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
DO I NEED A LEGIONELLA RISK ASSESSMENT?
If you are an employer or person who is in charge of a building connected with a trade, business or other undertaking of any size where any customer, member of staff or the public are exposed to water, you require a Legionella Risk Assessment and a written scheme to prevent/control the risk of Legionella. ​
Below are listed a few examples of businesses that would require a Legionella Risk Assessment:
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Gyms
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Community Centres
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Leisure Centres
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Hotels/B&Bs
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Nightclubs
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Hospitals
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Holiday Parks
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Camping Parks
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Sports Pavillions
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Restaurants
DO I NEED A WATER SAMPLE?
For non domestic premises, if an initial assessment demonstrates that there is no reasonable foreseeable risk, the risk is unlikely to increase and is properly managed then there is no requirement to have a water sample taken. However, you are still required to put appropriate control measures in place, to minimise the risk of exposure to bacteria. You must bear in mind that some individuals may be particularly vulnerable to infection (see the below section on 'Who is vulnerable?') which may influence your decision to have a 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.
YOUR RESPONSIBILITES
Whether you are safeguarding employees, customers or members of the community you are required to keep a written control scheme and your responsibilities under 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
WHO IS VULNERABLE?
Those at high risk from contracting Legionnaires’ disease include older people, those with respiratory disorders and the immuno-compromised. It could be that you have members of staff who would fall under these categories or pupils. Particularly in the case of pupils, it is prudent to assume that some may fall into one of these categories and to safeguard against any potential risk.
WHAT HAPPENS IF I DON'T MEET MY OBLIGATIONS?
The consequences can be serious. Heavy fines can be imposed if you fail to do so and if someone was unfortunate enough to die from Legionnaires' disease contracted on your premises you could even face a custodial sentence.
WHAT'S NEXT?
Contact us today, using our details below, to discuss your requirements.