Legal Guidance on Hygiene
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Legal Guidance on Hygiene
A SUMMARY OF VENTILATION HYGIENE LEGISLATION & HSE GUIDANCE
LEGISLATION
THE HEALTH & SAFETY AT WORK ACT 1974 Places a ‘duty of care’ on all employers to “provide and maintain a working environment that is, so far as is reasonably practicable, safe and without risk to health”.
THE MANAGEMENT OF HEALTH & SAFETY AT WORK REGULATIONS 1999 (Regulation 3) place a specific duty for every employer to make a “suitable and sufficient assessment of risks to the health and safety of his employees to which they are exposed whilst they are at work and the risk to the health and safety of persons not in his employment” ~ This would include the risks associated with the ventilation systems and water systems. Such a risk assessment should be recorded and protective measures should be put in place to control any risks identified.
THE WORKPLACE (HEALTH, SAFETY AND WELFARE) REGULATIONS 1992 (Regulation 5) requires that mechanical ventilation systems used for providing general ventilation are maintained (including cleaned as appropriate). ~ If and when, these are cleaned should be defined by the risk assessment process.
HEALTH & SAFETY EXECUTIVE GUIDANCE
HSG202 GENERAL VENTILATION IN THE WORKPLACE, GUIDANCE FOR EMPLOYERS states “as a general rule, if you run your finger along the opening of a duct and it collects dust then it probably needs cleaning”. It also notes that the HVCA and CIBSE provide information on testing for likely contaminants in ductwork and on ductwork cleaning.
CONCLUSIONS REGARDING THE REGULATIONS
To ensure that your legal position is covered in terms of ventilation system hygiene, you need to define:-
- A ‘suitable and sufficient’ assessment of risk.
- When it is ‘appropriate’ to clean
- What ‘a suitable system of maintenance’ is
- What ‘suitable intervals’ for maintenance are
- What ‘a suitable record’ for the validating of the maintenance programme is.
Swiftclean are registered with the Legionella Control for the control of legionellosis.
Assistance in making these definitions can be obtained by asking Swiftclean to carry out a Free health check on your current maintenance system.
For more information on Legionella risk assessment please contact us: legionella@swiftclean.co.uk or free phone 0800 243 471.