A highly controversial legionnaires’ disease trial is finally over, but what can we learn from the outcome? Bob Towse, Head of Technical and Safety at the HVCA, explains
SO, finally we have an outcome from the highest profile legionnaires’ disease case in many years. Barrow Borough Council architect Gillian Beckingham was cleared of the seven manslaughter charges she faced following the 2002 outbreak at the Forum 28 leisure centre in Barrow, but found guilty of one breach of the Health & Safety At Work Act.

No doubt this came as a huge relief to her after three-and-a-half years of legal proceedings and two full trials. I’m sure she will take her fine and reprimand gladly – her employers at the Council had already pleaded guilty to health and safety breaches – in place of the likely jail term she would have received for manslaughter.

However, seven people are still dead and more than 200 were affected by this outbreak, which was one of the worst ever recorded in the UK. During the trial we heard that Mrs Beckingham was “unfamiliar” with the terminology used to describe the condition of the air conditioning unit at the centre of the outbreak. She was accused of failing to make sure proper maintenance was carried out on the unit.

She told the court that her job was mainly concerned with the design of local housing projects, and that she had received no health and safety training. The prosecution alleged she had cancelled a contract covering the maintenance and safety checks of the air conditioning at the centre.

However you view this long and controversial case there is a central issue that all facilities managers and building owners would do well to consider. Leaving responsibility for building services plant in the hands of someone without the right training is reckless and will almost certainly lead to technical if not safety problems.

This might seem obvious to most of us in the industry but it is clearly not happening in a lot of buildings and we can be sure that the Beckingham case will not be the last prosecution brought against a building manager who fails to take their responsibility seriously.

As well as the Health & Safety at Work Act (1974); the Occupiers’ Liability Act and the COSHH regulations can all be brought to bear by prosecutors if the building owner gets this wrong.

The ACoP L8 document is not mandatory, but if you manage a building you would be well advised to follow its guidance. The HVCA’s SFG20 specification and BSRIA’s AG21/2000 and 19/2000 guidance documents also contain what you need to know about running a preventative maintenance programme for water-based cooling systems.

Using properly accredited external contractors is often the wisest move, but the building management team remains ultimately responsible and prosecutors will follow the trail right to the top. This may become even more pertinent with the Corporate Manslaughter and Homicide Bill likely to become law in the near future.

We must never tire of pointing out that cutting corners on maintenance to make short-term savings will certainly be far more costly in the long-term and could very well be fatal.

For more information contact Bob Towse on 020 7313 4928 (btowse@hvca.org.uk).