1.1     Policy Statement            

This document relating to Legionella, its associated hazards, and procedures, has been formally approved and adopted as Buckinghamshire Council Policy.  It updates any previous Legionella Policy Statements and applies to all Council premises, employees, consultants, and any contractors employed by the Council or its agents.

• Buckinghamshire Council (BC) recognises the importance of the legal requirement to manage the risk from Legionella and is committed to protect from any possible exposure to Legionella bacteria not only its own employees, but also other persons who may be affected by its undertakings.
• This policy and procedure document has been produced in order to ensure, so far as is reasonably practicable, that the above objective is achieved by detailing the action to be taken in respect of water systems with a potential to harbour Legionella bacteria in Council buildings;
• The Council requires the co-operation of all employees in ensuring the guidance contained within this policy is complied with at all times. This policy and procedure document will be kept under review and revised as necessary.

1.2     Legal Requirements

There are three main pieces of Legislation that apply to the risk from Legionella bacteria. These are:

• The Health and Safety at Work (etc.) Act 1974 (HASAWA).
• Management of Health and Safety at Work Regulations 1999.
• The Control of Substances Hazardous to Health Regulations 2002 (COSHH)

In addition to the above, guidance issued by the Health and Safety Executive will be taken into account Legionnaires’ disease The control of Legionella in Water Systems Approved Code of Practice and Guidance on Regulations L8

The Approved Code of Practice L8 gives practical advice on controlling the risk from exposure to Legionella bacteria, (the causative agent of legionellosis, including Legionnaires’ disease). In particular it gives guidance on sections 2, 3, 4 and 6 of the HASAWA and regulations 6, 7, 8, 9 and 12 of COSHH. The Code also gives guidance on compliance with the relevant parts of the Management of Health and Safety at Work Regulations 1999 (the Management Regulations).

The fourth edition contains revisions to simplify and clarify the text. The main changes are the removal of Part 2, the technical guidance, which is published separately in HSG274, and giving the following issues ACOP status:

• Risk assessment.
• The specific role of an appointed competent person, known as the ‘responsible person’.
• The control schemes.
• Review of control measures.
• Duties and responsibilities of those involved in the supply of water systems.

Further guidance on bacteriological monitoring and interpretation is now available in  Legionnaires Disease Technical Guidance HSG274

To comply with their legal duties, employers, and those with responsibilities for the control of premises are required to:

• Identify and assess sources of risk.
• Prepare a scheme for preventing or controlling the risk.
• Implement, manage, and monitor precautions.
• Keep records of the precautions.
• Appoint a person to be managerially responsible.

1.3     Roles and Responsibilities

The success of this Policy is dependent upon key employees understanding, recognising, and carrying out their responsibilities. To achieve this objective the following officers, have the responsibilities outlined below.

Chief Executive Officer (Buckinghamshire Council)

The Chief Executive Officer, (The Director of Property and Assets) has a responsibility to comply with their legal duties in relation to Legionella. These include identifying and assessing sources of risk, preparing schemes to prevent or control risk, implementing, managing, and monitoring precautions, keeping records of precautions taken and appointing managers to be responsible for others.

Director of Property and Assets

The Director of Property and Assets, through the Head of Property Services and the Property Service Team, is responsible for:

• Identifying and assessing sources of risk. This includes checking whether conditions will encourage bacteria to multiply. For example, if the water temperature is between 20–45 °C, if there is a means of creating and disseminating breathable droplets, such as the aerosol created, for example by cooling towers, showers and spa pools; and if there are ‘at risk’ susceptible people who may be exposed to the contaminated aerosols;
• Developing, monitoring, and implementing the Legionella Policy and supporting procedures.
• Preparing a written scheme for preventing or controlling the risk, where appropriate.
• Implementing, managing, and monitoring precautions. If control measures are to remain effective, regular monitoring of the systems and control measures is essential. Monitoring general bacterial numbers can indicate whether you are achieving microbiological control. Sampling for Legionella is another means of checking that a system is under control.
• Keeping records of the precautions.
• Appointing a competent person with sufficient authority and knowledge of the installation to help take the measures needed to comply with the law.
• Assisting the Head of Health & Safety (in conjunction with the Health & Safety Team) with the development and implementation of the system of site responsible persons.
• Overseeing Legionella training of employees who have particular responsibilities for property.
• Commissioning water hygiene surveys of all Council owned premises, as appropriate.
• Communicating with the landlords of hired/leased premises occupied by (B.C) to ensure a similar assessment and control regime to that carried out by the Council is in place.
• Commissioning and co-ordinating of any Legionella related work within the Council.
• Carrying out periodic reviews of the Legionella Policy in conjunction with the Head of Health & Safety.
• Informing Strategic Directors and employees with property related responsibilities of any changes to the policy or procedures.
• Investigating and reporting in conjunction with the Head of Health and Safety, any Legionella related incidents.
• Making available appropriate information / instruction / training.
• Putting in place lines of communication.
• Bringing to the attention of the Cabinet Member for Planning Growth and Sustainability through the Head of Property lead any resource issues which may require their intervention.

Directors of Business Units, Heads of Service and Senior Managers will:

• Ensure employees under their control are trained or given instruction or information in Legionella awareness to a level appropriate to their area of work.
• Ensure employees comply with the Legionella Policy and procedures as necessary.
• Ensure there are clear lines of communication between their own Service Area and the Property Team on Legionella related matters.
• Ensure that those lines of communication are used. The annual statement of health and safety compliance completed by schools will aim to ensure that appropriate control measures are in place to deal with Legionella on the site.

Those in control of premises e.g. Headteachers, school governors, premises managers will:

• Appoint a “Premises Responsible Person” (site Duty Holder) and a “Nominated Legionella Co-ordinator” for each premise. (See Appendix 1)
• Ensure that employees under their control receive information / instruction / training in Legionella awareness to a level appropriate to their area of work. This can be cascaded down, where appropriate, by the premises responsible person after this person has received their training.
• Ensure that employees comply with the instructions laid down in the Legionella Log provided for their premises.

Employees will:

• Attend Legionella awareness training / instruction as appropriate.

• Be made aware of the existence, location, and purpose of the Legionella Logbook.

The Head of Health & Safety (on behalf of the Health and Safety Team) will:

• Act on the professional advice provided by the Property Service Team.
• Develop and implement the Legionella Policy and supporting procedures alongside the Property Service Team.
• Undertake the periodic review of the Legionella Policy and Procedures alongside the Property Service Team.
• Consult with The Corporate Health and Safety and Wellbeing Committee (CHSWC) on Legionella related matters, including the provision of information / instruction / training.
• Monitor (in collaboration with the Director of Property and Assets) the implementation of the Legionella Policy across the Council.
• Investigate any Legionella related incidents in collaboration with the Director of Property and Assets and report them to the CHSWC.
• Provide general feedback to the Director of Property & Assets through on the operation of the Legionella Policy.
• Agree on, oversee the implementation of and monitor appropriate Legionella awareness information / instruction / training to all employees, in collaboration with the Property Service Team.

Corporate Health and Safety and Wellbeing Committee (CHSC) - this is the Council’s formal consultative forum and will:

• Agree any revisions to the Legionella Policy and Procedures.
• Discuss any Legionella incidents that have been brought to the attention of the Head of Health &
• Monitor action taken as a result of Legionella incidents.

Cabinet Member for Resources is responsible for:

• Final agreement on any significant changes to the Legionella Policy which may have resource implications.
• Ensure that sufficient funds are available to enable the Director of Property & Assets to implement the Legionella Policy and procedures.

Academy Trusts, Foundation and Voluntary Aided schools

The responsibility for the management of health and safety within Academy, Foundation and Voluntary Aided schools’ rests with the Governing Bodies of these schools and they are free to make their own arrangements to manage Legionella. The Council, however, strongly advises the governing bodies of these schools to buy in to the Legionella Management system offered by the Council or to make other suitable arrangements which will meet their legal requirements to manage the risk from Legionella.

Go to Part two: Toolkit