ISPE 107 TH ONE DAY SEMINAR

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1 ISPE 107 TH ONE DAY SEMINAR PRESENTER: Colin Jenkinson DATE: 3 rd April 2014 COLIN JENKINSON ISPE Endorsed Training Provider MIISRM Member of ISPE CMIOSH ACIEH & MCIMSPA Vice Chair IOSH East Midlands 1

2 HOW TO LOOK AFTER & TREAT DISPLAY SPAS Do we need to look after the spas? Is there any legislation? Are there any safety issues to consider? What control measures are available? What are the consequences of getting it wrong? WHY WE MAY WANT TO LOOK AFTER SPAS Increased sales Maintain / Extend life of our products Ensure safety of our staff & visitors Comply with any relevant legislation 2

COMPLY WITH THE LEGAL REQUIREMENTS RELEVANT LEGISLATION Health & Safety at Work Act (Section 2) It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health,

3 COMPLY WITH THE LEGAL REQUIREMENTS RELEVANT LEGISLATION Health & Safety at Work Act (Section 2) It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees Health & Safety at Work Act (Section 3) 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 thereby exposed to risks to their health or safety. 3

4 RELEVANT LEGISLATION Management of Health & Safety at Work Regulations (Reg.3) 3. (1) Every employer shall make a suitable and sufficient assessment of (a)the risks to the health and safety of his employees to which they are exposed whilst they are at work; and (b)the risks to the health and safety of persons not in his employment arising out of or in connection with the conduct by him of his undertaking, OUR WE LIKELY TO GET A VISIT? National Local Authority Enforcement Code Code on how local authorities should enforce Health & Safety has come into force Proactive inspections only for high risk premises or where intelligence suggests risks not being properly managed L A s will be required to target their interventions with a risk based proportionate approach, to be consistent, ensure transparency and to be accountable 4

List of activities/sectors for proactive inspection by LAs only these activities falling within these sectors or types of organisation should be subject to proactive inspection No Hazards High Risk

5 List of activities/sectors for proactive inspection by LAs only these activities falling within these sectors or types of organisation should be subject to proactive inspection No Hazards High Risk Sectors High Risk Activities 1 Legionella infection Premises with cooling Lack of suitable legionella control towers/evaporative condensers measures 2 Explosion caused by Premises (including caravan parks) Buried metal LPG pipe work leaking LPG with buried metal LPG pipework (For caravan parks to communal/amenity blocks only) 3 e.coli/cryptosporidium Open Farms/Animal Visitor Lack of suitable micro organism infection esp. in children Attractions control measures 4 Fatalities/injuries resulting Tyre fitters*/ MVR* (as part of Car Use of two post vehicle lifts from being struck by Sales) vehicles High volume Workplace transport Warehousing/Distribution 5 Fatalities/injuries resulting Industrial retail/wholesale premises Workplace transport/work at from falls from height/ e.g. steel stockholders, height/cutting machinery /lifting amputation and crushing builders/timber merchants equipment injuries 6 Industrial diseases MVR*(as part of Car Sales) Use of Isocyanate paints (occupational Industrial retail/wholesale premises asthma/deafness) e.g. steel stockholders, Noise and dust builders/timber merchants 7 Falls from height High volume Work at height Warehousing/Distribution 8 Crowd control & Large scale public Inadequate consideration of public injuries/fatalities to the events/sports/leisure facilities e.g. safety e.g. poor organisation and/or public motorised leisure pursuits including supervision of high speed or off road off road vehicles and track days vehicle movements 9 Carbon monoxide Commercial catering premises using Lack of suitable ventilation and/or poisoning solid fuel cooking equipment unsafe appliances 10 Violence at work Premises with vulnerable working Lack of suitable security conditions (lone/night working/cash measures/procedures handling e.g. betting shops/off licences/care settings) and where intelligence indicates that risks are not being effectively managed *(SMEs not National Chains) 1 Legionella infection Premises with cooling towers/ evaporative condensers Lack of suitable legionella control measures SO HAVE YOU COMPLETED YOUR RISK ASSESSMENT? 5

6 WHAT HAZARDS SHOULD OUR RISK ASSESSMENT COVER Drowning Legionella Manual Handling Microbiological Risks Chemical Safety Electrical Safety Safe Storage of displays SAFE DISPLAYS 6

7 ELECTRICAL SAFETY - HEALTH AND SAFETY EXECUTIVE/LOCAL AUTHORITIES ENFORCEMENT LIAISON COMMITTEE - SAFETY IN ELECTRICAL DISPLAYS Competence of staff Display layout It is strongly recommended that the electrical wiring to the display should be installed fully in accordance with BS 7671 Requirements for Electrical Installations (also known as the IEE Wiring Regulations). In addition it is recommended that, wherever practicable, the display is additionally protected by means of a Residual Current Device (RCD) suitable for protection against electric shock. Suitable types are often known as "30mA/30mS" devices. ELECTRICAL SAFETY - HEALTH AND SAFETY EXECUTIVE/LOCAL AUTHORITIES ENFORCEMENT LIAISON COMMITTEE - SAFETY IN ELECTRICAL DISPLAYS Maintenance All display installations should be visually inspected at regular intervals to determine whether deterioration and/or damage has occurred. The periods between such inspections will depend on the use/abuse of the systems. Publication INDG236 Maintaining portable electrical equipment in low risk environments should be consulted to determine an appropriate initial frequency of visual inspection and how to determine inspection frequencies thereafter. It is recommended that the premises' electrical installation should be subject to an annual routine check and a formal inspection on a 5- yearly basis by a suitably competent person to ensure it remains in a safe condition. 7

8 MICROBIOLOGICAL CONDITIONS (ECOLI, PSEUDOMONAS, ETC) Should not be an issue unless you are going to permit bathers in to your spa / hot tubs. If you are going to enter the water then have you set safe parameters for; Free chlorine Combined chlorine ph What is your frequency of your testing regime? What training has your member of staff received to demonstrate competence? Have you recorded the results? LEGIONELLA What is legionella Is there a risk with a spa / hot tub Is there guidance for us to follow What should we be doing 8

9 WHAT IS LEGIONELLOSIS Legionellosis is the collective name given to the pneumonia-like illness caused by legionella bacteria. This includes the most serious legionnaires disease, as well as the similar but less serious conditions of Pontiac fever and Lochgoilhead fever. Legionnaires disease is a potentially fatal form of pneumonia and everyone is susceptible to infection. However, some people are at higher risk, including: people over 45 years of age smokers and heavy drinkers people suffering from chronic respiratory or kidney disease anyone with an impaired immune system SYMPTOMS OF LEGIONELLA The symptoms are similar to those of flu, i.e. high temperature, fever and chills, cough, muscle pains and headache. In a severe case, there may also be pneumonia, and occasionally diarrhoea, as well as signs of mental confusion. Legionnaires disease is not known to spread from person to person. 9

10 WHERE DOES IT COME FROM Legionella bacteria are widespread in natural water systems, e.g. rivers and ponds. However, the conditions are rarely right for people to catch the disease from these sources. Outbreaks of the illness occur from exposure to legionella growing in purpose-built systems where water is maintained at a temperature high enough to encourage growth, e.g. cooling towers, evaporative condensers, spa pools, and hot water systems used in all sorts of premises HOW DO PEOPLE GET IT People can catch legionnaires disease by inhaling small droplets of water, suspended in the air, containing the bacteria. Certain conditions increase the risk from legionella, including: water temperature between C, which is suitable for growth creating and spreading breathable droplets of water, e.g. aerosol created by a cooling tower, or water outlets stored and/or re-circulated water a source of nutrients for the organism e.g. presence of sludge, scale or fouling 10

11 IN 1999, AN OUTBREAK OF LEGIONNAIRES' DISEASE AFFECTED MANY VISITORS TO A FLOWER SHOW IN THE NETHERLANDS. From March 7 to 11, 1999, 10 patients with severe pneumonia were admitted to a hospital in Hoorn, in the northern part of the Netherlands. The clinical condition of these patients deteriorated quickly and unexpectedly, with eight requiring mechanical ventilation. On March 11, six of the eight patients were diagnosed with Legionnaires' disease on the basis of a positive Legionella urine antigen test. Additional patients with severe pneumonia were sent to another hospital since all the respirators at the Hoorn hospital were in use All patients had visited the West Frisian Flower Show Dates of onset ranged from February 25 to March 16 IN 1999, AN OUTBREAK OF LEGIONNAIRES' DISEASE AFFECTED MANY VISITORS TO A FLOWER SHOW IN THE NETHERLANDS. There were 188(133 laboratory confirmed) cases and 21 deaths. People pausing at the spa pools had an increased chance of developing the disease. Within four days of their installation one or both of two new spa pools on display at a Netherlands flower show were the source of one of the worlds largest outbreaks of Legionnaires disease. 11

12 IN 1999, AN OUTBREAK OF LEGIONNAIRES' DISEASE AFFECTED MANY VISITORS TO A FLOWER SHOW IN THE NETHERLANDS. Findings Data demonstrated that contaminated spas may remain culture positive for months, perhaps as a result of stagnant water in their extensive inner tubing system. Because Legionella is ubiquitous in water systems, prevention of Legionnaires' disease depends mainly on disinfection. The findings showed that whirlpool spas may become a health hazard if their disinfection system fails. IN 1999, AN OUTBREAK OF LEGIONNAIRES' DISEASE AFFECTED MANY VISITORS TO A FLOWER SHOW IN THE NETHERLANDS. Bathing in whirlpool spas has led mainly to outbreaks of Pontiac fever and to lesser extent Legionnaires' disease. Data showed that even staying in the vicinity of a whirlpool spa or walking in a hall where an operating whirlpool spa is on display may be important risk factors for Legionnaires' disease. Considering the popularity of whirlpool spas at home and the number of exhibitions where they are displayed, we suspect that small outbreaks have occurred without detection. None of these devices were maintained with adequate disinfection. The whirlpool in hall 3 had never been used before, and its disinfection system failed. 12

13 AGAIN IN 1999 Outbreak of Legionnaire's disease at Kapellen in Belgium among visitors of the annual fair. 93 cases and 5 deaths. Those individuals working in the central areas of the tent, near the aerosol-producing devices, were at higher risk of disease. Legionella was detected by PCR on swabs of the surfaces of the whirlpool. Although not fully proven, an aerosol-producing device was the most probable source of the outbreak. SO WHAT GUIDANCE SHOULD WE BE FOLLOWING HSE reviewed its ACOP and guidance for legionella in 2013 New ACOP L8 The main changes are removing Part 2, the technical guidance, which is published separately in HSG274, 13

sample for legionella How complicated our your spas and hot tubs? Are you competent?

14 SO WHAT GUIDANCE SHOULD WE BE FOLLOWING Undertake risk assessment by a competent person Microbiological testing monthly (if used by bathers) Levels for Chlorine & ph Quarterly sample for legionella SO WHAT GUIDANCE SHOULD WE BE FOLLOWING Undertake risk assessment by a competent person How complicated our your spas and hot tubs? Are you competent? 14

15 COULD IT HAPPEN TO THOSE DISPLAYING SPAS IN THE UK We have historical evidence from Europe that it can occur with equipment similar to that on display in our outlets The industry has been given sufficient guidance from the HSE & HPA Can there be any excuses for an outbreak in the UK? 15

16 JTF STAFFORDSHIRE CASES & 2 DEATHS 16

WHAT DID WE LEARN FROM 2008 Note that no evidence any person suffered harm The mere fact that you put people at risk by your failings can be sufficient grounds

17 WHAT DID WE LEARN FROM 2008 Note that no evidence any person suffered harm The mere fact that you put people at risk by your failings can be sufficient grounds for action Possible Future Charges IF ITS YOUR BUSINESS CORPORATE MANSLAUGHTER IF ITS YOU PERSONALLY GROSS NEGLIGENCE MANSLAUGHTER GENERAL HEALTH & SAFETY BREACHES 17

2012 It prevents companies and other legal persons from recovering their legal costs if they successfully defend

18 CAN YOUR BUSINESS AFFORD TO TAKE THE RISK? Defendants Costs Orders The Legal Aid, Sentencing and Punishment of Offenders Act 2012 came into force on 1 st October 2012 It prevents companies and other legal persons from recovering their legal costs if they successfully defend proceedings in the Magistrates Court or Crown Court Does not apply to individuals Exemptions are very limited ANY QUESTIONS Copy of presentation available to download from 18

What is Legionnaires' disease?

What is Legionnaires' disease? Understanding Legionnaires disease: A Fact Sheet For Workers Organization(s): New York Committee for Occupational Safety and Health Other languages: Spanish Summary Statement: This NYCOSH fact sheet is