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Do I really have to carry out a Legionella risk assessment?

We get asked this all the time and the answer is yes. Some landlords still don’t believe us as ask to be pointed in the right direction of the law. So, we have compiled and quoted the exact legislation, regulations and approved code of practice so you can now make a fully informed decision and make sure you stay on the right side of the law

Section 3(2) of the Health and Safety at Work Act 1974 (HSWA) makes provision for relevant health and safety legislation to apply to landlords to ensure a duty of care is shown to their tenants’ with regard to their health and safety.  The general duties require under section 3(2) that “It shall be the duty of every self-employed person to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that he and other persons (not being his employees) who may be affected thereby are not thereby exposed to risks to their health or safety.”.   Landlords, under Section 53 of HSWA are regarded as being self-employed and tenants fall into the class of “other persons (not being his employees)”.  If you rent out a property, you have legal responsibilities to ensure you conduct your undertaking in such a way that your tenant(s) are not exposed to health and safety risks.

The Control of Substances Hazardous to Health Regulations 2002 (COSHH) provides a framework of actions to control the risk from a range of hazardous substances, including biological agents (eg Legionella) – to identify and assess the risk, and implement any necessary measures to control any risk.

There has been no change to UK legislation. Since the L8 Approved Code of Practice (3rd edition) (ACOP) was published in 2001, there has been a requirement for landlords of both domestic and business premises to assess the risks from exposure to Legionellato their tenants.

L8 Approved Code of Practice (ACOP) was revised and republished in November 2013 and retained the guidance on the requirements of HSWA and COSHH for employers AND those with responsibilities for the control of premises including landlords (L8 ACOP, paragraphs 1 and 2).  It applies to the control of Legionella bacteria in any undertaking involving a work activity AND applies to premises controlled in connection with a trade, business or other undertaking where water is used or stored and there is a reasonably foreseeable risk of exposure to Legionella bacteria (L8 ACOP, paragraph 22).

For FREE impartial advice, or to arrange us to carry out a legionella risk assessment on your property or portfolio, please contact us on 0333 577 2100, or email us at contact@geminisafetyconsultants.co.uk