Legal Requirements
Last updated: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.