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Council secures successful prosecution after chlorine gas release in fitness club

By James Ledward
Nov 19, 2011 - 9:11:17 AM
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L A Fitness was found guilty of failing to meet their duties under the Health and Safety at work Act following a council investigation into a potentially dangerous release of chlorine gas.
 
Following a seven-day trial, the company was fined £20,000 and ordered to pay council legal costs totalling £58,514.00 at Hove Crown Court on Thursday, November 17.
 
The court heard, on August 22,,emergency services were called to L A Fitness in response a suspected chlorine gas release. Emergency services closed off the surrounding area and ambulance crews were, as a precaution, treated two members of staff from the club.
 
After investigation by Brighton & Hove City Council, it was found that the spa pool at the club had been overloaded with chlorine resulting in a gas release that was potentially harmful to the health of both staff and members of the public.
 
The investigation was carried out by council Health and Safety Inspectors who are appointed to investigate dangerous incidents.
 
Prosecuting QC, Robert Seabrook told the court that the chlorine overload of the spa was due to staff incorrectly monitoring and interpreting chlorine testing results from the pool. This resulted in more chemicals being emptied into the pool than should have been the case.
 
Staff were not being trained and supervised adequately and an internal audit carried out by the club management only a month before had highlighted health and safety failings at the club. The club had failed 16 out of 20 of its own standards.
 
The court also heard evidence that, as a result of the chorine overload due to excessive amounts of sodium hypochlorite being added to the spa pool, the water was so caustic that if anyone had entered the pool it would have caused severe burns. There were risks to both employees and the public that they could inhale dangerous levels of toxic chlorine gas and a risk of fire due to build up of gas in a confined area.
 
Councillor Ben Duncan said:
“This could have turned into a major incident with the potential for serious injury to the public. The case highlights the importance of training when working with chemicals and the essential role that environmental health staff play in protecting the public.
 
“We are pleased also to have won back our costs as it means this case will not be a burden on the taxpayer.”
 
The prosecution submitted that a major incident with serious potential for injury, if not loss of life, was only averted by staff being aware of a strong chlorine smell when they entered the building. The matter was aggravated by a systemic failing by the company to provide adequate instruction, training and supervision of the staff, failings that had been ongoing for a number of months.
 



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