 An evaporation unit was closed while tests were carried out |
A cider company is facing legal action for alleged breeches of the Health and Safety at Work Act relating to an outbreak of Legionnaires disease. The Health and Safety Executive (HSE) is launching proceedings against Hereford-based Bulmers in relation to its management of risk from legionella.
Two years ago 28 people contracted the disease and two died in the city.
The bacteria was identified in a cooling tower at Bulmer's factory in Plough Lane and an inquiry began.
The HSE said it has sent notice of the intended action to Bulmers and Nalco, a water treatment company which had a contract with the cider producer.
'Co-operated fully'
A spokeswoman for the HSE said it was in relation to the management of risk from legionella, as a result of the operation of evaporative cooling towers on the Plough Lane factory site.
"This follows an investigation into the management of risk on the factory site by the HSE, which began in November 2003. It is anticipated that a summons will be served early in the new year," she said.
Bulmers said it has received the notification but is waiting for further instructions from the HSE's solicitors.
"We can now confirm that we have received notification from the HSE that they intend to institute legal proceedings against Bulmers, in relation to an outbreak of Legionnaires' disease in Hereford during November 2003.
"Since the first indication of the presence of the legionella bacteria on the Bulmers site, we have co-operated fully with both the HSE and local authorities, firstly to eradicate the outbreak, and then in the investigation of the circumstances around the incident ."