Senior management has a role to play in air and water hygiene.
Have you ever scalded your hands in a washroom and wondered if the water really needs to be quite so hot and what that means for energy bills? You’ll probably accept it’s about water hygiene and Legionella prevention and there’s no alternative. After all, temperature is often the best form of control, especially when coupled with managing out risk by changing old plumbing and dead legs and having a regime of regularly flushing infrequently used taps.
The key point to remember is that Legionella contamination risk is a real, live management issue. You need to be on top of it at all times, not just sign off a two-yearly risk review. The consequences of failure to control it are just too big a risk to take, and the buck stops with you. You may be following the advice of a professional water safety company, but it is still you as owner, occupier or employer that has the legal liability to ensure compliance with the law.
How big a risk it?
The national surveillance scheme for Legionnaires’ disease in residents of England and Wales is coordinated by Public Health England (PHE). The latest, for December 2019 recorded 516 cases with onset of symptoms While seasonal trends suggest that August to October figure are higher, following the holiday season, it is also true that more than half of all cases which originate? in the UK. This does seem worrying in relation to a disease which is known to be potentially fatal and in a nation which has a comprehensive regulatory framework designed to prevent outbreaks.
So, what’s going wrong?
Unfortunately, compliance can all too often be a tick-box exercise. Real control and good water hygiene has to involve all appropriate staff in an organisation having a role to play and understanding what it involves. Management of water safety is much more than a biennial risk assessment review and the occasional renegotiation of terms with the water safety contractors.Everyone involved, from the CEO to the cleaning contractors, should be equipped with the knowledge they need to play their part in your water safety plan. Training can be tailored to specific job roles and responsibilities: the person charged with flushing the taps will not, for instance, need to know the ins and outs of how an evaporative condenser works. Actually, information overload may be counter-productive. Likewise, the senior management doesn’t need to know the physiology in the bacillus but should be fully aware of the implications of failure and the priority they need to give to investing in water safety.
Why is Legionella such a persistent problem?
The Legionella family of bacteria are great survivors. Their natural habitat is rivers, lakes and ponds but we’ve created a whole range of man-made habitats for them in buildings and industry – anywhere where water is stored or distributed around a building. Legionella strains flourish at 20-45oC. What this means is that in water above that range the bacteria will not multiply and will eventually die. However, below it, in mains cold water, for instance they can be a persistent, dormant threat. Between 20oC and 40oC, the normal working temperature of everyday life, Legionella bacteria, if present, can multiply rapidly. This temperature range may well be found in hot and cold water services, showers etc. and certainly will be in swimming pools and spas. Control in the everyday, working world is a constant process: you never eliminate the risk, you just keep it under control.
How do we fight back?
The law addresses the dangers with multiple statutes and it’s no wonder that business and property owners rely on specialist consultancies to navigate their way around the many regulations. Among them, however, the go-to touchstone is ACoP L8 (4th edition). While it is in fact an Approved Code of Practice with associated technical guidance, it has special legal status.
You would not want to be in front of an HSE inspector, and certainly not a judge, admitting that you had not followed this guidance. As part of your duties under the Health & Safety at Work etc. Act, COSHH and other relevant legislation and regulations you must comply with Approved Code of Practice ACoP L8 V.4 and its associated Health and Safety Guidance, the technical detail, in HSG274 Parts 1-3 inclusive.
To quote ACoP L8: “This Code has been approved by the Health and Safety Commission with the consent of the Secretary of State. It gives practical advice on how to comply with the law. If you follow the advice you will be doing enough to comply with the law in respect of those specific matters on which the Code gives advice. You may use alternative methods to those set out in the Code in order to comply with the law.” The full documents can be downloaded for free at www.hse.gov.uk
ACoP L8 now encompasses best practice for risk assessment, defining the specific role of an appointed competent person, known as the ‘responsible person’, the control scheme, review of control measures, duties and responsibilities of those involved in the supply of water system. These are all ongoing management issues – not just boxes to be ticked off. Management cannot pass the buck down to the facilities management team.
When an inspector calls …
Let’s look at what HSE inspectors, who can call at any time, will look for:
Risk assessment. This should not be just a ticked list. It needs to include details of what the risk is, why it has been identified as such and the people exposed to it (Legionella preys especially on the elderly and immuno-suppressed, for instance). It must be demonstrably up to date, including changes in your infrastructure – that tap you replaced or the new water fountains – or the use of the building. It will need to be detailed enough to demonstrate that you, or your team, have really considered the risks, not just gone through the motions. The asset register that goes with it will need to demonstrate an up to date understanding of your premises.
Prevention and control of risk. This is how you react to the risk assessment. It should involve reviewing infrastructure, and how and when equipment is used and by whom to reduce the risks you’ve identified. Have you looked for and implemented ways to avoid use of systems and work practices which present a foreseeable risk? Does everyone using equipment that could present a risk know what precautions to take and how to use it safely and correctly? Good risk prevention, to ACoP L8 standards, will include thinking through how you will monitor and check control measures, as well as a ‘ready to go’ action plan in case of positive test results?
Record keeping. The audit you keep is not about having evidence to defend yourself: it is about having an auditing system that shows up errors and issues in sharp relief as they arise. The list of what you need to record can be long, but once your system is set up, maintaining the log is not onerous.
How to keep your staff, visitors and tenants safe
As the ultimate duty holder you need to appoint a responsible person with a genuine interest in water safety – not just someone to oversee the contractors. This will be someone that you equip with the authority to ensure that all of the following are in hand on your behalf. Remember, as owner, occupier or manager you still hold the ultimate responsibility.
• Link your control regime directly to the ACoP guidance: the descriptive and supportive text in Guidance Boxes will help you.
• Emphasise ‘continuous control’ not just ‘minimising the risk’: you really should keep your risk assessments and emergency management plan under constant review.
• Ensure that all risks have been addressed according to their priority.
• Verify that the maintenance schedule is on track – there is plenty of guidance
• Double check that you are maintaining microbial sampling and chemical monitoring wherever it is recommended in the HSG technical guidance. Show that you are not complacent but are alert to the possibilities of situations arising that call for more frequent testing. Remember, this guidance has special legal status.
• Train everyone actively involved with Legionella awareness, and ensure they have access to competent help and advice.
• Work with suppliers who adhere to a recognised Code of Conduct. It will make your life easier and avoid the risk of errors and omissions. Legionella Control Association membership is a good starting point.
Where do you start? Ask you team to show you a copy of your risk assessment today, make sure it is up to date and action points have been acted on. If in any doubt, ask you team to arrange a professional review. We’re always happy to help.
October 2022
