Are legionella risk assessments mandatory?
Running a commercial business or managing your own rental property portfolio is hard work.
In the day-to-day rush, it’s easy for legal and safety compliance issues – such as legionella control and risk assessments – to end up on the back burner.
But can your business really afford to neglect its safety responsibilities?
We’ve covered some of the questions surrounding mandatory legionella risk assessments below.
What is Legionella?
Legionella is a bacteria which can grow in poorly-maintained water systems in buildings and can spread Pontiac fever or even potentially deadly Legionnaire’s disease.
We’ve put together a more in-depth article covering legionella and Legionnaire’s disease which you can read here.
What is a legionella risk assessment (LRA)?
As the name suggests, a legionella risk assessment identifies potential legionella exposure hazards and recommends measures for preventing or controlling exposure.
LRAs usually involve at least a basic visual inspection of the property or site. Depending on the complexity of the systems and the level of risk, the risk assessment may also involve:
- a review of any previous risk assessment documentation,
- consultation with all those involved in controlling the risks of exposure, and/or
- water testing for any traces of legionella growth
Are legionella risk assessments mandatory for businesses?
Yes. Legionella risk assessments are mandatory for employers and business owners.
You’re legally obliged to carry out an LRA under:
- the Health and Safety at Work Act 1974 (HSWA),
- the Management of Health and Safety at Work Regulations 1999 (MHSWR),
- the Control of Substances Hazardous to Health Regulations 2002 (COSHH), and
- the Approved Code of Practice L8 (ACoP L8) concerning the control of legionella bacteria in water systems.
The extent of the risk assessment required, however, will vary depending on your particular business type and premises.
Some small offices with basic domestic-type hot and cold water systems will likely only need a simple assessment, while large commercial premises with complex water systems will definitely need a more thorough assessment.
To quote the ACoP L8 (emphasis ours):
A suitable and sufficient assessment must be carried out to identify and assess the risk of exposure to legionella bacteria from work activities and water systems on the premises and any precautionary measures needed.
In any case, the risk assessment should cover all water systems present in the building; including external fittings such as rooftop cooling towers.
Are legionella risk assessments mandatory for landlords and building managers?
Yes. Since landlords are considered business owners by the HSE, they’re required to carry out a legionella risk assessment by law.
This includes owners and managers of private rented accommodation, commercial buildings, and buildings which are open to the public.
Again, when it comes to simple residential properties, the risk of legionella growth is low and the scope of the risk assessment required might be as simple as basic visual checks.
What happens if I don’t carry out a legionella risk assessment?
If you fail to keep up with your legal obligation to have an up-to-date risk assessment, and your employees, tenants or other people get ill as a result, you could find yourself on the hook from criminal charges from the Health and Safety Executive (which could result in hefty fines or even prison sentences).
In addition, the individual(s) affected by your negligence can go after you in a civil court of law for compensation.
In short, there’s serious consequences for neglecting or avoiding your legionella control responsibilities; so make sure you keep up to date!
Are legionella risk assessments mandatory for homeowners?
No. If you’re a homeowner, there’s no need to carry out an LRA; although you might need one if you run a business from your home and/or rent part of your home out to tenants.
What about legionella test certificates?
A legionella risk assessment is not the same thing as a legionella certificate. In fact, in the eyes of the Health and Safety Executive, there is no such thing as a legionella certificate.
There is no legal requirement to hold a legionella certificate. You’re only legally required to carry out a risk assessment, and to prevent or control the risks outlined in the risk assessment (which may include frequent water testing, depending on the level of risk).
If you have five or more employees, you should keep records of your risk assessments. If you have fewer employees, there’s no requirement to keep records; but it’s still a good idea to do so in order to keep track of assessments.
Who can carry out a legionella risk assessment? Can I do it myself?
The law simply states that the person carrying out the LRA should be ‘competent’.
In other words, they should:
- understand the water systems at the property or site,
- understand how legionella can grow and present a health hazard,
- recognise the potential legionella risks present at the property or site, and
- be able to recommend appropriate measures for preventing or controlling legionella exposure.
Small office owners and landlords of simple residential properties may be competent enough to carry out their own risk assessments; although it’s still a good idea to seek out a professional risk assessor, as they may be able to spot risks that would go unchecked by a less experienced person.
When it comes to more complex water systems, you’ll often need a professional risk assessor to fulfil the ‘competent person’ role.
How often should legionella risk assessments be carried out?
To quote the ACoP L8 again:
You need to review the assessment regularly and specifically when there is reason to believe that the original risk assessment may no longer be valid. You should also review management and communication procedures as appropriate.
Formerly, HSE recommended that a new risk assessment should be carried out every two years. That requirement has since been dropped from later editions of the ACoP L8, since some low-risk sites may require less frequent assessments; while higher-risk sites may require more frequent ones.
Changes which might affect the previous risk assessment’s validity may include:
- Water system change of use
- Water system modifications or additions
- Building change of use
- Any change in key staff
- Any checks or test results which indicate that current control measures are not working effectively
- New availability of information regarding risks or control measures
- Case(s) of legionellosis or Legionnaire’s disease traced back to the water system
Need help with your risk assessments?
Dynamika’s water safety specialists can provide regular legionella risk assessments across the South – as well as UKAS laboratory water testing and pipe/tank chlorination services – to help you keep your business or property safe from harmful legionella.
Call us on 03333 22 0800 or get in touch online to arrnage a consultation today.