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safetychap  
#1 Posted : 13 November 2014 10:13:44(UTC)
Rank: New forum user
safetychap

Hi All, I have a query regarding legionnaires and the defined duty holder. One of my clients has a store in a large shopping centre, they have been asked by the centre management to carry out a legionnaires assessment of their store. The store comprises of a trading area, storage to the rear and welfare facilities. There is a sprinkler system that is consistent throughout the centre and monitored by the centre management. I'm trying to ascertain who has the overriding duty, and what (if any) assessments or periodic checks my client needs to be carrying out? My interpretation is that any checks / testing required should be recommended as a result of the assessment conducted by the centre management? Surely its those who have the overall responsibility for the shared water systems? Any help or pointers into the right direction would be greatly appreciated. Many thanks
Xavier123  
#2 Posted : 14 November 2014 11:58:21(UTC)
Rank: Super forum user
Xavier123

Interesting. The new HSG274 Part 2 guidance does begin to address this issue of shared premises - check page 46 and paragraphs 2.147 onwards. It sounds like both parties will have duties - so clarifying exact roles and responsibilities between the two is key. I would suggest that your client has every right to ask questions of their landlord about the incoming water supply to their unit including the sprinklers...but the landlord also has every right to ask questions about what is being done with that water - particularly if there is a possibility of any Lp reservoir forming that may seed contamination back into the common centre supply. They can't do the risk assessment for your client though as they have no control over who goes into the store, the way the store uses the water etc. This is controlled by your client and so is their risk to control unless they've contractually moved it to the landlord.
JYoung  
#3 Posted : 28 November 2014 09:31:16(UTC)
Rank: Forum user
JYoung

Plus they will need to have the relevant training, knowledge and experience to carry out the risk assessment. There are comapnies that provide this and assistance in getting the checks etc up and running. Awareness training maybe an idea for those working in the premises (or for atleast one of them).
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