually found in places like hotels, offices or hospitals where the bacteria have got into the water supply. Legionnaires’ disease is a potentially fatal form of pneumonia and everyone is susceptible to infection.

The risk increases with age but some people are at higher risk, for example, people over the age of 45, heavy smokers and drinkers, and those with an impaired immune system.

What causes Legionnaires’ disease?

Legionella bacteria are widespread in natural water systems, eg. rivers and ponds. However, the conditions are rarely right for people to catch the disease from these sources.

Outbreaks of the illness occur from exposure to legionella growing in purpose-built systems where water is maintained at a temperature high enough to encourage growth, eg. cooling towers, evaporative condensers, hot and cold water systems and spa pools used in all sorts of premises (work and domestic).

How do people get Legionnaires’ disease?

People contract Legionnaires’ disease by inhaling small droplets of water (aerosols), suspended in the air, containing the bacteria. Certain conditions increase the risk from legionella if:

The water temperature in all or some parts of the system may be between 20-45 °C, which is suitable for growth
It is possible for breathable water droplets to be created and dispersed eg aerosol created by a cooling tower, or water outlets
Water is stored and/or re-circulated
There are deposits that can support bacterial growth providing a source of nutrients for the organism eg rust, sludge, scale, organic matter and biofilms

What are the symptoms of Legionnaires’ disease?

There are a number of symptoms you should look out for, including the following:

Headache
Body ache
Chills
Fever
Cough
Shortness of breath
Chest pain
Gastrointestinal symptoms, such as nausea, vomiting and diarrhea
Cellulitis
Skin abscess

How to treat Legionnaires’ disease?

You may need to go into hospital if you’re diagnosed with Legionnaires’ disease.

Treatment in hospital may include:

Antibiotics given directly into a vein
Oxygen through a face mask or tubes in your nose
A machine to help you breathe

When you start to get better you might be able to take antibiotic tablets at home. Antibiotic treatment usually lasts 1 to 3 weeks. Most people make a full recovery, but it might take a few weeks to feel back to normal.

How to prevent Legionnaires disease?

Housing and accommodation providers should take action, such as regular assessments of water systems to prevent Legionnaires disease. The Health and Safety Executive has broken down some steps to take to ensure water systems are maintained properly.

Temperature control

The primary method used to control the risk from Legionella is water temperature control.
Water services should be operated at temperatures that prevent Legionella growth:

Hot water storage cylinders (calorifiers) should store water at 60°C or higher
Hot water should be distributed at 50°C or higher (thermostatic mixer valves need to be fitted as close as possible to outlets, where a scald risk is identified).
Cold water should be stored and distributed below 20°C.

A competent person should routinely check, inspect and clean the system, in accordance with the risk assessment.

You must identify ‘sentinel’ outlets (furthest and closest to each tank or cylinder) for monthly checking of the distribution temperatures. You should also check the hot water storage cylinder temperatures every month and cold-water tank temperatures at least every six months.

Stagnant water

Stagnant water favours Legionella growth. To reduce the risk, you should remove dead legs/dead ends in pipe-work, flush out infrequently used outlets (including showerheads and taps) at least weekly and clean and de-scale shower heads and hoses at least quarterly.

Cold-water storage tanks should be cleaned periodically and water should be drained from hot water cylinders to check for debris or signs of corrosion.

Design systems to minimise Legionella growth, by:

Keeping pipe work as short and direct as possible;
Adequately insulating pipes and tanks;
Using materials that do not encourage the growth of Legionella;
Preventing contamination, e.g. by fitting tanks with lids and insect screens.

Regular water samples

Water samples should be analysed for Legionella periodically to demonstrate that bacteria counts are acceptable. The frequency should be determined by level of risk, in accordance with the risk assessment.

Legionnaires’ disease – Making a claim

If you have suffered harm after contacting Legionnaires disease through no fault of your own, you may be entitled to claim compensation.

For example, if you were infected due to a poorly maintained housing provider, office, hotel or swimming pool or spa, you may be entitled to claim.

Time limit for making a claim

Claims of this type need to be made within three years of contracting the infection, or three years from when you were made aware that the disease was caused by a Legionella outbreak.

What needs to be proven?

You are entitled to make an injury claim for Legionnaires’ disease, if:

you were injured in the last 3 years, and;
someone else was responsible, and;
they owed you a duty of care.

How much compensation can I claim for Legionnaires’ disease?

The amount of compensation you can claim for Legionnaires’ disease is determined by:

The degree of your illness
The extent to which your illness impairs your daily life and work
Any financial losses or costs you have incurred due to your illness

Company fined after residents put at risk of contracting Legionnaires’ disease