Working Together, Keeping Safe
CONTROL
LEGIONELLA
Fraction of the cost, same result. Why pay more?
Prices start from as little at £85 for a one off assessment (discount for multiple properties).
As a divisional director for a large International company, I set up this side business separately and independently. Using the extensive experience and training I already posses can enable me to provide much cheaper assessments due to minimal overheads required yet retaining the same quality and standard as you would get from a larger and higher risk property.
I provide independent Legionella Risk Assessments, Auditing and General Awareness Training and advice for private domestic and small commercial properties that would typically only need a one off assessment. I also provide status audits and risk assessment reviews in order to audit your progress.
Legal Requirements for Landlords (Domestic/Commercial) properties:
- Gas Safety Certificate
- EPC
- Smoke/Carbon Monoxide alarms
- Electrical (EICR) certificate
- Legionella Risk (as part of Section 3(2) of the Health and Safety at Work Act 1974 (HSWA)
''You wouldn't ask an electrician to undertake a Gas Safe test. So try to avoid using estate agents providing the same service who have no training or experience.''
What is Legionnaire's Disease?
Legionnaires' disease is a potentially fatal form of pneumonia caused by the inhalation of small droplets of contaminated water containing Legionella bacteria. All man-made hot and cold water systems are likely to provide an environment where Legionella can grow. Where conditions are favourable (ie suitable growth temperature range; water droplets (aerosols) produced and dispersed; water stored and/or recirculated; source of nutrients 'food' for the organism to grow such as rust, sludge, scale, biofilm etc) then the bacteria may multiply thus increasing the risk of exposure. It is a simple fact that the organism will colonise both large and small systems so both require risks to be managed effectively.
Approved Code of Practice (ACOP L8 2013 and Guidance HSG274 parts 1,2,3)
This Code has been approved by the Health and Safety Executive, 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.
However, the Code has a special legal status. If you are prosecuted for breach of
health and safety law, and it is proved that you did not follow the relevant provisions
of the Code, you will need to show that you have complied with the law in some
other way or a Court will find you at fault.
Duties under the HSW Act apply to the risks from exposure to legionella
bacteria that may arise from work activities. The Management Regulations provide
a broad framework for controlling health and safety at work. As well as requiring
risk assessments, they also require employers to have access to competent help in
applying the provisions of health and safety law; to establish procedures for
workers if there are situations presenting serious, imminent danger; and for
co-operation and co-ordination where two or more employers or self-employed
people share a workplace. More specifically, COSHH provides a framework of
actions designed to control the risk from a range of hazardous substances,
including biological agents.
Domestic Landlords
What is a landlord?
A landlord is anyone who rents out a property they own under a lease or a licence that is shorter than seven years. Landlords' duties apply to a wide range of accommodation, occupied under a lease or a licence, which includes but not exclusively, residential premises provided for rent by:
local authorities
housing associations
private sector landlords
housing co-operatives
hostels
The law and you
The law is clear that if you are a landlord and rent out your property (or even a room within your own home) then you have legal responsibilities to ensure the health and safety of your tenant by keeping the property safe and free from health hazards.
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 (e.g. 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 Legionella to 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).
You can be prosecuted for failing to comply with any one of these regulations, even if there hasn’t been a case of legionnaire’s disease. The HSE can prosecute under negligence if they randomly inspect your property.
What you must do
The practical and proportionate application of health and safety law to landlords of domestic rental properties is that whilst there is a duty to assess the risk from exposure to Legionella to ensure the safety of their tenants, this does not require an in-depth, detailed assessment. The risks from hot and cold water systems in most residential settings are generally considered to be low owing to regular water usage and turnover. A typical ‘low risk’ example may be found in a small building (e.g. housing unit) with small domestic-type water systems, where daily water usage is inevitable and sufficient to turn over the entire system; where cold water is directly from a wholesome mains supply (no stored water tanks); where hot water is fed from instantaneous heaters or low volume water heaters and where the only outlets are within toilet areas and kitchens.
A simple assessment may show that there are no real risks and are being properly managed and no further action is needed. It is important to review the assessment in case anything changes in the system.
Implementing simple, proportionate and appropriate control measures will ensure the risk remains low. For most domestic hot and cold water systems, temperature is the most reliable way of ensuring the risk of exposure to Legionella bacteria is minimised i.e. keep the hot water hot, cold water cold, keep the water moving and keeping the water system clean.
Reviewing your risk assessment
The law does not prescribe that the risk assessment be reviewed on an annual or biennial basis. It is important to review the assessment periodically in case anything changes but where there are difficulties gaining access to occupied housing units, appropriate checks can be made by carrying out inspections of the water system, for example, when undertaking mandatory visits such as gas safety checks, routine maintenance visits or if there is a change of landlord.
Are domestic properties proactively inspected?
HSE and Local Authority inspectors do not proactively inspect domestic premises or ask for evidence that landlords have undertaken a risk assessment. However, if a tenant were to contract Legionnaires’ disease from the water system in their home, the landlord may be liable to prosecution under HSWA, and would have to demonstrate to a court that they had fulfilled their legal duty, so it is important that they assess and control the risks.
This specific service is designed to analyze, confront, and solve your business needs. I provide customized solutions to all of my clients, and am an extremely results-oriented professional. I will work with you throughout the entire decision-making process and guarantee success. Contact me to find out how I can help today.
About what i do
I am a Divisional Director and already employed by a global environmental consultancy based in the UK. I myself live in Oldham. The company that I work for is one of only a few in the country that are UKAS accredited (highest accreditation) for undertaking legionella risk assessments, combined with the fact that the UK is the world leader in prevention and control of legionella provides me with the competency to provide the best guidance for my clients. I have worked all over the world providing advice and training for large multinational organisations and the government. As a fully trained, competent and experienced legionella consultant, I will provide a suitable and compliant risk assessment or audit. I can also give general awareness training if required. This ensures any advice given is accurate and complies with UK legislation. I do this in my spare time and not conflicting with my employers interests hence why i can offer this service at a fraction of the cost.
Estate agents are beginning to undertake legionella assessments for their domestic landlords, however staff are not trained or competent and can not provide this level of expertise. I have minimal overheads and therefore my rates are competitive with estate agents. A number of estate agents are even now using my services to ensure compliance for their clients.
Legionella risk assessments are legal requirements for most commercial properties and those smaller properties that fall outside of this criteria still have a duty of care to keep people safe inline with current legislation.
You wouldn't ask an electrician to undertake a Gas Safe test.
My Credentials
Degree in Evirinmental Geology (2002-2005)
Masters of Geo-Sciences (2006)
8+ years’ experience in Legionella Management and Control.
Expert knowledge of ACoP L8 (2013) and HSG274 part 1, 2 and 3.
Extensive experience undertaking domestic water and cooling tower risk assessments/Audits in the UK and internationally including Pakistan, USA, Canada, Japan, India, Malaysia, Nigeria, Sierra Leone, Oman, Kathmandu, Rwanda, Sudan, Egypt and Algeria
City of Guilds trained for cooling towers
Full Member of the Water Management Society (WMSoc)
WMSoc training for undertaking risk assessment of water systems.
Asbestos awareness
Manual Handling , Working at Height, Confined Spaces, Ladder Training and Harness training
Testimonials
“When I needed advice, 'Control Legionella' was there to guide me through every step of the decision-making process. With their help, we managed to get back on track in no time.”
Robbie White
“I’m so happy I chose to work with 'Control Legionella'. From the initial consultation all the way through the project’s conclusion, the service I received was impeccable and the end result really brought my vision to life.”
Riley Jones
As a landlord i have never heard of Legionella before however recently there has been a lot of media attention and for peace of mind i had 'Control Legionella' undertake assessments of all my properties. Price was cheaper than the estate agents and i knew i was getting a professional. Highly recommended
Payton Hillman
Contact Me
Have a particular challenge you’re trying to deal with? Contact me today and see what I can do for you.