PERFORMANCE Basildon and Thurrock University Hospitals Foundation Trust has admitted it failed to protect patients and visitors from Legionnaire’s disease.
The trust pleaded guilty to contravening the 1974 Health and Safety at Work Act and failing to protect patients from risk of injury or death from the potentially deadly bacteria (see full charge below).
The charge, brought by the Health and Safety Executive, follows eight people contracting the bug at Basildon Hospital between 2004 and 2010.
At least one died as a result, according to the trust.
Magistrates were told the starting fine for just one death from legionella was in the region of £100,000, according to local reports.
The trust entered its plea at Chelmsford Magistrates’ Court on 29 January.
The case has been committed to Chelmsford Crown Court for sentencing on 14 March.
Trust chief executive Clare Panniker, said: “Experts agree that eradicating Legionella is practically impossible, but controlling it at Basildon Hospital has always been taken extremely seriously, with £5m invested and numerous changes and improvements made over the past seven years.
“The Trust has not had any cases of Legionnaires Disease since 2011 and we continue to work robustly with all supporting agencies and experts, and the Health and Safety Executive, to do all we can to combat Legionella.”
The full charge sheet
On dates between 28/02/2004 and 31/12/2010 at Basildon University Hospital, Nethermayne, Basildon, Essex, SS16 5NL being an employer within the meaning of the Health and Safety at Work etc. Act 1974 [“the Act”], failed to discharge the duty to which it was made subject by virtue of section 3(1) of the Act, namely to conduct its undertaking, namely the management and operation of that hospital site, in such a away as to ensure, so far as was reasonably practicable, that persons not in its employment who might be affected thereby, namely patients at and visitors to that hospital site, including x, x, x, x, x were not thereby exposed to risks to their health and safety, namely the risks of injury or death should they become infected by legionella bacteria from the various water systems at that hospital site, whereby it committed an offence contrary to section 33(1)(a) of the Act and is liable to a penalty pursuant to section 33(1a), section 33(2) and Schedule 3A of the Act. Contrary to sections 22 and 33(1)(g) of the Health and Safety at Work etc Act 1974.
Source
Court statement
Source date
January 2013
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