Legionella Compliance (Law & Regulations)
Legionella Regulations including ACOP L8 & HSG274 technical guidance documents
According to the Health and Safety Executive: “Under general health and safety law, as an employer or person in control of a premises, you have health and safety duties and need to take suitable precautions to prevent or control the risk of exposure to legionella.
Details of the specific law that applies can be found in part 1 of HSG274:
Carrying out a risk assessment is your responsibility and will help you to establish any potential risks and implement measures to either eliminate or control risks. You may be competent to carry out the assessment yourself but, if not, you should ask someone with the necessary skills to conduct a risk assessment. This can be done by someone from within your own organisation or from someone outside, e.g. an external consultant.”
Following the relevant guidance documents that are issued by the Health & Safety Executive is important to ensure you are doing everything possible to reduce or mitigate the risks associated to Legionella bacteria. Sometimes it is necessary to instruct an expert to consult or complete some of the tasks required.
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A Legionella risk assessment is the first step to becoming compliant. Our guide to what a legionella risk assessment is can be found here. Once the Legionella risk assessment has been completed it may be necessary to carry out some remedial works to reduce any risks. It may also be necessary to complete some ongoing tasks such as temperature monitoring.
It is those who are responsible for the commercial premises that is legally required to ensure that regular and suitable legionella risk assessments are carried out. The Legionella risk assessment should cover all aspects of the water system.
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The regulations state that it is the responsibility of the responsible person to identify any potential sources of legionella and demonstrate that all risks have been correctly managed, either through control or prevention. Failure to comply with legionella regulations (either by failing to carry out a suitable risk assessment, failure to record data correctly or failure to take appropriate action where a risk is identified) can make you liable for prosecution and/or a substantial fine.