Legionella control is a complex issue with serious consequences if not properly managed. There are strict regulations in place that all organisations with premises in the UK need to be aware of to stay compliant – and notification of risks and issues is a big part of this.

When to notify

An important aspect of responsible legionella control is notification of bacterial growth and other risk factors to relevant bodies.

While other authorities around the world may require all organisations to report on positive results for legionella testing, this isn’t always necessary in the UK (see below). However, your notification responsibilities aren’t only something to be aware of in the event of a positive test for the bacteria. They are equally important when it comes to the water system set-up at your premises and any components that may pose a risk.

Following a positive test for the bacteria

A positive test result is not necessarily a sign of non-compliance with health and safety guidelines, so the first step should be not to panic. Instead, you should review your legionella risk assessment and control scheme to identify any remedial and preventative measures that you need to implement in response. If the continued use of the water system represents a reasonably foreseeable risk to your staff and site visitors, undertake water chlorination as soon as possible.

Afterwards, you should carry out a second round of water sampling to ensure the legionella is taken care of.

There are no HSE requirements that require organisations to notify the regulator in the event of a positive test result. However, depending on their business, some organisations are required to notify another relevant body. For example, care homes are required to follow Regulation 18 of the Health and Social Care Act and notify the Care Quality Commission, or risk financial penalties, even if they have taken appropriate action to protect the health and safety of residents, staff and visitors.

Your water system set-up

Importantly, the HSE notes that it is an organisation’s responsibility to notify their local authority in writing of any cooling towers or evaporative condensers on site. This falls under the Notification of Cooling Towers and Evaporative Condensers Regulations 1992, and must include details of where the equipment is located and if/when the devices are no longer in use. (Notification forms will be available from your local authority or environmental health department.)

The HSE states that other systems that don’t rely on the principle of evaporation (such as dry/wet coolers or condensers) may not necessarily require notification. But this should be determined by assessing them against the notification requirements in the regulations (for example, where systems may spray water directly onto the surface of the heat exchanger).

Legionnaires’ disease notifications

Legionnaires’ disease is a potentially fatal form of pneumonia that can be contracted from inhaling drops of water in the air that contain legionella bacteria. Outbreaks of this disease can be deadly, and – as well as impacting on the health and safety of people – the legal and financial consequences for the responsible business can hit hard.

With this in mind, the HSE confirms that under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations it is imperative that organisations report cases of legionellosis in any employee who has worked on cooling towers, or hot and cold waters systems, that may be contaminated with legionella bacteria.

If you want to know more about your legionella control responsibilities and make sure you stay compliant with all regulations, download our easy-to-use legionella compliance checklist today.