Hospital fined £50,000 for failing to control Legionella


Brighton and Sussex University Hospitals NHS Foundation Trust has been fined £50,000 for failing to control the growth of the deadly Legionella bug in its water systems.


The trust, which runs the Royal Sussex County Hospital in Brighton, was sentenced on 11 June after a joint investigation by the Health and Safety Executive (HSE) and Sussex Police identified a histroy of failing to manage the deadly waterborne bug.

It follows the death of vulnerable cancer patient at the Royal Sussex in November 2011.

The court heard that although the trust was monitoring Legionella and water temperatures across its various cites between October 2010 and November 2011, a total of 114 positive Legionella tests, and a further 651 records of water temperatures outside the required parameters, were not adequantley acted upon.

High legionella readings were detected in the Lawson Unit, Barry Building, Tower Block, Sussex Eye Hospital and outpatient department.

Inspectors also found that water in the Jubilee Building at the Royal Sussex often failed to reach the 60 degree Celsius temperature needed to kill off Legionella, which was another control system the trust relied upon.

The court was told that one of the major contributors to the serious control failures was the fact that staff did not have sufficient instruction, training and supervision to be able to make informed decisions and take appropriate action.

The intervention of HSE and Sussex Police resulted in a new management system to effectively control Legionella.

Brighton and Sussex University Hospitals NHS Foundation Trust was fined £50,000 with costs of £38,705.60 after pleading guilty to breaching Section 3(1) of the Health and Safety at Work Act 1974.

After sentencing, HSE inspector, Michelle Canning, said, "The Legionella control failures we identified at the Royal Sussex are made all the more stark by the fact that those most of risk of contracting Legionella were among the most vulnerable in our society."

"All organisations have a legal duty to control the risks arising from hot and cold water systems, but healthcare providers like hospital trusts must be especially vigilant and robust in terms of the systems they have in place."
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