August 2024
There are currently two potential reasons for proactive regulator interventions in evaporative cooling systems and some confusion in the industry regarding the details. LCA members should be prepared to support their clients during these intervention programmes as required.
Who Regulates Where? (https://www.hse.gov.uk/foi/internalops/og/og-00073-appendix1.htm)
Generally, in schools, factories and government buildings the HSE are the regulator and are responsible for inspections and interventions. In shops, offices and warehouses the local authority environmental health department (LA EHO) are the regulator.
Working Together
HSE and LA EHOs work together and there is support and sharing of ideas between the organisations. Section 18(4) of the Health and Safety at Work Act etc. 1974 places a duty on Local Authorities to make ‘adequate arrangements for the enforcement’ of health and safety and the Code sets out what is meant by ‘adequate arrangements for enforcement’.
HSE develop and issue Local Authority Circulars (LAC) to provide details of national priorities identified by HSE. These are used to compliment (and support) any priorities identified from local intelligence by LA EHOs.
Using the guidance and tools for priority planning and targeting of interventions ensures a proportionate and consistent risk-based approach, which meets the requirements of the National Local Enforcement Authority Code (hse.gov.uk) (the Code). The Code provides flexibility for LAs to address local priorities alongside the national priorities set by HSE.
LAC 67/2 (Revision 13) 2024/2025 (https://www.hse.gov.uk/lau/assets/docs/67-2-priorities-targeting-interventions.pdf)
The current LAC has two areas of legionella focus. Spa pools and hot tubs (in the holiday sector and on display) and cooling towers located in built up areas.
The spa pool and hot tub focus is due to a number of cases of legionnaires’ disease in the holiday rental sector and historic cases and prosecutions related to spa pools and hot tubs on display.
The cooling tower focus is due to a recent significant outbreak (around 20 cases) associated with a cooling tower on the roof of a 5 star hotel.
It is a local decision on how resources are deployed to address these areas of focus. There may be some proactive inspection work, raising of awareness or other work by LA EHOs to satisfy themselves that risks are being adequately managed.
HSE Work Programme 2024/2025
Each year the HSE decides its priorities and allocates resources. In the current year’s allocation, there is a proactive intervention for evaporative cooling systems in the plastics sector. This started in July and will run for several months and include sites that are likely to be treated and cleaned by LCA Member companies.
The reason for the selection of the plastics sector for this targeted intervention is because over the last decade there have been a significant number of outbreaks and prosecutions associated with cooling for plastic moulding or extrusion. For example, Wyke Plastics, Faltec Europe, Isher Hangers and Riaar Plastics. The intelligence indicates that the risk is not being managed as well as it should be, and a targeted intervention would make a significant improvement.
Summary
There are therefore several areas of focus for legionella regulation at present from HSE and from LA EHOs. LCA Members should be aware of these potential proactive inspections and should ensure their customers are aware that they must take appropriate steps to manage the risk.