Briefing Paper: Proposed Amendments
to the Ban on the Use of Hosepipes on Bristol Allotments.
Produced in support of the Bristol
Allotment Forum Position Statement and petition.
1.
Executive
Summary
1.1.
A temporary hosepipe ban was imposed by Bristol
City Council (BCC) on all its allotment sites in 2017, pending water
infrastructure improvements. Tenants were advised at the time that the local
water authority had insisted on the ban due to the risk of contaminated water
being drawn back into the public water supply.
1.2.
When the infrastructure improvements were
completed, tenants were advised that the ban was to remain in place, with the
justification shifting to a supposed risk of Legionnaire’s Disease, despite the
fact that the Council’s legionella risk assessments do not identify a ban as a
required control measure.
1.3.
Allotment tenancy agreements already prohibit
the use of hosepipes for the direct watering of crops, but tenants have been allowed
to use hosepipes for filling water butts and tanks from the mains supply.
1.4.
The current ban prohibits all use of hosepipes,
both for filling water butts from the mains supply and for the movement
of harvested rainwater within individual plots.
1.5.
This has potentially serious implications for
many tenants, especially those for whom the manual handling risks of carrying
water over long distances are such that they are now being exposed to
significant risks to their health and safety. Many may be forced to give up
their plots.
1.6.
An Equality Impact Assessment of the ban was
carried out by the Allotments & Smallholdings Manager and signed off by the
Director, Management of Place, in October 2022. The assessment identified that
‘Any allotment tenant with the following protected characteristics: disability,
age, pregnancy/maternity will be negatively impacted, by the ban.’
1.7.
The ban also very seriously limits the potential
uptake of rainwater harvesting, as systems often involve the use of hosepipes.
1.8.
Bristol Allotment Forum believes the current ban
to be wholly unjustified, finding it to be excessive and discriminatory.
1.9.
Banning the use of hosepipes for the movement of
harvested rainwater is unjustified and excluded as a risk by the very risk
assessment used to implement it and in any event, this is, we believe, beyond
the scope of Bristol City Council’s legal remit (see the response from the
National Allotment Association, point 4.12 below).
1.10.
We now call for the ban to be amended,
both to allow the filling of water butts and the use of hosepipes within
rainwater harvesting systems.
1.11.
Any residual risks relating to
Legionnaire’s Disease can be adequately managed in other ways, including the
provision of guidance, as supported by the leading horticultural and public
health authorities.
The
petition can be found at https://tinyurl.com/3k3p7pn4
or by scanning the following QR code.
2.
Legionnaire’s
Disease.
2.1.
The disease was first identified in Philadelphia
in 1976, after an outbreak among attendees at a convention of the American
Legion. Those affected suffered from a type of pneumonia (lung infection) that
became known as ‘Legionnaires’ disease.’
2.2.
The disease is caused by the legionella
bacteria, which is endemic in most water sources, often including public
(mains) water supplies. It can be safely ingested but can result in illness
when inhaled in bio-aerosols (exceptionally fine water droplets).
2.3.
There is no risk from contact with
infected water other than the inhalation of bio-aerosols.
2.4.
Legionnaire’s disease can be fatal and those
most at risk are people over 45, smokers and heavy drinkers, people suffering
from chronic respiratory or kidney disease, diabetes, lung and heart disease or
anyone with an impaired immune system.
2.5.
However, as with most forms of pneumonia, most
people make a full recovery. In the UK, the three-year mean for the number of
recorded cases between 2017 – 2019 (the most recent figures published) is 459.
The number for 2020 was 295, reflecting a drop in foreign travel during the
Covid pandemic: typically, around 40% of cases reported in the UK each year are
related to infections contracted abroad.
2.6.
Since 2007 the annual number of deaths reported
among Legionnaires’ disease cases (via either local PHE Centre Health
Protection Teams or death certification data) ranged from 53 in 2007 to 20 in
2011 with a median of 32 deaths between 2007 and 2016. The number of deaths
reported in 2016 was well below the median at 25 deaths, one less than in
2015.Most people who contract legionnaire’s Disease make a full recovery, but
typically around 7% of cases will prove fatal1.
2.7.
We are unable to find any cases where the
disease is attributed to the use of a garden hose.
3.
Cases
of Death from Legionnaire’s Disease Linked to Hosepipes.
3.1.
We have found one highly publicised case from
20172 where such a death was anecdotally attributed to a garden
hose, but the strain of legionella in the deceased’s lungs was not matched to
the strain found in the hose. The case was widely reported both in the UK and
around the world, but the link was never proven.
3.2.
Despite extensive online research, we can find
no confirmed cases of death from Legionnaire’s Disease linked to the use
of garden hosepipes.
3.3.
Invented in the 19th century, since
mass production was Introduced in the 1950’s, garden hoses have become
ubiquitous throughout the developed world. Globally, there are millions of
individual uses of a garden hose daily and yet we are unable to find a single
verified case of anyone contracting Legionnaire’s Disease – fatally or otherwise
– through using one.
4.
Health
& Safety Legislation – the Legal Position.
4.1.
Bristol City Council is subject to the
provisions of the Health & Safety at Work Act 1974 (HSWA), and Regulations
enacted under it.
4.2.
For the purposes of compliance with Health &
Safety legislation on allotments, BCC is deemed to be a landlord, and the law
is clear that if you are a landlord and rent out your property then you have
legal responsibilities to ensure the health and safety of your tenant by
keeping the property safe and free from health hazards.
4.3.
Thus, BCC has responsibilities under Section
3(2) of HSWA, which states:
"It shall be the duty of every
self-employed person to conduct his undertaking in such a way as to ensure, so
far as is reasonably practicable, that he and other persons (not being his
employees) who may be affected thereby are not thereby exposed to risks to
their health or safety."
4.4.
Landlords, under Section 53 of HSWA, are
regarded as being self-employed and tenants fall into the class of "other
persons (not being his employees)". If you rent out a property, you have
legal responsibilities to ensure you conduct your undertaking in such a way
that your tenant(s) are not exposed to health and safety risks.
4.5.
This clearly applies to the safety of any
facilities and infrastructure provided on allotments by BCC, including the
mains water supply.
4.6.
The Control of Substances Hazardous to Health
Regulations 2002 (COSHH) provides a framework of actions to control the risk
from a range of hazardous substances, including biological agents (e.g.,
Legionella) - to identify and assess the risk, and implement any necessary
measures to control any risk.
4.7.
Note that the key word is ‘control’ and not
‘eliminate,’ thereby allowing for the use of proportionate measures to manage
risk.
4.8.
Guidance for compliance with COSHH is provided
in ‘The Control of Substances Hazardous to Health Regulations 2002. Approved
Code of Practice and guidance, L5 (Sixth edition)’.
Being an Approved Code of Practice,
adherence to the Guidance within it is normally sufficient to meet the duty
holder’s legal requirements.
4.9.
There is no mention in the document of garden
hosepipes. The guidance makes several references to an ‘undertaking’ and in
this context ‘undertaking’ means everything BCC does in relation to the
provision and letting of allotments.
4.10.
BCC’s main responsibility in this regard is to
ensure that the water troughs, taps, and pipework used by tenants are provided
and maintained in a safe condition and can be used safely.
4.11.
Banning the attachment of hosepipes to mains
water taps is arguably within BCC’s authority but it is not automatically
required to do so, and we believe that any risk related to Legionella can be
suitably managed by other means, such as the provision of advice and guidance
on the safe use, draining and storage of hosepipes.
4.12.
Advice received from the National Allotment
Association suggests that BCC are exceeding their legal authority in seeking to
prevent the use of hoses to move water within rainwater harvesting systems on
individual plots. The Legal & Operations Manager wrote:
‘With your own system that you have
constructed using your own hose on your own plot, I do not see how this can in
anyway come under the responsibility of the Council. Obviously, in heat with
water standing in a hose, warming up, there is the potential for legionella. In
this instance the hose is not being sprayed and it would be the water droplets
that could cause an issue. So, where the hose is just transferring water from
one receptacle to another, it does sound as though the person undertaking the
risk assessments does not fully understand how this transfers and is ruling out
all use of hoses on the site.’
5.
Risk Assessments
5.1.
We had repeatedly asked for sight of the risk
assessments upon which the ban was predicated but were only provided with copies
following two Freedom of Information requests.
5.2.
There are two separate risk assessments, one
carried out by BCC Parks Department dated 24 February 2017 and one carried out
for the Bedminster Down C site by an external consultant dated 6 June 2018. All
details of who carried out either assessment have been redacted.
5.3.
The BCC risk assessment confirms that there is
no risk of contracting legionnaire’s disease through the movement of harvested
rainwater using hosepipes, as in the absence of mains pressure it is not
possible to create the fine aerosols that can be inhaled into the lungs.
5.4.
Nevertheless, the ban includes such hosepipe
use, citing the risk of contracting Legionnaire’s disease as the justification,
even though the risk assessment upon which the ban is based clearly states it
is not possible.
5.5.
The controls identified do not include a
permanent ban on the use of hosepipes but does propose ‘limited period ban’ on
using hosepipes to fill tenants’ water butts ‘while we awaiting [sic] the
DCV’s’ (referring to the need to upgrade the water supply infrastructure which
has now been completed). The writer notes that:
‘No other authorities ban hoses [sic]
pipes used for this purpose. In addition, there are disability issues through
carrying heavy water in water cans that are mitigated through use of hosepipes.’
5.6.
Given that the water supply infrastructure has
been upgraded, this no longer applies. BCC’s own risk assessment does not
identify the need for any further restriction on the use of hosepipes being
required for Health & Safety reasons.
5.7.
The controls suggested include flushing hoses,
providing education and advice and guidance to plot holders – precisely as
advocated by all the leading authorities (see section 6 below).
5.8.
The risk assessment also contains an entire
section devoted to the control of ‘Legionella disease contracted through use of
water troughs’ – which is not possible, as no bio-aerosols are – or can be –
created by dipping a can into a trough. Nevertheless, the assessment goes on to
suggest replacing troughs with standpipes – even though the resultant water
pressure would be sufficient to create bio-aerosols.
5.9.
BCC’s own risk assessment does not stipulate a
ban on the use of hosepipes other than for a limited period pending upgrades to
the water supply infrastructure. This has been completed and therefore the ban
is no longer justified.
5.10.
The second risk assessment, carried out by an
external consultant is 35 pages long, much of which is generic background.
5.11.
It confirms that Legionnaires Disease is
contracted through the inhalation of aerosols contaminated with the legionella
bacteria.
5.12.
The assessment is focused solely on mains water
supply. It identifies ‘Low risk. There are rainwater bunts [sic] on site
holding untreated water.’ An associated recommended control is to ‘ensure no
water is sprayed from water bunts [sic]. The water is untreated and an aerosol
has the potential to release Legionella bacteria which may be growing. Water
should be decanted or poured to ground only.’ However, it is not possible to
create bio-aerosols from a water butt: in the absence of any mains pressure,
water butts present no risk of Legionnaires Disease.
5.13.
Much of the assessment is concerned with removing
obsolete and unused piping, the condition of water troughs, the upgrading of
the mains infrastructure to prevent contamination of the public water supply
(now remediated) and the introduction of written systems to ensure regular
trough cleaning and pipework flushing are carried out and recorded.
5.14.
At no point in this risk assessment is a ban on
the use of hosepipes proposed.
5.15.
Copies of associated correspondence, although
heavily redacted, show that it was not the Allotment Service that instigated
the ban. The redactions make it difficult to be precise, but we understand it
to have been Property Services. A copy of an email confirms that this
department has refused to engage directly with allotment plot holders’
representatives.
5.16.
We conclude that there is nothing in either
of these risk assessments to justify a ban on the use of hosepipes, either for
filling water butts or for the movement of harvested rainwater.
6.
Guidance
from Recognised Authorities
6.1.
None of the Health & Safety Executive
publications relating to Legionella contain any reference to gardens, hosepipes,
or allotments.
6.2.
The following organisations – whom we submit can
be recognised as authorities, have published guidance relating to the safe use
of hoses in gardens and allotments:
The Royal Horticultural Society (RHS)
6.3.
The RHS has published online advice3 that
identifies the hazard of legionella bacteria in hosepipes and addresses the
risks through advice to
‘Empty the water out of garden hoses
after use and do not leave full hoses in the sun after use.’
and
‘Avoid splashing water around when
watering pots.’
6.4.
The RHS do not advocate stopping the use
of hosepipes.
National Association of Allotment
& Leisure Gardeners (The National Allotment Society)
6.5.
The NAS has published online guidance4
which recognises ‘Water dangers – can present a drowning risk, some bacteria
can thrive in water and cause illness’ but does not offer any specific
advice.
6.6.
The NAS do not advocate stopping the use
of hosepipes.
Royal Society for Public Health
(RSPH)
6.7.
The RSPH has published a report5,
‘The presence and prevalence of Legionella spp in collected rainwater and its
aerosolization during common gardening activities’ September 2018 by L Steege
(Biosafety, Air and Water Microbiology Group, National Infection Service,
Public Health England and School of Biosciences and Medicine, University of
Surrey) and G Moore (Biosafety, Air and Water Microbiology Group, National
Infection Service, Public Health England).
6.8.
The aim of the report was:
‘To determine the presence and
prevalence of Legionella spp in domestic rainwater storage butts and to
quantify its aerosolisation when collected rainwater is used for common
gardening activities.’
6.9.
It concludes that:
‘In this study, Legionella spp were
common contaminants of collected rainwater. However, the use of rainwater for
common gardening activities should not be discouraged. Aerosolisation of
Legionella when using a watering can is minimal and any increased risk
associated with hose pipe use can be mitigated by using a coarse spray setting.’
6.10.
The report also states:
‘Increasing the droplet size by
delivering the water as a ‘jet’ and/or using a watering can will mitigate
Legionella risk, which is likely to be far outweighed by the benefits of
exercise and outdoor activity.’
6.11.
The RSPH have identified the risk of
inhaling bio-aerosols in the absence of a fine spray to be minimal. The
creation of such a fine spray does not arise when using gravity-fed, low
pressure systems such as water butts and storage tanks (i.e., without mains
pressure).
6.12.
The RSPH do not advocate stopping the use
of hosepipes.
7.
The
Equality Impact Assessment
7.1.
As noted in 1.6 above, an Equality Impact
Assessment of the ban was carried out by the Allotments & Smallholdings Manager
and signed off by the Director, Management of Place, in October 2022.
7.2.
The assessment identified that ‘Any
allotment tenant with the following protected characteristics: disability, age,
pregnancy/maternity will be negatively impacted, by the ban. In addition to
this any tenant who has difficulty carrying watering cans to water crops could
be negatively impacted.’
7.3.
The assessment identifies the impact on elderly,
pregnant and disabled people as ‘disproportionate.’
7.4.
Various potential mitigations are suggested,
including:
·
‘People with disabilities or mobility issues
could be relocated to plots on level ground (where possible).’
However, we doubt this will be a
feasible option in the vast majority of cases.
·
‘Where water mains are being renewed on
sites, additional taps could be provided / better spaced to reduce the distance
walked whilst carrying watering cans.’
Given the general lack of any
maintenance or investment in renewal or improvement this is highly unlikely to
ever be the case on any BCC managed site.
·
‘Information on how to harvest rainwater’ and
‘Information on crops and cultivation methods that can reduce the amount of
water needed.’
The Allotment Forum are keen to support
this but would point out that many harvest and irrigation systems will require
the use of hosepipes to some degree or other. Given that bio-aerosols are not
produced from low-pressure systems this will not create any significant level
of risk.
7.5.
The Impact Assessment claims various potential benefits
from the ban, including:
·
‘Tenants are less likely to contract
waterborne diseases and infections. This has not been identified as a risk so
far by the Allotment Service.’
We note the Allotment Service do not
identify Legionnaire’s Disease as a risk. We cannot comment on the findings of
the risk assessment carried out by Property Services as it has not been
released, despite repeated requests and the legal obligation to share the
findings of risk assessments.
·
‘Tenants will not need to buy a non-locking
trigger gun (as required by Bristol Water) for their hose pipe or buy a hose
pipe as they will not be allowed to use or store one on an allotment site.’
For the purposes of filling water butts
or moving harvested rainwater around a plot, a trigger gun is not required and
in low-pressure rainwater harvest systems is of absolutely no use. Garden hoses
are relatively cheap and cannot be considered a major financial outlay: any
cost saving is negligible and cannot be described as a benefit when set against
the increased risks from manual handling.
·
‘Tenants may feel they are contributing
positively to the climate emergency by harvesting water rather than obtaining
it from the public mains supply.’
We believe most tenants will indeed
welcome the opportunity to contribute in this way, but this does not require a
hosepipe ban to bring about. Prohibiting the use of hosepipes within rainwater
harvesting systems will impede and not encourage the uptake.
·
‘The Allotment Service may see a reduction in
the amount of water used and this translate in to cost saving reflected in
allotment rents or improving site infrastructure or facilities.’
Encouraging rainwater harvesting is
indeed likely to reduce BCC’s costs for mains water but if hoses are not
allowed to be used in rainwater harvesting systems, their use will be restricted,
and the cost-savings reduced. Furthermore, any cost savings are unlikely to be
allocated directly to allotment improvements or rent reductions.
7.6.
Rainwater harvesting is to be encouraged and
will result in substantial benefits for both tenants and BCC. Coupled with
advice on water-reducing practices such as mulching and no dig, and a move
towards more drought tolerant crops and varieties we believe this should be
pursued but does not require a hosepipe ban to bring about – and we repeat our
assertion that prohibiting the use of hosepipes within rainwater harvesting and
irrigation systems will be counter-productive and wholly unnecessary.
7.7.
The Water Review Group is fortunate in having
amongst its members individuals who have led projects and written extensive
guidance on water reduction strategies and rainwater harvesting for the
National Allotment Association and the Royal Horticultural Society.
7.8.
The views of the Allotment Forum are thus
informed by expert opinion, and those individuals comprise a resource that will
enable us to pursue an awareness and education campaign amongst tenants that
will encourage water saving, rainwater harvesting and a move towards more
sustainable cultivation practice.
8.
Conclusion
8.1.
The original
justification for a ‘limited period’ ban on the use of hosepipes was the need
to upgrade the mains water infrastructure to prevent contaminated water being
drawn back into the public supply.
8.2.
This work has
been completed. The reason and need for the ban no longer exist.
8.3.
However, the ban
remains in place, and has been extended to incorporate the use of hosepipes to
move harvested rainwater within individual plots.
8.4.
The reason for
the ban is now an alleged risk of contracting Legionnaires Disease. There is
absolutely no risk-based justification for this.
8.5.
Both BCC’s own
risk assessment and the Equality Impact Assessment recognise the heightened
risk to a wide range of tenants of manual handling injuries arising from
carrying heavy cans of water over uneven ground, often for significant distances.
8.6.
We believe the
ban will have two main effects:
a) A potentially substantial number of tenants will be
forced to give up their plots, especially the elderly (who often posses great
knowledge and experience), disabled persons and those with a range of mobility
issues and pregnant women and nursing mothers.
b) Efforts to explore and develop innovative ways to
harvest and use rainwater will be greatly impeded.
9.
Proposed
Actions
9.1.
We believe the current ban to wholly
disproportionate to the risk and we call upon BCC to take the following action:
9.1.1.
Allow the filling water of butts from the mains,
subject to a ban on trigger mechanisms that will create bio-aerosols and the
provision of suitable guidance on the safe use and storage of hosepipes. The
ban on direct watering of crops with hosepipes to remain.
9.1.2.
Allow the use of hosepipes within rainwater
harvesting systems, subject to the guidance noted above and a ban on water
pumps that can generate sufficient pressure to create bio-aerosols.
9.1.3.
Engage with the Water Review Group to design and
implement a programme of awareness and education aimed at reduced water use
through improved cultivation techniques and crop selection.
3https://www.rhs.org.uk/advice/health-and-wellbeing/minimising-health-risks-in-the-garden
4https://www.nsalg.org.uk/wp-content/uploads/2014/06/small_A5_Health_Safety_240216_HiRes.pdf
5(https://researchportal.ukhsa.gov.uk/en/publications/the-presence-and-prevalence-of-legionella-spp-in-collected-rainwa
