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
PUB 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 public houses and bars.
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?
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.