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Legal Requirement for Legionella Risk Assessment

As part of the law delineated in The Safety, Health, and Welfare at Work Act 2005 (S.I. No. 10 of 2005), measures must be in place to manage the risk of disclosure to Legionella bacteria in the workplace. Additionally, building owners, facility managers, etc., must ensure the health and safety of their employees. Maintain their water systems per recognised standards to fulfil their duty of care to visitors, patients, residents, and staff on adjacent properties.

In Ireland, under occupational Health and Safety legislation, employers have a legal responsibility to carry out a risk assessment concerning legionella deterrence and Control in the workplace, and where a risk is identified, proper control measures should be implemented, and a risk management plan should be adopted.

  • Safety, Health and Welfare at Work Act 2005 (No.10 of 2005)
  • Safety, Health and Welfare at Work (Biological Agents) Regulations 2013 (S.I. No.572 of 2013.)
  • Safety, Health and Welfare at Work (General Application) Regulations 2007 (S.I. No.299 of 2007)
  • Safety, Health and Welfare at Work (Chemical Agents) Regulations, 2001 (S.I. No.619 of 2001)

A systematic risk management approach, as advocated in the U.K. Health and Safety Commission’s ‘Legionnaires’ Disease: the Control of Legionella bacteria in water systems, Approved Code of Practice and Guidance (ACoP L8), should be adopted to prevent and control the risk of exposure to Legionella bacteria in water systems.

A Legionella Risk Assessment assesses the potential risk of Legionella growth within all water systems on site after installation and operation. Risk assessments are completed based on all relevant guidance and legislation, including:

  • The Health Protection Surveillance Centre has published National Guidelines for the Control of Legionellosis in Ireland in 2009.
  • HSE document L8 – Defending against legionnaires disease, Control of legionella bacteria in water systems: A code of practice and guidance approved by the Health and Safety Executive.

Legionella Risk Assessment provides a concise report that includes a documented summary of all plants, photographic evidence, an assessment of current policies and procedures, water sampling results, schematics of water systems, and an asset register if needed. Risk assessments should, in accordance with guidelines, include the following:

  • Identification and assessment of potential risk sources;
  • Determine the best means of preventing or controlling the risk;
  • Guide the implementation, management, and monitoring of precautions;
  • Identify and document the responsibilities of all managers