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Rachel Isaacs's avatar

It is heartening to see public health done right. Thank you for informing us, as usual! Those of us who have lost friends, family, or colleagues to Legionnaire’s know how vital preventing /controlling outbreaks is.

Chris's avatar

These are proactive steps, and they should serve as a model for outbreak response — especially against jurisdictions that won't even disclose which cooling tower caused an outbreak. (In Marshalltown, Iowa, the state suggested naming the tower would be like disclosing someone's private health information. Apparently cooling towers are people too in Iowa.)

But the harder question for New York's mayor and his new health commissioner is whether they'll confront the flawed policy decisions the Adams administration made during the last major Legionnaires' outbreak tied to Harlem Hospital — the facility's second in just a few years.

Two things. First, transparency: for nearly a decade the City ran an open cooling tower registration and compliance portal the public could search. The Adams administration shut down that access during the outbreak — but not before reporters were able to document repeated regulatory failures at public buildings.

Second, and more important: NYC Health walked away from the letter and intent of its own regulations. I know, because I wrote them, in lockstep with the global consensus (drawing heavily on the UK's Health and Safety Executive): site-specific risk assessment, written water management plan, a program to implement it, and validation with corrective action. The City's job was to check two things — did the owner do the minimum the rules require, and did the owner follow its own plan? During the H+H outbreak, NYC Health reversed the long-held position of the program's two founding assistant commissioners and claimed owners weren't expected to follow their plans, so it wouldn't enforce compliance. Reporters documented serious failures by H+H even as the City insisted there were no Health Code violations. Compliance problems disappear once the regulator declares the rule unenforceable. https://gothamist.com/news/harlem-hospital-failed-to-follow-its-own-guidelines-before-legionnaires-outbreak

The City should use this latest outbreak to look honestly at how the regulations are actually implemented. There is no independent oversight at the building level — the same private parties the owner retains both implement the plan and validate it. And now that NYC Health says it doesn't assess whether a tower is maintained according to the plan, that last external check is gone too. Owners write their own plans, grade their own work, and answer to no one who's looking. That is essentially no oversight at all.

Much of the fix is administrative: reopen the portal, restore plan compliance as a basis for enforcement. But the real reform is structural. New York already bars an elevator inspector from being affiliated with the company that maintains the elevator — a rule the Department of Buildings adopted specifically to prevent this kind of conflict of interest. High-pressure boilers can't be self-inspected either; an outside DOB-authorized inspector must examine them and file with the Department, which audits and can inspect on its own. A cooling tower that can seed fatal pneumonia across a neighborhood belongs in that same category. Fully independent oversight would end the fox-guarding-the-henhouse setup and give the City verification it doesn't currently have. A response this good in an emergency should be matched by a system built to prevent the next one.

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