Beyond Compliance: Why Water Safety Remains Essential for Business

A quick perusal of the list of penalties for breaches of UK water safety standards should concentrate the minds of anyone with a business that provides water to customers and staff.

Prosecutions are carried out by the HSE, which will often go after non-compliers under two main pieces of legislation: the Health and Safety at Work etc. Act (1974) or the Control of Substances Hazardous to Health Regulations (2002) (COSHH).

If you’re found in breach of either of these two laws, you can expect a substantial fine, a winding-up order, and, in the most egregious cases, a prison term.

That should convince you that water safety is to be taken seriously – so seriously, in fact, that a ‘compliance plus’ approach is often best when it comes to water safety.

This means making water safety more than box-ticking exercises and baking it into the wider health safety protocols.

Below, we take a closer look at why water safety should be a top priority.

The Law

All UK-based business owners need to know the law around water and water safety. 

There are three main bits of law that apply here:

• Health and Safety at Work etc. Act 1974 (HSWA).

• Control of Substances Hazardous to Health Regulations 2002 (COSHH).
• Approved Code of Practice (ACoP) L8 – “Legionnaires’ Disease: The Control of Legionella Bacteria in Water Systems”.

Fines

As was mentioned, a company found in breach of water law is liable to receive some sort of financial penalty, which can devastate a business.

For a minor breach, a fine in the region of £1,000 to £50,000 is common.

However, in the most serious cases – for example, with a widespread Legionella outbreak resulting in death – a fine in the region of £100,000-£1,000,000 is not unknown.

Notable recent cases include a hotel in 2018, which was fined £150,000 after a Legionella outbreak, and a Sentinel Healthcare care home, which was also fined £150,000 after Legionella caused the death of one of the residents.

Civil Claims

And the financial claims on a business don’t end there.

In cases where negligence of a business owner with a water supply has caused harm or injury, personal injury compensation will likely be lodged.

In this case, you can be expected to award damages for:

• Physical harm, pain, suffering, and medical costs.
• Loss of earnings.
• Care costs.

And remember, personal injury compensation for people hurt or injured by a dodgy water supply can be equally – if not more – punitive than those imposed under the criminal law. 

Prison

In the most serious cases of breaches of UK water rules and regulations, a prison term is likely.

While the business as an entity will be liable for a fine or a shutdown order, the HSA can also go after the directors and or managers at a company in the most serious breaches.

This means a sentence of up to two years’ imprisonment can result if the breach results from an individual’s consent, connivance, or neglect.

Reputation

Beyond purely financial reasons for compliance, there are sound business reasons for sticking to all UK water law.

This is especially the case for companies that are public-facing, like hotels, restaurants and cafes.

So establishments like restaurants, hotels, and gyms need to get their approach to water safety and testing right if they aren’t to suffer from adverse publicity as a result of an on-site Legionella outbreak.

Conclusion

The consequences of not following the rules when it comes to water can be severe.  

Good water safety starts with a risk assessment from a qualified professional at a company like the Water Hygiene Centre. 

Failure to get the risk assessment right can result in severe consequences for your business reputation, bottom line and company directors.

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