LANDLORD RESPONSIBILITIES
The HSE approved code of practice (L8) advises that individuals, who provide residential accommodation or who are responsible for the water system(s) in their premises, are required to ensure that the risk of exposure to Legionella in those premises is properly controlled. Subsequently, landlords of residential accommodation have a responsibility to safeguard their tenants.
WHAT AM I REQUIRED TO DO?
The Control of Substances Hazardous to Health Regulations 2002 (COSHH) provides a framework for controlling risk of all biological agents (including Legionella). A Landlords responsibility is to identify the risk, either themselves or through a responsible person and implement any necessary measures to control any risk.
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A competent person is someone with sufficient authority, competence, necessary skills, knowledge of the system and experience.
DO I NEED A WATER SAMPLE?
A sample is not usually required for domestic hot and cold water systems. It may be required in specific circumstances (Part 2, Para 120)
WHAT HAPPENS IF I DON'T MEET MY OBLIGATIONS?
The consequences can be serious. As a landlord you are legally required to manage properties, so as not to expose tenants, residents and visitors to risk. Heavy fines can be imposed if you fail to do so and if someone was unfortunate enough to die from Legionnaires' disease contracted at your property you could even face imprisonment. The risk of this occurring is higher in vulnerable groups of people.
Legionella
Leeds
CARE INDUSTRY RESPONSIBILITIES
The HSE approved code of practice (L8) advises that individuals, who provide residential accommodation or who are responsible for the water system(s) in their premises, are required to ensure that the risk of exposure to Legionella in those premises is properly controlled.
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Legionella bacteria are widespread in natural water sources. However, outbreaks of Legionnaires' disease occur from exposure to Legionella growing in purpose-built systems where water is maintained at a high enough temperature to encourage growth (between 20–45 °C) and where there are nutrients that support bacterial growth such as rust, sludge, scale, organic matter and biofilms.
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Often in care homes and other care settings, Thermostatic Mixing Valves (TMVs) are used to regulate temperature to prevent scalding injuries which in turn can lead to the creation of conditions perfect for the bacteria to thrive.
LEGIONELLA RISK ASSESSMENTS - WHAT AM I REQUIRED TO DO?
A competent person (often referred to as the 'responsible person'), who understands the water systems and any equipment associated with it, should conduct a Legionella Risk Assessment to understand the risks of your hot and cold water systems and advise on whether adequate measures are in place to control the risk of exposure to Legionella bacteria. To achieve this, you are required to have a written control scheme and you may need to develop a simplified but accurate illustration of the layout of the water system, ie a schematic diagram.
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The responsible person could be:
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- You
- An employee at the premises
- An external party
DO I NEED A WATER SAMPLE?
It is common for care homes and other care settings to request a water sample is taken for extra security and peace of mind, given that residents are particularly at risk if they catch Legionnaires' disease and TMVs create the ideal conditions for Legionella bacteria to grow. However, this is your choice and if an initial assessment demonstrates that there is no reasonable foreseeable risk and the risk is unlikely to increase and is properly managed then there is no requirement to have a water sample taken. Please be aware that water sampling is an additional cost and it is cheaper to have it done with the risk assessment, rather than requesting this at a later date if the Legionella Risk Assessment indicates there is a high chance bacteria could be present in your water system.