SESSION TWO LEGAL REQUIREMENTS

Health and Safety at Work etc. Act 1974 3(1) It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is REASONABLY PRACTICABLE, that persons not in his employment who may be affected thereby are not exposed to RISKS to their health and safety.

EXAMPLE OF WHAT IS REASONABLE PRACTICABILITY You have a very old building, there is no way to find out where the pipe runs are and they are in poor condition. You therefore cannot produce a schematic diagram and indeed would have to rebuild if you wished to replace the pipe-work.

Health and Safety (Offences) Act 2008 Became law in April 2009 All H&S offences in Magistrates courts can receive a maximum fine of £20,000 Previously breach of Regulations such as COSHH could be fined a max of £5,000 in magistrates courts Individuals when prosecuted for H&S offences - the courts can now sentence to imprisonment.

Continued For breaches of Sections 7, 2 and 3 of the Health and Safety at Work Act 1974 imprisonment is now an option for individuals (not corporate bodies) For individuals to breach S2 or S3 then this is enabled by Sections 37 (and 36) Maximum term in magistrates court is 1 year and 2 years in crown court

Prosecution of individuals – HSE prosecution manual When there has been a death Reckless disregard of H&S legislation Repeated breaches giving rise to significant risk Persistent and significant poor compliance Supplying false information giving rise to significant risk

Health and Safety at Work etc Act 1974 Section 7(a) General duties of employees at work It shall be the duty of every employee to take reasonable care for the health and safety of himself and other persons who may be affected by his acts or omissions at work

COSHH RISK ASSESSMENT Prevention or control Use of control measures Maintenance, examination and testing Information, instruction and training

Regulation 6(1)-assessment It must be SUITABLE AND SUFFICIENT and include the steps needed to meet the requirements of the REST OF THE REGULATIONS. 6(1)(b) MUST “IMPLEMENT THE STEPS” identified in the assessment, implicit before but now stated.

THE BASIC LEGAL DUTIES OF THE ACoP Paragraph 54 states: The risk from exposure will be controlled by measures which do NOT allow the proliferation of legionella bacteria in the system and reduce exposure to water droplets and aerosol. Precautions should include where appropriate the following: b) avoidance of water temperatures and conditions that favour the proliferation of legionella bacteria and other micro organisms

The Sentencing Guidelines Council - Corporate Manslaughter and Health and Safety offences sentencing guidance issued in Feb 2010 Fine for first offence pleading not guilty and then convicted – 5% of annual turnover Guidelines ALSO apply to Health and Safety offences where the “offence was a significant cause of death” not simply death occurred

After the inspection - enforcement Verbal advice Letter Improvement Notice Prohibition Notice Prosecution Mostly the first 2 IN – is contravening one or more SP or has contravened and is likely that contravention will continue or be repeated PN – work activity involves a risk of serious personal injury – not necessary for an inspector to believe that an LP has been contravened – immediate threat to life and in anticipation of danger – can be deferred to make a process safe

Penalties for breaching H&S law from April 2009 Offence Summary Indictment Breach of S2-6 HSWA £20,000 or one year inside Unlimited fine or two years inside Breach of S7-9 HSWA Contravention of notice £20,000 and/or six months imprisonment Unlimited fine and/or two years imprisonment Breach of Regulations £20,000 Unlimited fine

HOT WATER FROM SOLAR PANELS

PROBLEMS Warm water from solar storage mixed directly into main calorifier – unusual usually indirect Huge challenge of calorifier with about 10 million legionella per litre from the calorifier and expansion vessel So huge that legionella escaped into hot outlets Only solution to isolate solar system and problem solved Remember servicing issues when cleaning etc