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Legionella Legislation

This page summarises the main legislation and guidance, and how The Testing Lab PLC (TTL) can help you comply.

Legionella Legislation

This page summarises the main legislation and guidance, and how The Testing Lab PLC (TTL) can help you comply.

Legionella Legislation UK

Water is something most of us take for granted, but poorly managed water systems can allow Legionella bacteria to grow and spread, leading to serious illness and even fatalities.

UK health and safety law places clear duties on employers, landlords and anyone in control of premises to assess and control the risk from Legionella. This page summarises the main legislation and guidance, and how The Testing Lab PLC (TTL) can help you comply.

Your legal duties for Legionella control

If you are an employer, landlord or have control of a building or water system, you must:

  • Make sure your undertaking is carried out so that people are not exposed to health and safety risks.

  • Identify and assess any risk from Legionella bacteria in your water systems.

  • Prevent or control those risks using suitable measures.

  • Manage and monitor the controls to ensure they remain effective.

  • Keep appropriate records and review your arrangements regularly.

These duties apply across England, Scotland and Wales and cover workplaces, rental properties, healthcare settings, education, commercial and industrial premises

Key UK legislation and guidance

Several pieces of legislation and guidance work together to define what you must do:

  • Health and Safety at Work etc. Act 1974
    This is the overarching law that requires employers and those in control of premises to ensure, so far as is reasonably practicable, the health and safety of employees and others who may be affected by their undertaking.

    Control of Substances Hazardous to Health Regulations (COSHH)
    Legionella bacteria are classed as a hazardous substance. COSHH requires you to assess the risk from hazardous substances, prevent or adequately control exposure, and maintain and monitor control measures.

    Management of Health and Safety at Work Regulations 1999
    These regulations require employers to carry out suitable and sufficient risk assessments, make appropriate arrangements for planning, organisation, control and monitoring, and appoint competent help.

  • Approved Code of Practice (ACOP) L8 – Legionnaires’ disease: The control of Legionella bacteria in water systems
    ACOP L8 explains how to comply with the above legislation specifically in relation to Legionella. Although not law itself, it has a “special” status – if you follow L8, you will normally be doing enough to comply with the law.

    HSG274 – Legionnaires’ disease: Technical Guidance
    HSG274 sits alongside L8 and provides detailed, system-specific guidance on how to control Legionella in different types of water systems.

What ACOP L8 expects dutyholders to do

ACOP L8 is aimed at “dutyholders” – typically employers, landlords and those with responsibility for the control of premises.

To comply with their duties in relation to Legionella, dutyholders are expected to:

  • 1. Identify and assess sources of risk

    • Understand how your water systems are designed and operated.

    • Identify where conditions could allow Legionella to grow (e.g. temperatures between 20–45°C, stagnation, presence of nutrients) and where aerosols may be created (showers, cooling towers, spa pools, etc.).

    2. Prevent the risk where reasonably practicable

    • Design systems to avoid conditions that favour Legionella, such as unnecessary stored water or dead legs.

    3. Control the risk where it cannot be avoided

    • Implement control measures such as temperature control, regular flushing, cleaning and disinfection, and water treatment where necessary.

  • 4. Implement, manage and monitor precautions

    • Put in place a written scheme of control, ongoing monitoring and inspection, and ensure that checks are carried out and recorded.

    5. Keep records

    • Maintain appropriate records of risk assessments, control measures, monitoring results and remedial actions for as long as required by law and guidance.

    6. Appoint a competent responsible person

    • Nominate an individual (or individuals) with sufficient authority, knowledge and competence to manage Legionella control and oversee contractors.

L8 also sets out responsibilities for designers, manufacturers, importers, suppliers and installers of plant and equipment, and for service providers such as water treatment and maintenance companies.

Speak to our Legionella & water compliance team

To discuss your legal duties, arrange a Legionella risk assessment or review your current water management arrangements, please contact our experienced and dedicated team:

Tel: 0800 177 7264
Email: info@thetestinglab.eu

Or please complete our online request a call back form by clicking the “Call Me” button, and we’ll respond promptly.

Technical guidance – HSG274 Parts 1, 2 and 3

HSG274 provides detailed practical guidance on controlling Legionella in specific types of systems. It is divided into three parts:

  • Part 1 – Evaporative cooling systems
    Guidance on cooling towers and evaporative condensers, including design, operation, water treatment and monitoring.

  • Part 2 – Hot and cold water systems
    Guidance for domestic water services in all types of buildings, including temperature control, storage, distribution, flushing regimes and routine checks.

  • Part 3 – Other risk systems
    Guidance for systems such as spa pools, fountains, humidifiers, vehicle washes and any other plant that may create water aerosols.

When TTL completes a Legionella risk assessment or water management programme, our assessors ensure that your controls and recommendations align with the relevant sections of HSG274 as well as L8.

Landlords and Legionella responsibilities

Residential and commercial landlords also have legal responsibilities under health and safety law. In practice this means:

  • You must assess the risk of Legionella in the water systems serving your properties.

  • You must take proportionate steps to control that risk – for example, ensuring hot water is stored and distributed at suitable temperatures, avoiding stagnant pipework and advising tenants on safe use.

  • For higher-risk buildings (such as HMOs, sheltered housing or properties with vulnerable occupants), more detailed assessments and control measures are often needed.

There is no specific legal requirement for a “Legionella certificate” or for routine Legionella sampling in every case. What is required is a suitable and sufficient risk assessment and appropriate control measures based on that assessment.

How The Testing Lab PLC helps you stay compliant

Legionella legislation can feel complex, but compliance is easier when you break it down into clear steps. TTL helps dutyholders across England, Scotland and Wales by providing:

Our aim is to translate the legal requirements into a practical, proportionate compliance plan for your specific buildings and systems.

Frequently asked questions about Legionella legislation

  • Is ACOP L8 a legal requirement?
    ACOP L8 itself is not law, but it explains how to comply with the law in relation to Legionella. If you follow L8, you will normally be doing enough to meet your legal duties. If you choose a different approach, you must be able to show that it is at least as effective.

  • Do all businesses need a Legionella risk assessment?
    If you have a water system in your workplace or premises, you must consider the risk from Legionella. In practice, that means almost all businesses need a Legionella risk assessment, even if the result is that the risk is low and simple controls are sufficient.

  • Do landlords legally need a Legionella risk assessment?
    Yes. Landlords have a duty to assess and control the risk from Legionella in rental properties. In many straightforward domestic properties this can be a simple, proportionate assessment, but it must still be documented and kept under review.

  • Is Legionella water sampling always required by law?
    No. Routine Legionella sampling is not mandatory for every system. Whether sampling is required depends on the type of system, risk level and guidance in HSG274. For some systems, such as cooling towers and certain healthcare premises, sampling is normally expected.

  • How often should Legionella controls be reviewed?
    Your risk assessment and control scheme should be reviewed regularly and whenever there is reason to suspect they are no longer valid – for example, changes to the system, building use or occupancy, or after an incident or case of Legionnaires’ disease.

Our Accredited Testing Services

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