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SUMMARY
A legionella risk assessment is an inspection of the plumbing system in a residential property. To ensure that the risk of legionella contaminating the water is low, a specialist must check that the plumbing standards are met structurally and through a temperature assessment. A risk assessment only takes about 20 minutes to complete.
Landlords are required to understand legionella and its risks, prevent and control any risks in the property, and keep a thorough record of all assessments and any issues that arise over time.
CURRENT LEGISLATION
The current legislation for Legionnaire’s disease is as follows (from the hse.gov.uk help document)
Legionnaires’ disease: The control of legionella bacteria in water systems. Approved Code of Practice1 gives specific information on the health and safety law that applies. In brief, general duties under the Health and Safety at Work etc Act 1974 (the HSW Act)2 extend to risks from legionella bacteria, which may arise from work activities. The Management of Health and Safety at Work Regulations 1999 provide a broad framework for controlling health and safety at work (see www.hse. gov.uk/risk for more information). More specifically, the Control of Substances Hazardous to Health Regulations 2002 (COSHH)3 provide a framework of duties designed to assess, prevent or control the risks from hazardous substances, including biological agents such as legionella, and take suitable precautions.
The essential elements of COSHH are:
■ risk assessment;
■ prevention of exposure or substitution with a less hazardous substance if this is possible, or substitute a process or method with a less hazardous one;
■ control of exposure where prevention or substitution is not reasonably practicable;
■ maintenance, examination and testing of control measures, eg automatic dosing equipment for delivery of biocides and other treatment chemicals;
■ provision of information, instruction and training for employees;
■ health surveillance of employees (where appropriate, and if there are valid techniques for detecting indications of disease) where exposure may result in an identifiable disease or adverse health effect.
Under general health and safety law, duty holders including employers or those in control of premises, must ensure the health and safety of their employees or others who may be affected by their undertaking. They must take suitable precautions to prevent or control the risk of exposure to legionella. They also need to either understand, or appoint somebody competent who knows how to identify and assess sources of risk, manage those risks, prevent or control any risks, keep records and carry out any other legal duties they may have.
Employers must be aware of other legislation they may need to comply with, which includes the Notification of Cooling Towers and Evaporative Condensers Regulations 1992;4 Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR);5 the Safety Representatives and Safety Committees Regulations 1977 and the Health and Safety (Consultation with Employees) Regulations 1996.
Notification of Cooling Towers and Evaporative Condensers Regulations 1992
These Regulations require employers to notify the local authority, in writing, if they operate a cooling tower or evaporative condenser and include details about where they are located. The Regulations also require notification when such devices are no longer in use. Notification forms are available from your local environmental health department.
Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR)
These regulations require employers and those in control of premises to report accidents and some diseases that arise out of or in connection with work to HSE. Cases of legionellosis are reportable under RIDDOR if a medical practitioner notifies the employer; and the employee’s current job involves work on or near cooling systems that are located in the workplace and use water; or work on water service systems located in the workplace, which are likely to be a source of contamination. For more information, see HSE guidance at www.hse.gov.uk/riddor/index.htm.
The Safety Representatives and Safety Committees Regulations 1977 and the Health and Safety (Consultation with Employees) Regulations 1996
These regulations require employers to consult trade union safety representatives, other employee representatives, or employees where there are no representatives, about health and safety matters. This includes changes to the work that may affect their health and safety, arrangements for getting competent help, information on the risks and controls, and the planning of health and safety training.
Helpful links:
Part 2: The control of legionella bacteria in hot and cold water systems
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