Are you confused about whether or not Legionella testing is a legal requirement?
The answer isn’t a simple yes or no, so do read on.
The availability of ‘simple tests’ that can be used anywhere, without the need for specialist expertise or equipment to carry out or interpret the test and its results may be tempting, but could be money down the drain.
Even professional tests can deliver false negatives and, as Legionella is widespread, a positive result might not indicate failure to control your systems. Test result mean little out of context of the actual risk you are dealing with. That’s why it is the risk assessment, not the testing, that is always mandatory.
Duty of care
As a business owner or manager, or a landlord, you may have become the duty holder with a legal responsibility to ensure that Legionella risk is managed. Even if you never see a pipe, pump or tank at close range yourself, it is still your legal duty to ensure that your water systems are safe for employees and visitors who come into contact with them.
There aren’t step-by-step instructions of how to achieve this – every building is different – but the overarching Health and Safety at Work Act says the duty holder who must do everything so far as is reasonably possible (SFARP) to ensure that a building is safe for workers and visitors.
So, if there is a known risk of Legionella infection then yes, testing may be required, either initially or on a regular basis.
How do you know your risk?
That comes down to the foundation stone of any aspect of health and safety compliance: a risk assessment by a competent person.
All water systems in places of work require a risk assessment, however not all will require elaborate control measures or sampling and testing. A risk assessment may show that the risks are low and being properly managed to comply with the law.
So your first question should not be “Do I need to test” but “Am I basing my management decisions on a sound risk assessment?” If you are, and you are complying with your duty to act on it, then you will have Legionella under control and regular testing may not be necessary.
What is a sound risk assessment by a competent person?
All this is well defined by Approved Codes of Practice (AcoP)s, which are approved by the Health and Safety Executive. They are relatively easy to understand but often refer back to other regualtions and detailed technical guidance, which is why taking professional advice is usually a good investment in both time and money.
Generally speaking, if you have followed the good practice as described by an ACoP, you would not be found guilty of an offence. More to the point, you are unlikely to have a serious incident or accident in the first place.
ACoP L8 – good practice in legionella control
For Legionella control, good practice is well established by ACOP L8: Legionnaires’ disease. The control of legionella bacteria in water systems Approved Code of Practice and guidance Detailed technical guidance on the practicalities of how to manage risk is given in HSG 274 but as a duty holder you may prefer to focus on the ACoP.
ACoP L8 will give you a good overview of your duties to:- make sure you have a recent Risk Assessment by a competent person,
- appoint an able Responsible Person to oversee Legionella control,
- ensure there is a comprehensive control scheme in place that addresses any immediate risks,
- ensure good records are kept,
- keep the control scheme under review (probably reviewing the risk assessment at least every two years, more often if your infrastructure needs it), and
- ensure everyone is aware of their role, with training if necessary, so that control measures really are maintained.
- you have a cooling tower / evaporative condenser
- you have a spa
- your water comes from a private water supply
- you have any susceptible patients
- you are suspected, or confirmed, as being the source of an outbreak
- your control measures have broken down
- you have a supplement control measures (eg disinfection or chemical dosing)
- the Legionella risk assessment deems it necessary due to the issues found, such as older systems with dead legs.
So, in answer to the original question about whether or not testing for is a legal requirement – the best answer we can give is maybe. What is not in doubt is that you must do a risk assessment and you must act on its findings and recommendations. We’d be happy to advise and help. Do get in touch.
Published: 11 April 2023
