Understanding and Complying with Legionella Regulations

Legionella is a dangerous form of bacteria that can cause Legionnaires’ disease; a severe form of pneumonia that can cause fever, cough, and shortness of breath. Legionella is most commonly found in purpose-built water systems, such as cooling towers, evaporative condensers, hot and cold water systems and spa pools.

Understanding the risks associated with Legionella and ensuring you comply with all regulations is essential. Not only will it help to limit the risk of exposure to tenants and members of staff but it will protect your water systems and keep the level of risk managed and controlled.

Complying with Legionella Regulations

If you are a landlord or responsible for the upkeep and maintenance of your premises, you are legally obligated to carry out a Legionella risk assessment. The assessment will identify any potential sources of Legionella bacteria growth and evaluate the water system, its maintenance and operation and an analysis of the exposure risk.

Not only this but there are a number of other obligations required from a building operator or owner to ensure that you are legally compliant:

The Health & Safety Work Act 1974

The Health & Safety Act 1974 requires employers to ensure the health, safety and welfare of their employees at work. It is also the employer’s duty to take appropriate measures to prevent or control the risk of exposure to Legionella under section 3 of the act.

The Control of Substances Hazardous to Health Regulations 2002

Under this act, an employer must not carry out any works that are liable to expose their employees to hazardous substances unless sufficient risk assessments and necessary steps have been taken.

Legionella bacteria is classified as a hazardous substance and therefore a risk assessment is essential to a safe and controlled environment.

The Management of Health and Safety at Work Regulations 1999

These regulations also apply to Legionella control in that employers are required to have access to competent help in establishing the provisions of health and safety law. This includes creating procedures that are understood and followed by all employees who share the workspace.

HSE’s ACoP L8 – The Control of Legionella Bacteria in Water Systems

The most relevant regulation to be aware of is the Health and Safety Executive (HSE) approved code of practice (ACoP) L8. This is a document that provides practical guidance on being compliant with the law and risk control in relation to Legionella bacteria.

Within this code of practice, conducting a legionella risk assessment is the starting point and is the process which allows you to pinpoint all potential risks in your water system, and in turn, you can then take the necessary steps to reduce the risks or eliminate them entirely.

The document also offers guidance on control measures for legionella bacteria and the responsibilities of the duty holder. The ACoP L8 makes recommendations on selecting a responsible person and their role in managing legionella risks. It is the responsible person’s duty to ensure that regular reviews of the risk assessment and control measures are carried out, and any necessary changes made.

Whilst it is not mandatory to comply with ACoP L8, it is widely regarded as best practice and is therefore recommended that the guidance is followed to best ensure the appropriate measures are being taken.

Leading Environmental consultancy<

The control of Legionella can be challenging. Franks Portlock provides comprehensive Legionella risk assessments and as members of the Legionella Control Association. As members we are audited each year to ensure the service we provide meets the strict criteria set by the LCA. Speak to a specialist today to get some advice.