The legal requirements for legionella risk assessments are
defined under several acts:
-
The Health
and Safety at Work Act 1974
-
The
Management of Health and Safety at Work Regulations 1999
-
Control of
Substances Hazardous to Health Regulations 2002
However, the Health and Safety Executive (HSE) have released
a new document with guidance in regards to the regulations and your
responsibilities. The document is the fourth edition of the Approved Code of
Practice and Guidance on the relevant legislations.
What does the legislation
say?
As outlined in Section 3(2) of the Health and Safety at Work
Act 1974, every landlord has a duty to ensure that, as far as is reasonably
practicable, that he and other persons who may be affected by their actions are
not exposed to risks to their health and safety.
The Control of Substances Hazardous to Health Regulations
2002 provides a framework of actions to identify, assess, and implement any
necessary measures to control any risks.
What does the L8 Approved
Code of Practice say?
The ACOP has specified that landlords must conduct or have
conducted a risk-assessment. There is no recognised ‘legionella certificate’.
It is sufficient to assess the risk from exposure to Legionella to ensure the
safety of tenants with a simple assessment.
Landlords themselves can conduct the assessment themselves as
there is no need to be accredited or trained, but may also equally instruct
someone to carry it out on their behalf.
The HSE website advises of all risks and gives examples.
Below are links to the relevant legislation on the government
website.
Legionnaires’ Disease: The
Control of Legionella Bacteria in Water Systems
Legionella and Landlords’
Responsibilities
The Health and Safety at
Work Act 1974
The Management of Health and
Safety at Work Regulations 1999
The Control of Substances
Hazardous to Health Regulations 2002
