What is the code of practice for legionella?
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A facilities management firm was fined after its failure to manage legionella risks resulted in bacteria entering the water supply at His Majesty’s Prison (HMP) Lincoln.
Graham Butterworth (71), an inmate at HMP Lincoln, died after contracting Legionnaire’s disease while serving a prison sentence there.
After he died on 5 December 2017, water samples were taken from his cell and nearby shower blocks. Days later, the samples tested positive for legionella.
Amey Community Limited were responsible for facilities management services at the prison. An investigation by the Health and Safety Executive (HSE) Inspector Aaron Rashad found that the company failed to act on a 2016 risk assessment, and failed to ensure that appropriate water temperatures were maintained.
Amey Community Limited also failed to monitor water temperatures in the water system between October and November 2017, in the months leading up Mr Butterworth’s death. This failure of monitoring allowed the legionella bacteria to multiply in the water supply.
Amey Community Limited pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974. The company was fined £600,000 and ordered to pay £15,186.85 in costs at Lincoln Magistrates’ Court on 3 December 2024.
HSE Inspector Stacey Gamwell said:
“There is a legal duty to keep workers and inmates safe in prisons. The occupants of HMP Lincoln had been put at risk of legionella bacteria and developing Legionnaires’ disease because of Amey Community Limited’s failures.
“Companies such as Amey Community Limited need to ensure they have identified any risk of legionella and have suitable and sufficient arrangements in place for managing the risk and control measures they have implemented.”
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