What Happens If I Don't Have a Legionella Risk Assessment?
If you are responsible for premises where there is a reasonably foreseeable risk from Legionella, failing to assess and control that risk can mean failing to meet your legal health and safety responsibilities.
A Legionella Risk Assessment is not simply paperwork. Its purpose is to identify where Legionella could grow within a water system and determine what needs to be done to control the risk.
Is a Legionella Risk Assessment a legal requirement?
The Health and Safety Executive (HSE) states that employers and people in control of premises have a responsibility to identify and assess sources of Legionella risk.
This includes understanding the water systems within the premises, identifying potential sources of exposure and determining what controls are required.
HSE states that all water systems require a risk assessment, although a simple assessment may establish that the risks are low and adequately controlled.
What could happen if I don't have one?
There are several potential consequences.
1. You may be failing to meet your legal duties
Health and safety law places responsibilities on employers and people in control of premises to manage risks, including risks associated with exposure to Legionella.
If there is a reasonably foreseeable risk and you have not assessed or controlled it, this could represent a failure to meet those responsibilities.
2. You may face enforcement action
HSE can take enforcement action where a dutyholder has not met their legal responsibilities.
Depending on the circumstances, enforcement can include requiring improvements through an improvement notice or, in serious cases, prosecution.
The exact action depends on the circumstances and the nature of the breach.
3. You may not know what risks exist
Without an assessment, you may not have properly considered issues such as:
Stagnant water
Infrequently used outlets
Incorrect temperatures
Dead legs
Water storage
Scale and corrosion
Showers and aerosol-producing outlets
Vulnerable occupants
Changes to the water system
A building can appear completely normal while still containing conditions that increase Legionella risk.
4. You may struggle to demonstrate that risks are being managed
A suitable assessment provides evidence that the water system has been considered and that appropriate controls have been identified.
This can be particularly important when responsibility for a building is shared between owners, landlords, facilities managers, tenants and contractors.
Do I need to have a new assessment every year?
Not necessarily.
HSE does not prescribe a universal annual replacement date for every Legionella Risk Assessment.
Instead, assessments should be reviewed periodically and whenever there is reason to believe that the original assessment may no longer be valid.
Changes to the building, water system, occupancy or controls can all trigger the need for a review.
Does not having an assessment automatically mean I am breaking the law?
The important issue is whether the Legionella risk has been properly identified and controlled.
A risk assessment should establish whether a reasonably foreseeable risk exists and what measures are necessary.
If an assessment concludes that the risks are insignificant and properly managed, HSE states that no further action may be necessary at that stage.
The absence of a document should therefore not be confused with the wider legal duty to assess and manage risk.
What should I do if my business doesn't have one?
If you are responsible for a commercial or workplace water system and have never had the Legionella risk properly assessed, the sensible first step is to arrange a competent assessment.
The assessment should examine the relevant water systems, identify potential risks and establish what controls are required.
To understand if your business legally requires a legionella risk assessment - read our blog post here.
Absolute Water Compliance provides Legionella Risk Assessments for businesses across the UK, helping dutyholders understand and manage the risks associated with their water systems.
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