Legionella Compliance

The Health and Safety at Work etc Act 1974 details wide-ranging duties on employers. For example, employers must protect the health, safety and welfare of all their employees, visitors and the general public.

The Act allows the government to issue regulations, guidance and Approved Codes of Practice for employers. These set out detailed responsibilities for employers in every aspect of workplace health and safety, including ensuring commercial businesses and workplaces meet national standards for air and water hygiene.

COSHH regulations provide a framework to help protect people in the workplace against health risks from hazardous substances, this includes the legionella bacterium. The regulations place a duty on employers to assess and manage risks to their employees, and ensure all employees are working safely in accordance with their training and instructions given to them.

The Management of Health and Safety at Work Regulations 1999 places a duty on employers to assess and manage risks to their employees and others arising from work activities. The main employer duties include making assessments of risk to the health and safety of the workforce, how to act upon risks they identify and how to reduce them.

The HSE published a document, known as Legionnaires’ disease – The control of legionella bacteria in water systems (L8 fourth edition 2013), which includes the Approved Code of Practice and guidance on regulations. It’s aimed at duty holders, including employers, those in control of premises and those with health and safety responsibilities for others, to help them comply with their legal duties in relation to legionella control.

The Legionnaires’ disease document outlines the guidance on regulations, including:

• Identify and assess sources of risk
• If appropriate, prepare a written scheme for preventing or controlling the risk
• Implement, manage and monitor precautions
• Keep records of the precautions
• Appoint a competent person with sufficient authority and knowledge of the installation to help take the measures needed to comply with the law

Under The Health and Safety (Fees) Regulations 2012, those who break health and safety laws are liable for recovery of HSE’s related costs, including inspection, investigation and taking enforcement action. This enables the HSE to recover the cost of a visit to any premises where a ‘material breach’ has been identified. A material breach is:

• No legionella risk assessment in place
• No appointed person to manage equipment deemed to be a legionella risk
• Lack of documentation for legionella monitoring programme
• Signs of organic contamination or scale in a water system

The HSE charge £124 per hour for their Fees for Intervention programme. Since its introduction in 2012, £2.67million has been invoiced to UK businesses and organisations, demonstrating a high level of ignorance amongst those responsible for building maintenance as to the serious nature of non-compliance.

In the UK, the main Legionella regulations are supported by primary health and safety laws which include:

• The Health and Safety at Work etc Act 1974
• Management of Health and Safety at Work Regulations 1999
• Control of Substances Hazardous to Health (COSHH) Regulations 1999

If you’re wondering if your business is Legionella compliant, Swiftclean are here to help. We can deliver all of your Legionella compliance solutions, testing and risk assessments all under one roof.

To find out if your building is compliant with the latest guidance documents, check out our free compliance checkers.

All water systems are vulnerable to bacterial contamination, such as Legionella. Under health and safety legislation, businesses are required to ensure people on or around the site are protected – which is where we come in to help!

Our team of experienced technicians have an in-depth understanding of the regulatory and compliance procedures, so let us help your commercial businesses and manage the associated risks to ensure that you comply with all relevant legislation – leaving you free to focus on your business.

If you require further information or support regarding the control of Legionella in building water systems, please call us today on 0800 243 471 or get in touch with us today.