Legionella control

A legionella risk assessment is the first step towards compliance with the latest HSE guidance for Legionella; the ACoP L8 and HSG274. Whilst the guidance is not law, they are enforceable under the Health and Safety at Work Act 1974 and COSHH regulations (Control of Substances Hazardous to Health).

Who is responsible for carrying out a Legionella Risk Assessment?

A legionella risk assessment is the responsibility of the Duty Holder of a building or work place.  It is a requirement under the COSHH regulations for a specific legionella risk assessment to be carried out by a trained and competent person.  This can be the Duty Holder, or another qualified person with an organisation, or it can be sub-contracted to a water hygiene company who specialise in these specific surveys.

If a third party is appointed it still remains the Duty Holder’s responsibility to check that a sub-contractor is qualified to carry out the legionella risk assessment.  The HSE direct people to use the Legionella Control Association (LCA) who maintain a directory of companies who have been audited and assessed to ensure they can demonstrate competence and experience in risk assessing for legionella bacteria, and also adhere to the Legionella Code of Conduct.

What will a Legionella Risk Assessment include?

For a legionella risk assessment to be carried out, a trained risk assessor will perform a site survey and inspect all the water systems.  A written report will be generated identifying all the potential risks and making suggestions as to how to reduce the risk, and therefore the chances of an outbreak of legionnaires’ disease occurring.  The report will also include photos of assets and a schematic drawing of the water services.

The risk assessment report outlines the condition of the systems as they stand i.e. whether water storage is hygienic or whether system temperatures are sufficient to control the growth of Legionella bacteria.

It includes both biological and temperature monitoring of water systems, for the purposes of identifying any problematic systems.

The risk assessment also identifies any remedial actions required for compliance with the current HSE guidelines. These actions are typically material changes such as cleaning and disinfection of cold water storage tanks or removing redundant pipework.

The risk assessment also provides a schedule for any required ongoing temperature and biological monitoring.

The report also details the management of the risk and who is responsible for what aspect of the control measures.

Why do I need a Legionella Risk Assessment?

Not only is it a legal requirement to carry out a legionella risk assessment under the HSWA 1974. Furthermore, it is a manmade problem, one which is fully preventable.  There have been no known cases of legionnaires’ disease from the natural environment; only in the built environment when conditions allow for legionella bacteria to grow and multiply to sufficient numbers.

When do I need to update my Legionella Risk Assessment?

The ACoP L8 advises a Legionella Risk Assessment should be reviewed every 2 years or sooner if there have been changes to the water system or the use of the building.

For example, if there have been alterations to the water system or plant on-site. Or if the regular monitoring checks suggests the control measures are no longer effectively controlling the risk, for example temperature control is not being achieved.

Where can I find further information about Legionella Risk Assessments?

http://www.hse.gov.uk/legionnaires/what-you-must-do.htm

http://www.hse.gov.uk/legionnaires/index.htm

https://www.legionellacontrol.org.uk/directory.php

Legionnaires’ Disease, is a potentially fatal form of pneumonia and is something employers and landlords are legally required to guard against. Legionnaires’ disease can affect anyone but is more likely to infect those with weaker immune systems, namely the young, elderly and those suffering ill health.

Most infected people will just have flu like symptom and recover fully, but for those with weaker immune systems legionnaires’ disease can be deadly. In a business place, or rented accommodation, the statutory duty holder for the premises is also responsible for making sure the building is risk assessed, and regular checks are carried out to ensure the conditions in which legionella bacteria could grow are avoided.

This requirement is stipulated by law, with prosecutions for companies who fail to comply, which can result in severe fines or in the worst cases involuntary manslaughter.

However, by taking the correct preventative actions, which can include appointing a specialist firm to carry out a legionella risk assessment, and regular checks of the building water system, the risk from legionella bacteria can be reduced and managed.

Required by Law

Where the Health and Safety at Work Act 1974 applies, there is a requirement to assess the risks from legionella bacteria which could result in the workplace.  Further documents and information resources are available on the HSE website.

The HSE Approved Code of Practice: Legionnaires’ disease: The control of Legionella Bacteria in water systems (L8) commonly known as the ACoP L8, sets out how to comply with the law.

The COSHH (Control of Substances Hazardous to Health Regulations 2002) states that all businesses require a legionella risk assessment, and that they have an effective control system in place.

The Management of Health and Safety at Work Regulations (MHSWR) also apply to the control of Legionnaires’ disease, and focus on the management of the control measures and duty holder responsibilities.

If you’re an employer, or in control of a building, which includes landlords, then you could consider employing a specialist to asses the risks associated with legionnaires’ disease and legionella bacteria. They must be knowledgeable and experienced, and able to understand the dangers of legionnaires’ disease and is trained and competent to carry out the risk assessment.

Essentially, they need to know how to identify where a risk is likely, and how to reduce the risk identified. Even if there hasn’t been an outbreak, you can still be prosecuted if the HSE guidance has not been complied with.

What exactly is Legionnaires’ disease?

Legionnaires’ disease is a potentially fatal form of pneumonia.  Legionnaires’ Disease is contracted by inhaling droplets (aerosol) of water containing the bacteria in manmade water systems. It can be potentially dangerous, typically proving fatal in one in ten sufferers, but it generally effects those with weaker immune systems, people with ill health, children and older people.

Legionella bacteria can be widely found in the natural environment; however, cases of Legionnaires’ disease have only been recorded from exposure to the bacteria in the built environment, where the conditions were favourable for the bacteria to grow and multiply to sufficient numbers for an outbreak to occur.

Namely; the water temperature needs to be between 20 to 45 degrees c, an aerosol needs to be created e.g. shower / cooling tower and suitable nutrients are provided to support bacterial growth.

What can you do to manage the risk?

The HSE advise employers that if they wish to appoint a competent specialist provider to assist them in assessing the risk from legionella bacteria and putting in place suitable control measures, then they must ensure the contractor is competent and will adhere to the current guidance.

There is a code of conduct for service providers of legionella control services which you can check to ensure the service you receive is of the required standard.  Code of conduct for service providers.