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 premises* 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. Depending on the level of risk you may also decide to have a water sample taken which will be processed by a UKAS accredited laboratory.
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*A premise is defined as "any undertaking involving a work activity and to premises controlled in connection with a trade, business or other undertaking" (HSC Approved Code of Practice L8). Some specific examples are given below. Click on the sector that is most relevant to you for further information around your duties and responsibilities.
KEY DOCUMENTATION/REGULATION
Should you wish to read further into this subject or simply wish to verify the content of this section, please see the key documentation list below:
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Health and Safety at Work etc Act 1974 (HSWA)
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Management of Health and Safety at Work Regulations (MHSWR)
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Control of Substances Hazardous to Health Regulations 2002 (COSHH)
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The Approved Code of Practice: Legionnaires’ disease: The control of Legionella bacteria in water systems (L8)