Thesis
Is a Legionella Risk Assessment a Legal Requirement for a UK Landlord?
Legionnaires’ disease
Legionella is a bacterium which is capable of spreading collection of diseases termed as Legionellosis. These diseases may be fatal like Legionnaires’ disease or may be less serious like Pontiac fever and Lochgoilhead fever. The question is, “What are Legionnaires’ disease and its fatality?” This is the fatal form of pneumonia caused by inhaling the bacterium Legionella pneumophila that can be found naturally in water resources such as fresh water lakes, and reservoirs. Showers, boilers and other smaller tanks may still support growth and proliferation of Legionella pneumophila. Disease is contracted by drinking infected water, or from another infected person. The risk of this infection increases with age while following people are in the most fatal conditions of disease.
Smokers and heavy drinkers
Chronic respiratory or kidney disease patients
Diabetes, lung and heart disease suffering person
Above 45 aged people
Where does bacterium come from?
Legionella bacteria are widespread in fresh water sources like rivers and lakes but very low in numbers. During favourable conditions this bacteria reproduces and increases in numbers. Purpose-built water systems like cooling towers, evaporative condensers as well as in hot & cold water systems where water is maintained at a low and high temperatures is favourite place of this bacterium for growth. Hence in all sorts of natural water systems including spa pools for work and domestic usage, the risk of the infection expands. When the temperature becomes suitable for microbial growth like from 20°C to 45°C the legionella bacteria began to increase its number and diversity by reproduction. Inadequate backflow protection also plays a key role in its growth. When material is present which provides nourishment to the bacteria then there should be chances of legionellosis also. If there are means of creating of droplets inhalable such as by evaporative cooling tower or by showering; then there are chances of bacterial attack are numerous.
Legionella Risk Assessment
Risks must be controled while managing the health and safety of your property. Think about the fatality of the legionella and draw out the proper ways to manage prevention of legionella. Take reasonable risk assessments according to the existence of bacteria in water systems including evaporative cooling tower, hot and cold water system, spa pools, fountains water system and evaporative condenser. The assessor should be familiar with the type of systems to be at risk and aware of the factor increasing the growth of legionellosis. Following risk assessments are of key importance and should be taken for prevention of bacterial growth, to minimised the disease causing risks accroding to legionella’s reports.
Design: Good design of the natural water system can minimise the risk of causing Legionnaires’ disease by ensuring:
Evaporative cooling systems are enclosed as much as possible.
That the system design has good flow of heat transfer to every part.
That there is sufficient space and place for access for cleaning and maintenance purpose.
Water flow: Water Stagnation causes the production of biofilms which further encourage growth of Legionella; hence makes conditions more complex. Avoid water stagnation and low flow of water in system. Followings areas encourage stagnation:
Low or no flow areas in oversized storage tanks
Outlets not used for longer than a week
Blind ends of pipework with no flow
Infrequently used equipment attached with system.
Management and maintenance: Always make sure to clean the system to avoid any complications or sediments left over for bacterial growth and nourishment. Ensure that the system is well maintained and operates safely.
Suitable temperature control: Water temperature should be kept between 25°C and 50°C at any time during year is a practically best factor in controlling the risk of bacteria.
Legionella Risk Assessment for Landlords in UK
There is a duty for landlords in Manchester, UK to do risk assessment of any chances with exposure to Legionella pneumophilia microorganism, however health and safety laws doesn't need landlords to obtain a “Legionnaires testing certificate “Legionella testing is usually not needed in domestic hot and cold water systems and so solely in exceptional circumstances.
Misunderstanding of the legal needs by some consultants and material possession agents; concerning landlords’ responsibilities to manage growth of Legionella pneumophilia in domestic premises might end in needless money burdens which are being placed on landlords and tenants.
The clearly states that if you’re a landlord and rent out your property or (even give a room on lease within your own home) then you have legal responsibility to ensure the health and safety of your tenant, by keeping any risks and hazards away from him. This is landlord’s duty to take care of tenant with regards to their health and safety in Manchester, UK.
Why test for legionella’s in a domestic property?
Testing for legionella in a domestic property is not usually required in Manchester, but only required for specific circumstances. It is also known as the microbiological monitoring. This will be only required for the domestic property if there should be risk assessment indication that there is a problem. Then supplied system will be considered other than main, such as private water supplies and sampling. So legionella monitoring should be carried out where there is doubt about the exposure of bacteria. In this regard the water systems are treated with biocides where water is usually stored or distributed. If the water system where the control levels of the treatment regime e.g. temperature or disinfectants concentration is present then on these bases further treatment is done on weekly bases.
What are the consequences if a test isn't carried out?
If a test isn’t carried out by the landlord of domestic or other properties then it’s possible that consequences arouse with time. Although law does not prescribe that the risk assessment should be done every month and local authorities also doesn’t ask for the evidences of the test but whenever a tenant contract Legionnaires’ disease from the water system of their home. That’s the spot the landlord may be liable to be prosecuted under HSWA. He has then chance to demonstrate to court that he had done his duty according to UK’s law. So, keeping all the consequences of the Legionnaires’ disease in mind landlords should keep the record of risk assessment tests. In this regards periodically reviewing your risk assessment is a great idea to carry out any inspection of water system, so that routine maintenance can be assured.
Legionella’s Reports
During 2000 to 2005, a total 49,930 confirmed Legionnaires’ disease cases were reported to NNDSS. In 2014 the majority of the cases were occurred in persons above 50 years of age hence incidence increased with age. Making the statement clear there were almost 81% of cases reported in persons above 50 years and this increased to highest rate in persons above 85 years at rate of 7.32 cases per 100,000 persons. While in 2015 the similar 81% of reported cases occurred in person above 50 years but the incidence increased to the highest rate of disease in persons above 85 years at rate of 8.16 cases per 100,000 persons. Males show highest rate of disease and majority of confirmed cases reported to NNDSS. In 2014 males accounted for 59% cases while in 2015 this increased to 62%.
EPC / Legionella Reports
The recommendation reports offered by EPC, includes lists of cost effective measures helpful in improving the energy ratings of the building. The recommendation lists cover the entire cost effective recommendations certificate being implemented. The recommended report lists:
Improvements suggestions like in fitting loft insulation etc.
The approximate cost of these suggested improvements.
Cost saving plan per year in case of improvements are made.
Procedure of energy changing and carbon emission rating of the building.
The current energy efficiency is compared with implemented recommended carbon emission that your home achieves. EPC uses grades from A to G, G is least rating grade as compared to A which is top rated grade. The average grade is D.
Conclusion
Summarizing all the key points, Legionella (Legionnaires’ disease or Pontiac Fever) is caused by Legionella pneumophila a bacterium, which grows on hot and cold water reservoirs in a commercial or domestic property in Manchester, UK. The disease spread through inhalation of contaminated droplets of water, or by other infected person. If a landlord gives his property on lease or rent in UK to a tenant then it becomes his legal requirement to carry out risk assessments of legionella bacteria, for the safety of person and property. In this assessment the causes of disease are observed and necessary tests are carried out for its control. Necessary treatment of water system is carried out, so that the growth of legionella can be controlled. If tenant reports Legionnaires’ disease then this leads to the complex consequences for landlord and even prosecution of landlord. So landlords should keep in mind that this is legal requirement to carry out risk assessment for legionella bacteria in their property before the property is leased or rented to a tenant in Manchester, UK.