Earlier this month, G4S Cash Solutions were fined £1,800,000 after failing to adequately control the risk of Legionnaires’ Disease relating to its water systems.

The size of the fine is substantial. However, what makes this case particularly interesting is that the Enforcing Authority, Harlow Council Environmental Health, were unable to prove that any harm had occurred as a direct result of the lack of control.

The case involved a G4S worker who, in October 2013, was reported to have contracted Legionnaires’ disease. This is caused by exposure to legionella bacteria, typically found in poorly maintained water systems. It can cause flu-like symptoms, and can be life threatening.

Despite the fact that the council were unable to prove that the worker had contracted the disease from the site, they were nonetheless able to demonstrate a serious lack of maintenance relative to the water systems at the site. They were able to demonstrate that the monitoring and testing of systems was erratic, staff training was inadequate, and policies and risk assessments were out of date.

G4S pled guilty to breaches of the Health and Safety at Work Act, leading to the substantial fine.

This case demonstrates the effect of the Sentencing Council Guidelines (see link below), introduced in February this year. This allows the courts to correllate the levels of fine not only to the size of the organisation, but also to the level of risk to which people are exposed, and not the actual harm which has occurred.

In court, representatives from G4S said they have since taken measures to improve the health and safety at their Harlow site.

Sentencing Council Guidelines –  https://www.sentencingcouncil.org.uk/wp-content/uploads/HS-offences-definitive-guideline-FINAL-web.pdf

If you require any advice or information on consultancy or training in order to manage risks in your business, do not hesitate to contact Braeside Safety.