If you are an employer or a person in control of premises, the answer is ‘yes’.
You are required to comply with:
The Health and Safety at Work etc Act 1974 (HSWA), which extends to risks from legionella bacteria, arising from work activities. The Control of Substances Hazardous to Health Regulations 2002 (COSHH) , which provides a framework of duties designed to assess, prevent or control the risk from bacteria like Legionella and take suitable precautions.
The HSE Approved Code of Practice – Legionnaires’ disease – the control of legionella in water systems (L8) 4th edition.
If I am not storing hot or cold water in my system, do I need to carry out a risk assessment?
Yes. There may be other factors within your system that increase the risks of legionellosis, e.g. deadlegs, shower heads and/or long runs of pipe work containing warm water. A risk assessment also considers the people who could be potentially exposed to any legionella bacteria in your system, as well as any particular groups that are at a higher risk of contracting legionellosis.
What is the purpose of a Legionella risk assessment?
The purpose of carrying out a risk assessment is to identify any risks in your water system. The competent person should understand your water systems and any associated equipment, in order to conclude whether the system is likely to create a risk from exposure to legionella.
What should it include?
Your risk assessment should include:
- management responsibilities, including the name of competent person and a description of your system
- potential sources of risk
- any controls in place to control risks
- monitoring, inspection and maintenance procedures
- records of the monitoring results, inspections and checks carried out
- a review date – although there is no guidance in the revised HSE ACOP on how frequently you should review the Risk Assessment, it is prudent to do so annually or earlier, if the design of the water system has changed.
If you decide that the risks are insignificant, your assessment is complete.
Who can undertake the risk assessment?
As an employer or a person in control of premises, you must appoint someone competent to help you manage your health and safety duties, e.g. take responsibility for managing risks. A competent person is someone with the necessary skills, knowledge and experience to manage health and safety, including the control measures.
You or one of your employees could carry out the risk assessment, or if you don’t have the necessary expertise, you can appoint an external contractor.
If you decide to employ an external contractor to carry out your risk assessment, remember it is still the responsibility of the competent person (you!) to ensure that the work is carried out to the required standards. Before you employ a contractor, you should be satisfied that they can do the work you want to the standard that you require.
How can I ensure that your Risk Assessors are competent to carry out the Risk Assessment?
- They have many years’ experience in carrying out Risk Assessments in all types of buildings and they work extensively in the healthcare and commercial sectors
- Their reports are fully compliant with the requirements of the HSE’s Code of Practice ‘Legionnaires’ Disease – the control of legionella in water systems’ and with the recommendations and guidance contained in BS8580:2010 – Risk assessments for legionella control
- They are active members of The Legionella Control Association (LCA) and are acknowledged for their expertise and the quality of their work.
- They provide training for personnel from other companies within the water hygiene sector in carrying out Risk Assessments to the correct standard.
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