Legionella Guidance and Legislation
In November 2013 the HSE released the 4th edition of the ACOP L8. The code of practice has been released by the HSE with the consent of the Secretary of State. It gives practical advice on how to comply with the law. If you follow its advice you will be doing enough to comply with the law in respect of those specific matters on which the code gives advice. The code of practice is not law but it does have a special legal status. If you are prosecuted for a breach of health and safety law, and it is proved that you did not follow the relevant provisions of the code of practice, you will need to show that you have complied with the law in some other way or a court may find you at fault.
The HSE's ACOP L8 Supports the Requirements of
The Health and Safety at Work Act 1974
Control of Substances Hazardous to Health Regulations 2002
The Management of Health and Safety at Work Regulations 1999
In support of the legal requirements of the regulations and the HSE's ACOP L8 the HSE have released technical guideance HSG 274. Prior to the release of the 4th edition on the ACOP L8 was known as part 2 of the ACOP L8. The guidance was split to ensure measures we applied and carried out correctly.
Technical Guidance HSG 274
HSG 274 is split into 3 sections. This to make sure the guidance is clear and applied correctly.
- Part 1 covers "Evaporative Cooling Systems".
- Part 2 covers "Hot and Cold Water Systems".
- Part 3 covers "Other Risk Systems".
The keys points of the HSE's ACOP L8 and HSG 274 are that;
- All businesses, organisations and landlords need to protect employees, visitors, tenants and the general public against Legionella. There are no exceptions.
- There is no exclusion for the size, number of staff or type of organisation. The requirements of the ACOP L8 covers all businesses, domestic rented properties, charities, not for profit and sport clubs.
- That Duty Holders which includes landlords, managers and business owners are ultimately responsible for any failings which includes failures on the behalf of contractors.
- The Duty Holder must ensure all those involved are "technically competent" which includes all staff and the use of contractors.
- Risk assessments must be carried out at least once every 2 years and be regularly reviewed.
- Suitable control & prevention measures need to be carried out and recorded by a "technically competent" person who knows how to ensure the measures are still being effective.
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