Who’s qualified to carry out a Legionella risk assessment?
Every good business owner knows the vital necessity of health and safety regulations compliance – and the deadly risks of ignoring it.
Here at Dynamika, we love to bang the drum for legionella control and the importance of carrying out a legionella risk assessment (or LRA).
But to do it by the book, you need someone who’s qualified for the job.
Who can legally perform a legionella risk assessment?
For this guide, we’ll be referencing ACoP L8; the Health and Safety Executive’s approved code of practice for control of legionella in water systems.
(We’ll also be touching upon the technical guidance set out in HSG274.)
Who’s responsible for ensuring a legionella risk assessment is carried out?
To remain in compliance with the Health and Safety At Work Act, at least one ‘dutyholder’ must ensure that a full legionella risk assessment is carried out and regularly reviewed.
According to ACoP L8, the dutyholder can be:
“(a) the employer, where the risk from their undertaking is to their employees or others; or
(b) a self-employed person, where there is a risk from their undertaking to themselves or others; or
(c) the person who is in control of premises or systems in connection with work, where there is a risk from systems in the building, eg where a building is let to tenants, but the landlord keeps responsibility for its maintenance.”
In other words, the dutyholder might be an employer, a self-employed individual, a landlord, a building manager, or potentially anyone in a management position within an organisation.
Keep in mind that in most cases, the ‘dutyholder’ will not be the person actually carrying out the LRA. Many dutyholders will delegate the task to another employee or third party, referred to as the ‘responsible person(s)’.
It’s also not uncommon for a single business or location to have multiple dutyholders and responsible persons.
Any control measures arising from risk assessments must be clearly assigned, with transparent agreements between dutyholders/responsible persons over which individuals are responsible for which duties/areas.
Who is qualified to carry out a legionella risk assessment?
There’s no strict qualification needed for legionella risk assessors; the only requirement is that the assessor is considered ‘competent’ to carry it out.
Again, to quote from the ACoP L8:
“The dutyholder must ensure that the person who carries out the risk assessment and provides advice on prevention and control of exposure must be competent to do so.”
But what does ‘competent’ even really mean in this context?
The HSE broadly defines competence as follows:
“Competence can be described as the combination of training, skills, experience and knowledge that a person has and their ability to apply them to perform a task safely. Other factors, such as attitude and physical ability, can also affect someone’s competence.”
In terms of LRAs, the responsible person(s) must:
- have knowledge of the different water systems at the premises and their functions,
- understand the deadly nature of Legionella and the conditions that can contribute to its growth/spread,
- be able to spot and record the potential Legionella risks present at the premises, and
- be able to recommend and record appropriate control measures to prevent/manage legionella growth and spread.
What do I need to do to ensure competency from my responsible person(s)?
A reminder: while the responsible person(s) might share some of the blame if something goes wrong, it’s ultimately up to the dutyholder(s) to ensure the competency of any employee or service provider that they appoint to manage the risk assessment process.
And of course, the person(s) responsible for implementing control measures identified in the LRA – often the same person(s) carrying out the risk assessment itself – must also have the necessary competency to perform the control operations.
That means they not only need the skills and knowledge to perform the necessary control operations, but also the authority to do so.
It’s no good appointing a responsible person to prevent potentially deadly legionella growth, if that person’s efforts are constantly blocked or undermined by your own corporate hierarchy.
For most dutyholders, responsibilities might include:
- Reviewing employees’ levels of expertise and providing any necessary training
- Documenting evidence of competency prior to risk assessments and control measures being undertaken
- Checking and verifying the qualifications and credentials of third-party contractors
- Providing third-party contractors unfamiliar with your premises with relevant info on your site’s water systems
- Ensuring employees/contractors have the necessary authority to inspect water facilities and implement control measures
Can I do a Legionella risk assessment myself (or appoint an existing employee to do it)?
That depends on the size, complexity and risk levels of your particular premises.
For smaller premises with simple water facilities (eg. offices and residential properties), the level of competency required is fairly low-level. With some basic training, a regular employee can meet the standards to carry out a sufficient LRA.
The competency ceiling gets higher when it comes to larger business premises with more complex water needs. In these cases, hiring a professional third-party contractor with expertise in larger-scale legionella risk assessments is often the safest bet.
Need a LRA for your business or organisation?
Dynamika’s water quality professionals offer expert legionella risk assessments and control measure proposals across the south of England. Find out more today – call us on 03333 22 0800 or get in touch online!