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
EMPLOYERS AND COMMERCIAL LANDLORD RESPONSIBILITIES
The HSE approved code of practice (L8) advises that individuals, 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. This includes but is not limited to office blocks and other places of work.
LEGIONELLA RISK ASSESSMENTS - WHAT AM I REQUIRED TO DO?
As an employer you are required to keep a written control scheme and your responsibilities under a this scheme include but are not limited to:
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The identification and assessment of sources of risk
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The management of any risks
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The prevention or control of any risks
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Keeping and maintaining correct records
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You must appoint somebody competent to help you meet your health and safety duties and to take responsibility for controlling any identified risk from exposure to legionella bacteria. A competent person, often known as the responsible person, is someone with sufficient authority, competence, necessary skills, knowledge of the system and experience. The appointed responsible person should carry out a thorough Legionella Risk Assessment and could be one, or a combination of:
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Yourself
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One or more workers
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Someone from outside your business
DO I NEED A WATER SAMPLE?
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. However, please be aware that water sampling is an additional cost and it is cheaper to have it done with the Legionella Risk Assessment, rather than requesting this at a later date if the risk assessment indicates there is a high chance bacteria could be present in your water system.