Is Legionella Testing a Legal Requirement?
In this article the water safety specialists at Water Treatment Services consider legionella testing and whether it is a legal requirement under UK law.
The article considers the current legal position, guidance on testing, when water sampling is required, who can carry it out, and concludes by highlighting who has ultimate responsibility for ensuring the safety of water systems is maintained.
Controlling Legionella bacteria in manmade in water systems
Legionella bacteria exist in natural water sources, but it can also find its way into manmade water systems. It is here that it can potentially cause significant issues to human health. If left unchecked it can multiply and colonise one or more parts of a water system, and if this occurs it can lead to one or more people inhaling the bacteria in a water aerosol. This can cause Pontiac fever or its more serious counterpart, Legionnaires’ disease which is a serious lung condition that can be fatal in some cases.
Clearly, anyone who has responsibility for making sure a hot and cold water system is safe to use must be aware of the potential risks from Legionella bacteria and reduce them as much as possible. If you are a business owner or someone who is in control of premises where there is a hot or cold water supply – or both – you have a legal duty to make sure people using the building are safe from potential infection in this way.
This process begins with a legionella risk assessment, specifically looking at the water systems and considering where the risks lie, how serious they are and what needs to be done to bring those risks under control. However, another topic many people ask about concerns legionella testing. Is it legally necessary to take samples of the water from various parts of the system and test them for legionella? We find out the answers below.
What is the official guidance on legionella testing?
In the UK legionella testing is not necessary in all circumstances. For example, most landlords who rent out domestic properties to tenants should not need to test the water in the systems under their control. In this case, a risk assessment for legionella should be straightforward and should not identify any particular risks that might warrant regular water testing.
However, this would not prove the case in all circumstances. A risk assessment should identify whether there are any specific risks involved in that water system. These might include:
- Stored water, i.e. in a water tank or calorifier
- Recirculated water
- Exposure to water droplets or mist in one or more parts of the system; examples might include anything from a cooling tower, a decorative water feature, a hot tub to the spray from a shower head
- Water temperatures that are either not cold enough to inhibit bacterial growth or not high enough to kill it
- Doubts over the efficiency of the legionella control scheme in place for the water systems
- A suspected outbreak of Legionnaires’ disease associated with the system
- Concerns relating to employees, visitors, or other individuals who are at a greater risk of contracting Legionnaires’ disease should they be exposed to the bacteria
If any of these elements are present, regular legionella testing would be a good idea. It would allow you to evaluate how safe your water systems are at any point in time. It would also highlight any problem areas that require further investigation, treatment, or more regular testing.
Is it a legal requirement to test for legionella?
If your water system is closed (not exposed to the atmosphere) and your risk assessment does not highlight any potential areas of concern, legionella testing may not be required at any point. That said, you should repeat your legionella risk assessment every two years, or sooner if there are any material or notable changes to the water system. In some cases, more frequent assessments may be required if the need arises.
In each case, the legionella risk assessment should highlight whether testing is required. For example, if a room with a shower and basin has gone out of use since the last assessment was made, this room may now present a bigger risk than it did previously. This might suggest that testing would be prudent, to make sure Legionella bacteria has not had a chance to colonise that part of the water system and increase the risk to building users.
Who can conduct legionella sampling?
Sampling water systems for legionella must be undertaken by a competent person, someone who knows what they are doing and how to do it. While you may be competent to run through a risk assessment of your water systems, your competency level may not be sufficient to cover water sampling as well.
It is usually best to seek out the services of an expert if your legionella risk assessment does show that testing is required at certain times. There are several advantages to this.
1. Firstly, experience and qualifications (competence) are crucial here. Unless you have taken courses that give you the information you need to be able to test the water safely and effectively, it’s best to call in an expert.
2. Secondly, knowing how and where to test is just as important as the testing itself.
3. Thirdly, an expert will know how often to test and how to proceed based on the test results.
Who is responsible for legionella testing?
If you are a business owner, landlord, the Duty Holder or named Responsible Person, it’s vital to remember that responsibility for these elements remains with you throughout the process. However, when you’ve taken on the services of a water safety expert, they can provide you with advice on whether water sampling is actually required, and if it is, where and how often you should sample your water systems for legionella – this primarily depends on the results of your risk assessment. This is often easier than trying to do it all yourself and risking making mistakes.
Even though legionella testing will not always be required, it is reassuring to know that help is available to ensure this vital aspect of keeping your water systems safe for use. Finding a trusted source of information on this topic could help you in many other ways too.
Expert legionella testing and water safety solutions
Water Treatment Services offer a range of specialist legionella and water safety solutions to support those responsible for the safety of water systems including business owners, landlords, the statutory duty holder and responsible person.
Contact us today to learn how our water safety specialists can help you manage your water systems, maintain regulatory compliance and so keep people safe.
With offices in London serving the South and South East England, Manchester (North West), Birmingham (Midlands), Bristol (South East England and Wales), Leeds (North and North East) and Glasgow (Scotland), supported by regional teams of specially trained technicians and engineers we can offer specialist Authorising Engineer support, legionella risk assessments, training, water quality analysis and other risk management solutions throughout the UK and Internationally.
Contact us today to learn how our water safety and legionella management solutions can help you.
