There’s something in the water

The requirement to undertake risk assessments for all water systems and implement a proper control regime was included in the first HSC Approved Code of Practice dating from the early 1990s. There are, however, still sites and premises that have chosen to ignore or are not aware of the requirement and this can lead to a risk to public health and possible prosecution.

The first steps
The basic steps towards effective control are as follows:

• List all the sites/premises within your sphere of activity, control or responsibility.
• Prioritise the list of sites/premises into risk categories – bear in mind all possible aerosol emissions and the susceptibility of persons that might be exposed to them.
• Compile an asset register for each of the water systems on the site(s) to include cold water tanks, calorifiers, showers, evaporative cooling systems, adiabatic coolers and any other water systems that may release aerosols.
• Review the status of risk assessments that have not been updated within the past two years or initiate assessments if none has been carried out. Take into account this requires specialist competence.
• Update the status of remedial works that have been noted in risk assessments. Consider relative priorities alongside cost budgets to develop a plan to bring all assets up to compliance with current regulations, standards and guidance.
• Review the control schemes that should be in place at each site. Implement suitable schemes if they do not exist or modify those where changes to the water system have been made.
• Check the level of record keeping for each. Bear in mind that records should include details of training of those involved in the control scheme.
• Ensure that routine monitoring applicable to each site is always undertaken and that the results are recorded with all relevant dates, including signatures of those doing the monitoring. Record any deviation from control levels together with the remedial actions taken. Record when any system has been out of use and whether it was drained.
• Check that the level and frequencies of routine maintenance are undertaken with site-specific method statements and that fully detailed records are available. 
• Consider a legionella risk management policy or strategy statement for your organisation which should include a management structure giving details of the named Statutory Duty Holder, the Responsible Person, their deputies and others who are part of the control management team, with clearly defined roles and responsibilities assigned to named individuals.

Control and monitoring
There is a tendency for many sites to undertake either no routine monitoring or, alternatively, extensive monitoring which far exceeds the HSE Guidance but fails to identify key problems or initiate remedial works where they are clearly required. A pro-active approach to monitoring is essential and only proper training in the recognition and appreciation of problem areas can achieve this.
    
Bear in mind that the Water Industry Act requires mains water supplied to a property to conform to current wholesome water quality standards. It is up to the Statutory Duty Holder or the site Responsible Person to ensure that such quality is maintained throughout the distribution system(s) within their premises. This can be achieved by conforming to BS 6700: 1997 and the Water Supply (Water Fittings) Regulations 1999, and ensuring that all materials and fittings are listed in the WRAS Fittings and Materials Directory.

Enforcement
In the event that an HSE Inspector or EHO has concerns about aspects of control against the risk of legionella at your premises then there are a number of steps he or she can take in accordance with the Health and Safety at Work etc. Act 1974 (HSWA).
    
Firstly, an Improvement Notice may be served when the inspector is of the opinion that a person or facility has contravened one of the relevant regulatory provisions and that this will be repeated or continued. An Improvement Notice will detail the contravention and specify a time period to achieve compliance. When the contravention is remedied to the satisfaction of the inspector the Notice is lifted.
    
In more extreme cases where the inspector is of the opinion that carrying out the activity is likely to lead to serious personal injury or harm then he or she can issue a Prohibition Notice. This requires that the process or plant is immediately closed down. Failure to do so is an offence and operation of the process or plant cannot be carried on until the contravention has been remedied.
    
There are slightly different procedures for Crown properties or facilities but essentially the same Enforcement Notices apply.
    
In cases of very serious breaches of the regulatory provisions, normally involving severe personal injury or harm, an organisation or person may be prosecuted under a relevant section of the HSWA.
    
By knowing your responsibilities and implementing a control scheme for the systems within your premises, you will be well on the way to fulfilling your legal obligations within the Health & Safety at Work etc Act 1974 and current COSHH Regulations. Active compliance will certainly help towards ensuring that you are not on the receiving end of enforcement actions by your local HSE Inspector or Environmental Health Officer.

This article is based on extracts from the Water Management Society’s guide ‘Legionnaires’ disease - knowing your responsibilities and avoiding prosecution’

Stages to an outbreak of legionnaires’ disease:

• Virulent strain of legionella bacteria enters a water system
• Uncontrolled conditions allow the bacteria to multiply
• Contaminated water is discharged into the atmosphere as an aerosol
• Susceptible person(s) inhale the aerosol
• Symptoms of Legionnaires’ Disease may appear

For more information
For a full copy of the WMSoc’s guide ‘Legionnaires’ disease - knowing your responsibilities and avoiding prosecution’ please contact the Water Management Society:
Tel: 01827 289 558
E-mail: wmsoc@btconnect.com
Web www.wmsoc.org.uk