Legionella Policy (Water)

1. Introduction

1.4. The Health and Safety at Work etc. Act 1974 places specific duties on employers to ensure the health, safety and welfare of employees, as well as the health and safety of other persons who may be affected by their work activities.

1.5. Under the Management of Health and Safety at Work Regulation 1999 employers must assess significant risks to the health and safety of both employees and other persons who may be affected by their work activities.

1.6. The Control of Substances Hazardous to Health Regulations 2002 (COSHH) requires employers to manage and control risks from exposure to substances that may affect their health.

1.7. The Health and Safety Executive publication ‘The control of legionella bacteria in water systems’ Approved Code of Practice (ACoP) and Guidance L8, gives practical guidance on managing legionella bacteria in water systems.

1.8. The Health and Safety Executive publications ‘Legionnaires Disease Technical Guidance’ HSG 274 Parts 1 – 3

1.9. British Standard BS 8580:2019, Water quality – Risk assessments for Legionella control – Code of Practice, gives guidance and recommendations on managing risks from legionella.

1.10. For those buildings where B3Living is not a duty holder for asbestos this policy and associated management plan are out of scope. However, as part of our continuing due diligence B3Living will request legionella documentation from the duty holder or its managing agent.

1.11. Failure to comply with the requirement of this policy is a disciplinary offence.

1.12. All employees are responsible for protecting their own health and safety and must comply with the points set out in this policy.

2. Scope

2.1 This policy applies to all buildings and properties where B3Living has a duty to manage and control risks from legionella.

2.2 B3Living will:

► ensure that suitable and sufficient resources are available.

► identify and assess sources of risk.

► prepare a scheme for preventing or controlling the risk as recommended by the risk assessment.

► implement, manage and monitor all precautionary control measures identified.

► keep records of all such measures

► nominate employees and others with responsibilities for implementing this policy.

► review this policy at least every three years.

3. Responsibilities

3.1 The Board has responsibility for ensuring this policy and its associated Management Plan are implemented.

3.2 The Chief Executive, through the Executive Director (Operations) is responsible for the effective implementation of the Legionella Policy.

3.3 The day-to-day responsibility for implementing the policy lies with the Head of Asset Management and Compliance, the Head of Repairs and members of the Leadership Team in conjunction with the Property Manager (Mechanical and Electrical) and any other relevant managers, service team leaders or supervisors. 

4. Aims and objectives

4.1 The aim of the policy is to:

4.2 Ensure the safety of its employees, customers, and anyone else who may be impacted by our work.

4.3 Our primary objective is to ensure that customers, contractors, staff, and visitors remain safe in our premises (both domestic and non-domestic). Failure to properly discharge our legal responsibilities may also result in:

► Prosecution under the Health and Safety at Work Act 1974, or Corporate Manslaughter and Corporate Homicide Act 2007.

► Regulatory intervention by the RSH.

► Reputational damage and loss of stakeholder confidence

4.4 Set out how B3Living will meets its legal obligations.

4.5 Comply with the law so as to avoid prosecution, avoid regulatory judgements and to avoid civil claims.

4.6 Introduction

4.6.1 Legionnaire’s disease is a potentially fatal form of pneumonia which can affect anybody. Some groups are more susceptible because of age, illness, immunosuppression and smoking.

4.6.2 Legionella bacteria can also cause less serious illnesses that are not fatal or debilitating.

4.6.3 Legionella bacteria are common and can be found naturally in water sources such as rivers, ponds and lakes.

4.6.4 They are also commonly encountered in manufactured water systems such as those found in a work or domestic setting.

4.6.5 For colonies of bacteria to profligate a number of conditions must be met. They include:

► Water temperature of between 6°c and 60°c
► Temperatures of between 20°c and 45°c favour growth
► They are most virulent at 37°c
► A supply of nutrients such as algae or amoeba, sludge, scale or biofilms

4.6.6 For a person to be infected with the legionella bacteria they have to be exposed to water droplets (aerosols) contaminated with the bacteria and to have inhaled the bacteria deep into the lung usually as a fine mist or spray.

4.6.7 Symptoms of legionella include high fever, chills, headache and muscle pain. Some may suffer diarrhoea and sickness and could become confused and delirious. Legionnaire’s disease can be treated effectively with antibiotics.

4.7 The Law

4.7.1 Duties to control risks set in legislation extend to the risks from legionella that may arise from work activities.

4.7.2 As a landlord B3Living will also assess the risks legionella may pose in a domestic setting.

4.7.3 B3Living, in order to be legally compliant will:

► Assess the risks from legionella.
► Control the risk by preventing exposure.
► Maintain, examine and test control measures.
► Provide information, instruction and training for employees.

4.7.4 As an employer B3Living is the duty holder in relation to health and safety, for B3Living this is the Chief Executive. The duty holder has appointed the Executive Director (Operations) as the responsible person to take day to day responsibility for controlling any risk identified from legionella bacteria. Others in the organisation will have key roles as defined in the Legionella Management Plan.

4.7.5 The Chief Executive has appointed the Executive Director (Operations) as being responsible for managing landlord health and safety and the effective implementation of B3Livings landlord health and safety policies and other associated documents lies with them.

4.8 Risk Assessment

4.8.1 The ACoP L8 sets out the requirement to assess the risk from legionella bacteria. All risk assessments will be documented.

4.8.2 B3Living will carry out risk assessments for properties as defined in the Legionella Management Plan.

4.8.3 A number of factors need to be considered as part of the risk assessment. This includes:

► The chances of legionella being introduced into the system.
► The potential for nutrients to enter the system.
► The chances of amplification and the conditions that would allow the bacteria to multiply.
► The physico-chemical conditions particularly temperature
► The design of the system including the water flow rate, tank size, turnover rate, pipe runs and dead legs.
► Water treatment and maintenance as a control process and their likely effectiveness.
► The potential for transmission of legionella in water droplets.
► The likely exposure of a person to the water droplets.
► The susceptibility of the person, some groups of people are more susceptible than others due to age and poor health and smoking.
► Risks from breakdowns and abnormal operations.

4.8.4 Though there will be common factors in B3Livings premises being assessed the individual nature of each site should be taken into account.

4.8.5 The risk assessments will be reviewed at least every two years or following any changes.

4.8.6 If the assessment shows a reasonably foreseeable risk of exposure a scheme of control will be devised.

4.9 Preventing and Controlling Risks from Legionella

4.9.1 If there is a high risk of exposure, then the water system should not be used until the risk has been reduced.

4.9.2 A written scheme for preventing and controlling risks has been prepared and this is documented in the Legionella Management Plan.

4.9.3 The risk from exposure will normally be controlled by measures that do not allow the proliferation of the legionella bacteria.

4.10 Selection, Training and Competence of Staff

4.10.1 B3Living will identify those staff who will have responsibilities in relation to managing the legionella risks and that they are suitably competent and experienced to carry out their duties.

4.10.2 Suitable training will be provided for those identified as managing legionella and training will be periodically refreshed to maintain competence.

4.10.3 B3Living may engage contractors to undertake legionella work on its behalf. When using contractors B3Living will ascertain the competency of the contractors it employs.

4.11 Asset Data

4.11.1 B3 Living acknowledge that to meet our obligations we must maintain a robust approach to identifying the assets and components for which we have responsibility.

4.11.2 We will:

► Maintain an up-to-date master database of all properties that have a communal water supply.
► Maintain current and up to date records of remedial works.

4.12 Record Keeping

4.12.1 All risk assessments and significant findings will be recorded.

4.12.2 Copies of training certificates and course details will be held for those staff with responsibilities for managing legionella.

4.12.3 Details of the written scheme including the following: temperature control, chemical treatments, cleaning and disinfection procedures reports and certification, results of any maintenance, logs of any visits by contractors, results of any chemical analysis of the water, will be recorded.

4.12.4 All records will be retained for five years.

4.13 Summary

4.13.1 Legionella is a serious and potentially fatal disease in susceptible persons.

4.13.2 All systems that could be a potential source of infection are identified for risk.

4.13.3 A control scheme is implemented to ensure that the risk of exposure is minimised.

4.13.4 Special instructions are issued to maintenance staff.

5. Equality, diversity and inclusion

An initial equality impact assessment has been completed and no adverse negative impacts have been found.

6. Data protection and information security

B3Living’s data protection policies apply to the work B3Living does in connection to legionella.

7. Customer voice

Customers have not been consulted on this policy, however feedback from customer feedback and complaints, or compliments will be reviewed, and changes considered where possible or relevant. However, this policy delivers a legal requirement with which B3Living is bound to comply.

8. Compliance

• Health and Safety at Work etc. Act 1974
• Health and Safety at Work Regulation 1999
• Control of Substances Hazardous to Health Regulations 2002 (COSHH)
• Occupiers Liability Acts 1957 and 1984
• HSG 274 Legionnaires Disease Technical Guidance: Parts 1 - 3
• British Standard BS 8580:2010, Water Quality – Risk assessments for
• Legionella Control - Code of Practise: Gives guidance and recommendations on managing risks from legionella.
• Landlord and Tenant Act 1985
• Defective Premises Act 1994
• Reporting of Injuries Diseases & Dangerous Occurrence Regulations 2013
• Regulator of Social Housing Consumer Standards

9. Risk Management

9.1 The potential risks relating to this policy have been identified and are being managed in line with our Risk Management Policy.

9.2 The Board reviews the risk appetite in key areas of the business annually.

10. Linked policies, procedures and guidance

• Legionella Management Plan
• TBT 10 COSHH
• TBT 16 Water and Blood Borne Viruses

11. Health and safety considerations

11.1 This policy is key to fulfilling our health and safety obligations.