Legionella Surveys

Regulations

The HSE guidance document Legionnaires’ disease: The control of legionella in hot and cold-water systems (HSG 274) states that

“All water systems require a legionella risk assessment”

and

“It is a legal duty to carry out an assessment to identify and assess whether there is a risk posed by exposure to legionella from the hot and cold-water system or any work associated with it”

The HSE guidance document HSG 274 is enforceable under the Health & Safety at Work Act 1974 and COSHH Regulations 2002 (Control of Substances Hazardous to Health).

Please note that under the Corporate Manslaughter and Corporate Homicide Act 2007, companies can be found guilty of corporate manslaughter in circumstances where management failings result in a gross breach of their duty of care.

The HSE guidance also states that all water systems require a legionella risk assessment and the responsibility lies with employers, those in control of premises and those with health and safety responsibilities for others. This will include persons who are

Responsible for business premises

An employer or self-employed with business premises

A landlord (residential and commercial)

Responsible for a part of a dwelling where that part is used for business purposes

Providing accommodation for paying guests.

A legionella risk assessment is the first stage in determining the risk posed by your water systems and fulfilling your legal obligations with regards to the control of legionella.

It is the responsibility of the statutory duty holder to ensure a legionella risk assessment is undertaken, and, that there is a suitable legionella control regime in place so as to

Prevent the proliferation of legionella in the water systems and

Reduce so as far is reasonably practicable exposure to aerosols and water droplets

Where there are five or more employees, the significant findings of the assessment must be recorded. All legionella monitoring and inspection records should be retained for at least five years.