What Are Your Legal Requirements?
Building owners are responsible for their work premises under Health and Safety at Work etc Act 1974 (sections 2, 3, 4 &6), Control of Substances Hazardous to Health (COSHH) Regulations 2002 (Regulations 6,7,8,9 &12) and Management of Health and Safety at Work Regulations 1999 to protect the health and safety of not only their employees but for all those who are at risk including members of public. The Health and Safety Commission's Approved Code of Practice (ACoP) L8 is a guideline document for the prevention and control of legionellosis in water systems and has a special legal status by which the employer can be prosecuted, fined or even imprisoned, if it is proved that you did not follow the relevant provisions of the Code.
It requires that landlords and employers must carry out 'a suitable and sufficient assessment' to assess the risk of exposure to legionella from workplace activities and water systems in the premises. In practice, this means you must:
• Identify and assess the risks. Look for water stored between temperatures between 20 0 C and 45 0 C. This includes installations such as showers that can distribute droplets of water.
• Prepare a scheme to prevent or control the risk.
• Nominate a responsible person to manage the scheme and keep records.