Legionnaires' Disease - Are You Managing the Risk in Your Premises?
Most healthcare professionals may already have an legionella assessment in place, however, it is crucial that it is up to date and that any recommendations in the report are actioned.
What is Legionnaires' Disease?
Legionnaires' Disease is well known as a particularly unpleasant, and potentially fatal lung infection. As with many illnesses, anyone can be affected, but older people, current or previous smokers, and those with weakened immune systems can be particularly badly affected.
Legionella bacteria are waterborne. This means that any water-containing plant or machinery which is installed in your premises could potentially be a risk factor for legionnaires' disease. This can include hot and cold water storage tanks and pipes, and air conditioning systems.
Which Legislation Covers Legionella Risk Assessments?
The Health and Safety Executive (HSE) have published a Code of Practice on the Control of Legionella in water systems, available online here. This provides a framework for assessing and managing the risks in your premises in order to minimise the possibility of exposure to legionella.
Unlike with the control of asbestos or fire safety, there are no specific regulations which deal with legionella.
However, the general duties under the Health and Safety at Work etc Act 1974 would extend to managing the risks associated with legionella exposure. The Control of Substances Hazardous to Health Regulations 2002 also provide details on how to assess, prevent and control the risks posed by bacterial infection. This means that failure to adequately manage the risk of legionella infection could result in prosecution, and if an individual were to contract legionnaires' disease, they may be able to bring a claim against you for failure to protect them from infection.
What Implications Could There Be in Healthcare Premises?
As well as the general duties under health and safety legislation, the Care Quality Commission (CQC) focuses on legionella and expects practices to be able to show that the risk of legionella has been assessed and is being managed, and they flag the HSE guidance as best practice to follow.
The requirement for a risk assessment and management plan is also explicitly required as one of the Minimum Standards under Part 1 of Schedule 1 of the National Health Services (General Medical Services - Premises Costs) Directions 2013 (Directions); and so without these documents, GP practices could find themselves in the position where their notional rent or rent reimbursement is stopped.
What Should I Do to Manage the Risks?
The good news is that by following the HSE guidance, you will have covered your duties under health and safety legislation, CQC requirements and the minimum standards in the Directions. If you are not confident that you are competent to carry out the assessment yourself, you can commission an external agency to carry this out for you. The Legionella Control Association website enables you to search for an assessor and contains further useful information.
As with all of your compliance documentation, we recommend that you:
- keep copies of your legionella risk assessment and management plan in a safe and easily accessible place
- ensure that any recommendations in the assessment are actioned and (if appropriate), an updated assessment is carried out
- plan ahead and diarise for future risk assessments/reviews
- consider if an interim assessment is appropriate if something happens to the water system, which may increase the risk of legionella e.g. damage to the system