As a landlord, you are legally required to perform a legionella risk assessment. The assessment must identify potential sources of legionnaires’ disease and take necessary steps to control any risks found.
Legionnaires’ disease is a severe form of pneumonia caused by bacteria. Landlords have a duty of care to provide safe and healthy accommodation for their tenants. The health and safety executive (hse) recommends that landlords perform a legionella risk assessment annually, and any necessary actions are taken to control the risks associated with legionella bacteria.
Legionella bacteria can grow in water systems, such as hot and cold water tanks, cooling towers, spa pools, and even garden hoses. The bacteria can be inhaled through water droplets, causing legionnaires’ disease, which can be life-threatening.
A thorough legionella risk assessment will help landlords identify potential risks and hazards associated with their water systems and take preventative measures to protect their tenants. Failure to carry out a legionella risk assessment can result in legal action and hefty fines.
Understanding Legionella Bacteria
Legionella is a type of bacteria that can cause a serious illness called legionnaires’ disease. The bacteria are commonly found in water sources and can grow in hot tubs, air conditioning systems, and plumbing systems.
What Is Legionella And Why Is It Dangerous?
- Legionella is a bacteria that can cause legionnaires’ disease, a severe form of pneumonia.
- The disease can be life-threatening, especially for people with weak immune systems, older adults, and smokers.
How Does The Bacteria Spread?
- Legionella bacteria can spread through inhalation of contaminated water droplets.
- The bacteria can grow in stagnant water, such as in hot tubs, cooling towers, and plumbing systems.
- People can also become infected by inhaling steam from hot water, showerheads, and faucets.
Who Is Most At Risk Of Getting Sick From Legionella?
- People with weakened immune systems, such as those with cancer, hiv, or organ transplants.
- Adults over 50 years old, especially smokers or people with chronic lung disease.
- Anyone who has recently stayed in a hospital or a long-term care facility.
- People who work in certain jobs, such as plumbers or cooling tower maintenance workers.
Legionella bacteria can cause a serious illness called legionnaires’ disease. The bacteria can grow in water sources and spread through inhalation of contaminated water droplets. People with weak immune systems, older adults, and smokers are most at risk of getting sick from legionella.
As a landlord, it is essential to understand the risks associated with legionella and take appropriate action to protect your tenants. Conducting a legionella risk assessment and implementing control measures can help to prevent the spread of the bacteria and keep your tenants safe.
Legal Obligations For Landlords
What Laws Require Landlords To Assess The Risk Of Legionella?
Landlords are bound by certain legislation to ensure the safety of their tenants. Here are the key laws that make it obligatory for landlords to assess the risk of legionella:
- The health and safety at work act 1974: The law requires landlords to keep their rental properties free from hazardous materials that can cause harm to their tenants’ health.
- The control of substances hazardous to health (coshh) regulations 2002: The regulation aims to protect people from exposure to hazardous substances, including legionella bacteria.
- The control of legionella regulations 2018: The regulation mandates landlords to carry out a risk assessment to identify the presence of legionella in their rental property’s water systems.
What Are The Consequences Of Failing To Comply With Legal Obligations?
If a landlord fails to assess the risk of legionella and falls foul of the law, some consequences may follow. Here are some repercussions of not complying with legal obligations:
- Health problems: Failure to comply with legionella risk assessment can cause health problems to tenants, such as pneumonia, legionnaires’ disease, and pontiac fever.
- Legal repercussions: Not performing a legionella risk assessment is a criminal offense, and landlords can face prosecution, resulting in a fine or imprisonment.
- Loss of reputation: Landlords who disregard their legal obligations may damage their reputation, which can affect their business significantly.
Is The Risk Assessment Mandatory For All Rental Properties?
The risk of legionella bacteria is present in all properties, regardless of their size, type, or age. As a result, risk assessment is mandatory for all rental properties, including commercial and residential properties.
Some of the factors that determine the level of risk for legionella in a property include:
- Whether or not the property has a water system that can provide an environment for the bacteria to grow.
- The temperature of the water system and whether it is conducive for the bacteria to thrive.
- Whether the water system is adequately maintained and up to current standards.
A risk assessment should be carried out by a competent person with adequate knowledge and experience in identifying the hazards and taking measures to reduce the risks. Ultimately, safeguarding the health and safety of the tenants should be the priority for every landlord.
Conducting A Legionella Risk Assessment
Do I Need A Legionella Risk Assessment As A Landlord
As a landlord, one of your main responsibilities is to ensure that your tenants are safe and healthy in the property you provide. Legionella risk assessment is an essential aspect of maintaining the health and safety of your tenants. We’ll take a closer look at conducting a legionella risk assessment and who can perform it.
Who Can Perform A Legionella Risk Assessment?
A legionella risk assessment must be carried out by a competent person who has the necessary knowledge and expertise in assessing the risk factors that can be present in a property. This means they should have the following:
- Relevant training and qualifications in legionella risk assessment.
- Adequate knowledge and experience in the identification, prevention, and control of legionella bacteria and its growth in water systems.
- A clear understanding of the legal requirements related to legionella risk assessment.
- The ability to assess the risk factors associated with specific water systems.
What Does The Assessment Involve?
A legionella risk assessment involves:
- Identifying the potential sources of the legionella bacteria in the property’s water systems, including cooling towers, hot and cold water systems, spa pools, and other water systems.
- Evaluating and assessing the risk factors associated with each water system and determining the likelihood of legionella bacteria growing and dispersing.
- Suggesting practical control measures to reduce or eliminate the risks posed by legionella bacteria.
- Preparing and implementing a plan to manage and monitor the control measures put in place. Regular testing, checking, and monitoring are all essential to ensure the control measures remain effective over the long term.
How Often Should The Assessment Be Conducted?
As a landlord, you must undertake a risk assessment if you have not previously carried one out, or if there have been any significant changes to your water systems.
After that, you should review and update the assessment at least every two years, or if there has been a change of tenant, or you have received complaints about the quality of the water from your tenants.
Conducting a legionella risk assessment is crucial for ensuring the health and safety of your tenants. A competent person should perform this assessment, and it should be done regularly to keep the assessment up-to-date to avoid any potential health hazards caused by the presence of legionella bacteria.
Frequently Asked Questions For Do I Need A Legionella Risk Assessment As A Landlord?
What Is A Legionella Risk Assessment?
A legionella risk assessment is an evaluation to identify potential sources of legionnaires’ disease.
Who Needs A Legionella Risk Assessment?
As a landlord, if you rent out a property, you have a legal responsibility to ensure the safety of your tenants by conducting a legionella risk assessment.
How Often Should A Legionella Risk Assessment Be Carried Out?
It is recommended that legionella risk assessments are conducted yearly, or if there are any changes to the water system in the property.
What Happens During A Legionella Risk Assessment?
A qualified assessor will visit the property and inspect all water systems, take samples if necessary, and evaluate the risk of potential legionella bacteria growth.
Conclusion
As a landlord, ensuring the safety and wellbeing of your tenants is of utmost importance. Legionella is a serious bacteria that could potentially harm your tenants, and as such, conducting a risk assessment is crucial. By assessing your property and identifying any potential risks, you can take the necessary precautions to prevent a legionella outbreak.
Investing in a risk assessment not only protects your tenants, but also protects you from legal action should an outbreak occur. It’s always better to be proactive than reactive, and a legionella risk assessment is an excellent way to be proactive.
Remember, your tenant’s safety is your responsibility, and conducting a risk assessment is a simple yet necessary step in fulfilling that responsibility. Don’t wait until it’s too late; take action today to ensure a safe and healthy living environment for your tenants.
Reference: https://www.hse.gov.uk/legionnaires/legionella-landlords-responsibilities.htm