The Law

ACoP L8— Approved Code of Practice “The Control of Legionella Bacteria in Water Systems” is a document used in the control of Legionella in the workplace. The guidance gives practical advice on the legal requirements of the Health and Safety at Work Act 1974 and the Control of Substances Hazardous to Health Regulations 2002, concerning the risk from exposure to legionella. The document gives guidance on compliance with the relevant parts of the Management of Health and Safety at Work Regulations 1999.

It applies to ALL premises controlled in connection with a trade, business or other undertaking where water is used or stored; and where there is a means of creating and transmitting water droplets (aerosols) which may be inhaled, causing a reasonably foreseeable risk of exposure to legionella bacteria.

What is Legionnaires’ Disease?

Legionellosis is a collective term for diseases caused by legionella bacteria including the most serious legionnaires’ disease, as well as the similar but less serious conditions of Pontiac fever and Lochgoilhead fever. Legionnaires’ disease is a potentially fatal form of pneumonia and everyone is susceptible to infection.  Legionnaires’ disease is normally contracted by inhaling small droplets of water (aerosols), suspended in the air, containing the bacteria.

Who is at risk?

The risk increases with age, but some people are at higher risk, eg disabled people, people over 45, smokers and heavy drinkers, people suffering from chronic respiratory or kidney disease, diabetes, lung and heart disease or anyone with an impaired immune system.

How to comply with the law?

To comply with legal duties, duty holders should :

• Identify and assess sources of risk. Check whether conditions will encourage bacteria to multiply
• If appropriate, prepare a written scheme for preventing or controlling the risk
• Implement, manage and monitor precautions – if control measures are to remain effective, regular monitoring of the systems and control measures are essential. Monitoring general bacterial numbers and sampling for legionella are means of checking that a system is under control
• Keep records of the precautions, update and maintain them at regular intervals
• Appoint and train a competent person to have sufficient authority and knowledge of the installation to help take the measures needed to comply with the law

Responsibility

To obtain a Risk Assessment and implement a monitoring scheme, is the responsibility of duty holder or a person in control of premises. A Risk Assessment can be carried out internally, but if it is not possible or the premises are of significant size, the duty holder should call on help and advice from outside sources. A responsible person should be sufficiently trained on how to control and prevent legionella.

Valid periods

A Risk Assessment is valid for 2 years, but a review is required annually. If the premises undergo constructional changes that affects the water system a  new Risk Assessment is needed. A monitoring scheme should be reviewed annually, and  any necessary changes made to keep it effective. Monitoring should involve monthly tap temperature checks, quarterly shower cleaning and if necessary sampling for legionella. Tanks should be cleaned as necessary by inspection Every two years for budgetary purposes .

Non-compliance

Failure to comply with the law can result in an out break. If an outbreak happens a company, institution or organisation who fail to show preventive measures in place will be prosecuted. Any company involved in Legionella cases will suffer significant reputational problems, and financial and market loss.

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Written by: Aqua Analyse