As a landlord, you have a legal obligation to ensure that your rental properties are safe and free from hazards. This includes managing the risk of legionella infection. Legionella is a type of bacteria that can cause a serious respiratory illness known as Legionnaires’ disease. This bacteria can be found in water systems, such as hot water tanks, showers, and cooling towers. In this blog post, we will delve into the responsibilities of landlords in managing the risk of legionella, the regulations that apply, and the steps to take to prevent Legionnaires’ disease.
Understanding Legionella and Legionnaires’ Disease
Legionnaires’ disease is a potentially fatal form of pneumonia caused by inhaling tiny droplets of water contaminated with Legionella bacteria. Legionella can proliferate in almost all man-made hot and cold water systems. When conditions are favourable, such as a suitable temperature range for growth, the production and dispersion of water droplets (aerosols), the storage and/or recirculation of water, and the presence of ‘food’ for the organism to grow, such as rust, sludge, scale, biofilm, etc., the bacteria can multiply, increasing the risk of exposure. It’s crucial to control risks in both large and small systems due to the organism’s ability to infiltrate them.
The Legal Responsibility of Landlords
The law is clear: landlords, defined as anyone who rents out a property or a portion of a home under a lease or a licence for less than seven years, have a responsibility to maintain the property in a safe and hazard-free manner to protect the health and safety of their tenants. This responsibility applies to a range of accommodations, including but not limited to residential premises. The list of landlords includes:
- Private Landlords
- Housing Associations
- Local Authorities
- Hostels
- Housing Co-Ops
The Health and Safety Executive (HSE) Guidance
In the UK, the Health and Safety Executive (HSE) has published guidance on managing the risks of legionella in domestic hot and cold water systems, including specific guidance for landlords. According to the HSE’s guidance, landlords should take the following steps to manage the risk of legionella:
Identify and assess the risk: Landlords should identify potential sources of legionella and assess the risk of exposure to tenants.
Control the risk: Landlords should implement measures to control the risk of legionella in their rental properties. This may include cleaning and disinfecting water systems, maintaining water temperatures, and carrying out regular inspections.
Keep records: Landlords should keep records of their risk assessments and any actions taken to control the risk of legionella in their rental properties. This will help demonstrate that they have taken appropriate steps to manage the risk.
When to Undertake a Legionella Risk Assessment
Understanding the health concerns associated with Legionella and undertaking a Legionella risk assessment is critical for property managers, landlords, and employers. The old “industry norm” recommended a Legionella risk assessment at least every two years. However, the Approved Code of Practice L8 (ACoP L8) recommends that provisions be made to review the LRA “when there is reason to suspect it is no longer valid,” ensuring the assessment is always up to date.
This is especially important when building occupants are classified as high-risk (such as the elderly), as an evaluation may need to be performed more frequently. It is imperative to conduct an assessment anytime there is a change in the usage of the building that houses the specific water system, a change in the water supply system, occupancy to the building after a period of being unoccupied, a revision to applicable legislation, when a case of Legionnaires’ disease has been reported.
Frequency of Legionella Risk Assessment
The frequency of Legionella risk assessments depends on your current system and the results of your risk assessment. For open systems, such as cooling towers, evaporative condensers, and spa pools, testing is required at least quarterly. However, there may be situations where more frequent sampling is necessary.
For hot and cold water systems, a Legionella risk assessment should be conducted at least every two years. This should also be repeated if there is reason to believe that the organization’s responsibilities are not being met or if the control measures are insufficient.
Compliance with the Law and Prevention of Legionnaires’ Disease
As an employer or person in charge of the property, you are responsible for health and safety and must take the necessary actions to minimize the risks of legionella exposure. You need to know how to identify and evaluate risk factors, manage any risks and carry out a Risk Assessment where required, prevent or manage any dangers, and keep and maintain accurate records and perform any other necessary tasks.
Legionella Risks in Your Business
Your place of business may be at risk of exposure to Legionella if any of the following are present:
- Dry/wet cooling systems using a cooling tower or evaporative condenser (sometimes referred to as hybrid or adiabatic coolers)
- Heating and cooling water systems
- Spa pools and other risky systems
Applicable Regulations for Legionella Risk Assessment
Employers and landlords are subject to legal requirements. Section 3(2) of the Health and Safety at Work Act of 1974 outlines landlord responsibilities for tenant safety. The act includes landlords in its definition of ‘self-employed’ individuals.
The Control of Substances Hazardous to Health Regulations of 2002 (COSHH) mandates the control of the risk posed by a variety of hazardous substances, including biological agents (of which Legionella is one).
The relevant instructions are included in the L8 Approved Code of Practice (ACOP) of 2001, which was amended and reissued in November 2013. This is also known as “The control of Legionella bacteria in water systems: Approved Code of Practice.”
Reporting Legionnaires’ Disease to RIDDOR
Furthermore, the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) requires you to report any cases of legionellosis in employees who have worked on cooling towers or hot and cold water systems that are likely contaminated with legionella.
Final Thoughts
In conclusion, managing the risk of legionella is a crucial responsibility for landlords. By understanding the risks, following the HSE’s guidance, and regularly conducting Legionella risk assessments, landlords can ensure the safety of their tenants and comply with their legal responsibilities. If a tenant becomes ill with Legionnaires’ disease and it can be traced back to the rental property, the landlord could face legal action. Therefore, it’s essential to stay informed and proactive in managing the risk of legionella.