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Following lengthy debates and meetings to discuss the Control of Legionella in landlord owned /tenant occupied premises. We have prepared for you the following response with regards to the Scope and Application of Legionella Legislation based on the current Approved Code of Practice (L8) “The control of Legionella bacteria in water systems”. Having asked how the Legislation applies to premises owned by housing associations or councils and rented to tenants for occupation on a domestic basis. This includes Council housing and sheltered accommodation.
I have highlighted in italics the appropriate sections from the guide as applicable to the question.
Application
18 - This Approved Code of Practice applies to the control of legionella bacteria in any undertaking involving a work activity and to premises controlled in connection with a trade, business or other undertaking where water is used or stored and where there is a means of creating and transmitting water droplets which may be inhaled, thereby causing a reasonably foreseeable risk of exposure to legionella bacteria.
19 - A reasonably foreseeable risk of exposure to legionella bacteria exists in:
(c) - hot and cold water systems;
20 - Not all of the systems listed in paragraph 19 will require elaborate assessment and control measures. A simple risk assessment may show that the risks are low and in such case no further action will be necessary. Examples include small, domestic-type water systems where temperatures and turnover are high, or where instantaneous water heaters are used.
21 - A water system includes all plant/equipment and components associated with that system, eg all associated pipe-work, pumps, feed tanks, valves, showers.
Identification and Assessment of the Risk
Regulations that are applicable
Control of Substances Hazardous to Health Regulations 1999, regulation 6.
Management of Health and Safety at Work Regulations 1999, regulation 3.
Health and Safety at Work etc. Act 1974, sections 2, 3 and 4.
ACOP L8 Requirements
23 - A suitable and sufficient assessment is required to identify and assess the risk of exposure to legionella bacteria from work activities and water systems on the premises and any necessary precautionary measures. The assessment is carried out by or on behalf of:
(c) - the person who is in control of premises or systems in connection with work where the risk is present from systems in the building (e.g. where a building is let to tenants but the landlord retains responsibility for its maintenance).
24 - In conducting the assessment, the person on whom the statutory duty falls is required to have access to competent help to assess the risks of exposure to legionella bacteria in the water systems present in the premises and the necessary control measures.
25 - The assessment should include identification and evaluation of potential sources of risk and:
(a) - the particular means by which exposure to legionella bacteria is to be prevented; or
(b) - if prevention is not reasonably practicable, the particular means by which the risk from exposure to legionella bacteria is to be controlled.
26 - Where the assessment demonstrates that there is no reasonably foreseeable risk or that risks are insignificant and unlikely to increase, no further assessment or measures are necessary. However, should the situation change, the assessment needs to be reviewed and any necessary changes implemented.
27 - The assessment needs to be reviewed regularly and, in any case, whenever there is reason to believe that the original assessment may no longer be valid.
Nant Ltd’s Recommendations:
The Legislation is applicable to all premises owned and / or controlled by the XXXXX
This includes housing and sheltered accommodation.
Housing
With regards to normal domestic housing a simple risk assessment would suffice and it would likely conclude that the risks are low and as such no further action would be necessary.
A typical council owned property is likely to contain small, domestic-type water systems where temperatures and turnover are high. Where combination boilers (supplied from mains cold water) are installed then this reduces the risk even further.
A simple check sheet could be devised that would enable a very quick assessment to be carried out, the outcomes of which would constitute a simple risk assessment. This could be achieved in a number of ways:
Combined with a new tenant handover procedure providing information on how to maintain a clean water system and an asset register of what system are in place.
Undertaking a generic risk assessment of like premises, carrying out sample assessments of about 10% of the properties.
Nant ltd would be able to devise an appropriate check sheet, provide guidance as to the interpretation of the outcomes and to assist in undertaking the assessments. We would be happy to discuss this further with you, perhaps at a face to face meeting at your office at a time convenient to you.
Sheltered Accommodation:
By its nature sheltered housing contains many elderly and frail tenants that are likely to suffer serious health problems if exposed to harmful bacteria (including Legionellosis bacteria).
A more detailed risk assessment should be undertaken and the means by which Legionella is to be controlled should be considered.
Sheltered accommodation falls generally into three main categories:
1. Single dwellings such as bungalows or apartments in small units with no physically attached communal facilities or persons engaged in work activities. The water systems in these premises being self contained.
2. Apartments in larger blocks where there is usually some form of communal areas and services available, such as providing meals or hairdressing services and where wardens are likely to be on site. The water systems may be common to all or some areas or individually to each apartment.
3. As 2 above but where “Extra Care” facilities are present and nursing for some residents is provided.
We recommend the following actions:
All sheltered housing should receive a detailed risk assessment either individually or as part of a larger site assessment (as those currently provided). This assessment should be reassessed every two years as required by ACOP L8.
Following the risk assessment a scheme of work should be agreed and implemented to maintain clean water systems in each premises. The assessment and resulting scheme of work should take into consideration the vulnerability of the persons at risk. Therefore, for category 3 premises as detailed above a greater level of control measures would be required than for level 1.
Consultation with Health and Safety Executive:
We contacted the Health and Safety Executive on the 30th May 2007 to seek their opinion as to the scope and application of the legislation.
Inspector: David Brown
Telephone: 08456018641
Office: Biological Agent Unit, Liverpool.
He agreed with our interpretation with regards to the scope and application of the Legionella legislation.
Agreed that domestic housing requires assessment and that a simple risk assessment is appropriate. He suggested that a generic approach could be taken to assess like property. A rolling plan of carrying out random assessments to validate the generic assessments would be a sensible and reasonable approach.
From the councils perspective it would be sensible as part of a maintenance / updating program to replace existing tank based water systems with mains fed combination boilers as this would dramatically reduce the overall risk.
I hope that this information has been of assistance to you. Should you require any more information or wish to have a meeting to discuss any matter in more detail then please do not hesitate to contact us.
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