Commercial Legionella Risk Assessment and Testing

Legionella is a type of bacteria that can cause Legionnaires’ disease, a severe form of pneumonia, and Pontiac fever, a milder flu-like illness. It is commonly found in water sources and can be transmitted to humans through inhaling contaminated water droplets or aerosols, especially from cooling towers, showers, or hot water systems.

Property landlords, employers, and duty holders, including councils, have a legal responsibility under the Health and Safety at Work Act 1974 and the Control of Substances Hazardous to Health Regulations 2002 (COSHH) to ensure the health and safety of employees, residents and members of the public who use their premises. This includes managing the risk of Legionella.

One of the easiest ways to make sure you are safely managing the risk of Legionella includes frequent Legionella testing. Testing will help make sure that you are adhering to the above guidelines relating to health and safety standards.

Legionella tests should be reviewed at least once every two years. However, the frequency with which you should carry out a Legionella test will depend on several factors, including your property type and whether you have a high risk set up.

High risk set ups include:

Complex water systems, large water storage tanks, high water temperatures aerosol-generating equipment (like cooling towers) and systems in properties that service vulnerable people like care homes and schools.

High risk systems may need to be tested every three to six months, or even more frequently.

The industry precedent is for testing every two years. However, in certain situations an assessment is required more frequently. This includes:

• When the people at the site fall are considered ‘high risk’ e.g., the elderly or those with an impaired immune system
• When it seems that the current control scheme monitoring no longer seem to be effective
• When there is suspected Legionella outbreak, or positive samples are recorded

The symptoms of Legionnaires’ can vary in severity but often include:

• High Fever
• Cough (which may be dry or produce mucus)
• Shortness of Breath or Difficulty Breathing
• Chest Pain
• Muscle Aches and Pain
• Headaches
• Fatigue
• Loss of Appetite
• Confusion or Mental Changes

The symptoms typically develop 2 to 10 days after exposure to the Legionella bacteria.

Anyone can contract the disease, but certain people are more vulnerable:

Certain groups of people are at a higher risk of developing Legionnaires’ disease, including:

• Elderly individuals (especially those over 50 years old)
• Smokers and former smokers
• People with chronic lung diseases
• Individuals with weakened immune systems
• Those with underlying health conditions like diabetes or kidney failure
• Recent hospital patients
• Residents of care homes or long-term care facilities

Flushing taps/water systems may reduce the risk of Legionella by removing stagnant water. However, it doesn’t eliminate the bacteria entirely. Proper maintenance and regular testing are essential for Legionella control.

Yes, Legionella can be prevented in facilities like schools. Schools should conduct a risk assessment of water systems, regularly monitor water temperatures, encourage flushing of infrequently used outlets, clean and disinfect fixtures and maintain water heaters properly.

Cooling towers, if present, should be well-maintained and treated. Staff training on Legionella awareness is crucial, and compliance with local Dorset guidelines is essential. Seeking professional advice for risk assessment and control measures ensures effective prevention and provides a safe environment for students and staff.

In the UK specific legal liabilities may include:

• Compliance with Health and Safety Regulations: Property management companies are obligated to comply with health and safety regulations, which often include requirements for Legionella risk control.
• Duty of Care: Property management companies have a duty of care to take reasonable steps to prevent harm or illness due to Legionella exposure on their properties.
• Negligence Claims: If someone becomes ill with Legionnaires’ disease or suffers harm due to Legionella exposure on a managed property, there could be negligence claims if it is proven that the property management company failed to meet its duty of care.
• Contractual Obligations: Property management companies may have contractual agreements with property owners or tenants that include responsibilities for Legionella prevention and testing.