Legal Overview

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.

Am I responsible?

The HSE guidance sates 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

What do I need to do?

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 dutyholder 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. 

How can we help?

Salvum Ltd have a wealth of expertise in this field and our experienced consultants will carry out a comprehensive assessment based on the mechanical, operational, chemical and management aspects of your water systems. Our bespoke reports include details of the following:

• Conditions of water systems on site
• Level of risk associated with systems
• List of recommendations detailing remedial actions required to attain compliance with the current legislation
• Validity of legionella control scheme and records
• An up to date water asset register
• Schematic drawings of water systems
• Water temperature profiling of site
• Details of management personnel
• Schedule of legionella control tasks

The microbiological analysis of water samples is available upon request and undertaken by a UKAS accredited laboratory.

What is Legionnaires’ disease?

Legionnaires’ disease is a potentially fatal form of pneumonia caused by the bacterium Legionella pneumophila. Legionella bacteria can also cause less serious illnesses such as Pontiac Fever and Lochgoilhead Fever, which are not necessarily fatal or permanently debilitating. The diseases caused by legionella and related bacteria are known as Legionellosis’.

The bacterium Legionella pneumophila serogroup 1 is the most common cause of Legionnaires’ disease. The first reported outbreak occurred in 1976 among attendees at an American Legion Convention in Philadelphia. A total of 221 people were infected, of which 34 died. More recently, outbreaks have been reported in Carmarthen, Stoke and Edinburgh.