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JL  
#1 Posted : 14 November 2017 14:21:57(UTC)
Rank: Forum user
JL

Struggling to find specifics in H&S legislation that states monthly temperature checks need to be completed on all workplace water systems, Is this a legal requirement or is it based on the results of a risk assessment that determines the schedule for temperature checking.

Adams29600  
#2 Posted : 14 November 2017 14:38:40(UTC)
Rank: Forum user
Adams29600

Not specifically a legal requirement, but the simplest method of controlling Legionella is by maintaining water temperatures and temperature checks are the means of demonstrating control. What does your Legionella Risk Assessment tell you?

Edited by user 14 November 2017 14:39:35(UTC)  | Reason: Not specified

JL  
#3 Posted : 14 November 2017 15:24:02(UTC)
Rank: Forum user
JL

Originally Posted by: Adams29600 Go to Quoted Post

Not specifically a legal requirement, but the simplest method of controlling Legionella is by maintaining water temperatures and temperature checks are the means of demonstrating control. What does your Legionella Risk Assessment tell you?

No major iisues with the Risk assessment, I've just have an accounts department on my back trying to save money, clearly they are thinking that cutting back on temperature checks is a "quick win" in saving pennies. 

I'm trying to convince them that this is an area where we should not realy be looking at cutting back (multiple monthly temperature checks over a number of offices throughout the UK), I realise tha the ACOP recomends monthly checks but cant see it ib th elegislation. 

georgiaredmayne  
#4 Posted : 14 November 2017 15:30:22(UTC)
Rank: Forum user
georgiaredmayne

Hi James,

Remember that ACOP's have a quasi-legal status. If you can't demonstrate you are doing the monthly temperature checks you need to demonstrate you are doing something as good as/better in order to comply with relevant legislation.

Georgia

Edited by user 14 November 2017 15:32:25(UTC)  | Reason: Not specified

Guinness_Alan  
#5 Posted : 14 November 2017 15:40:24(UTC)
Rank: Forum user
Guinness_Alan

It depends what you have in your buildings. If you have stored hot and cold water then temperature monitoring is the best way to show that things are under control. You also then need tank inspections, tank disinfection etc. 

If it is all mains fed with local water heaters (<15 litres) then there is no need for temperature monitoring.

If there are showers, they need to be disinfected quarterly, or removed if they are never used.

Rarely used outlets need to be flushed weekly.

Everything needs to be recorded in the site legionella logbook.

thanks 1 user thanked Guinness_Alan for this useful post.
JL on 16/11/2017(UTC)
RayRapp  
#6 Posted : 14 November 2017 16:09:30(UTC)
Rank: Super forum user
RayRapp

I suggest the RA is a the sole driver because the extent of the checks will depend on the environment, state of the infrastructure, vulnerability of occupants, previous findings and so on. For example, in our sheltered housing we supplement monthly checks with weekly flushing as per our RA, due in part to the vulnerability of the residents. The elderly and infirm are more susceptible to contracting Legionella. 

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Steve e ashton on 15/11/2017(UTC)
Steve e ashton  
#7 Posted : 15 November 2017 01:19:13(UTC)
Rank: Super forum user
Steve e ashton

And if your only potential source of aerosol is the flush toilet at the back of the retail shop... Then save money, and stop measuring the temp of the cistern. No significant risk, no further action required. I have seen reports from so called safety consultants which identified temperature measurement of the garage toilet and of the inlet to the wall mounted instant hot water boiler as 'essential"... ....
Xavier123  
#8 Posted : 15 November 2017 09:11:55(UTC)
Rank: Super forum user
Xavier123

I'm intrigued as to the nature of the saving you're looking to make.  Presumably paying a third party to come around with a thermometer and run outlets around the building/site for a couple of hours?

Hardly a difficult task and easily instructable to almost anyone on the site - so long as you're clear which outlets they should be checking/recording.  So why not both?  Save money and deliver monitoring?

Agree with Ray about the RA.  Get that done sensibly and proportionately if you haven't the in-house skill and the way forward becomes more straightforward.

CDL  
#9 Posted : 15 November 2017 09:53:17(UTC)
Rank: New forum user
CDL

Originally Posted by: georgiaredmayne Go to Quoted Post

Hi James,

Remember that ACOP's have a quasi-legal status. If you can't demonstrate you are doing the monthly temperature checks you need to demonstrate you are doing something as good as/better in order to comply with relevant legislation.

Georgia

I agree with Georgia on this. By demonstrating that you are performing monthly tap temperature checks you are doing something deemed as reasonably practicable under Section 4 - duties of those in control of premises, ensuring that plant provided for others use is safe and without risk to health

See link below 

http://www.hse.gov.uk/pubns/books/l8.htm

Kind Regards

CDL

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JL on 16/11/2017(UTC)
johnwatt  
#10 Posted : 15 November 2017 12:07:19(UTC)
Rank: Forum user
johnwatt

I'd point out this clause on the inside first page of HSE ACoP L8 - The control of legionella bacteria in water systems:

"The code has a special legal status. If you are prosecuted for breach of health and safety law, and it is proved that you did not follow the relevant provisions of the code, you will need to show that you have complied with the law in some other way or a court will find you at fault. "

Ian Bell2  
#11 Posted : 15 November 2017 12:47:58(UTC)
Rank: Super forum user
Ian Bell2

Draft a formal company note/document saying to the effect that Legionella safety check are not cost effective and that the company and individuals accept legal liability for any consequences. Then insist you company accountant and managing director personally sign the document.
Xavier123  
#12 Posted : 15 November 2017 12:52:57(UTC)
Rank: Super forum user
Xavier123

Yes and no re: ACoP.

Technically, HSG274 Part 2 is  the guidance that refers to monthly temperature checks and not the ACoP.  So failure to undertake monthly temperature checks is not necessarily a problem unless they are a defined part of your scheme of control which WOULD be a failure to comply.

HSG274 does not have the same status as L8 and specifically makes the point that monthly temperature checks are an 'indication'.  It is for the risk assessor to decide what the frequency is and for they and the dutyholder to determine the scheme of control - albeit highly likely to be influenced by a certain checklist in a certain HSE guidance document....

thanks 3 users thanked Xavier123 for this useful post.
JohnW on 15/11/2017(UTC), JL on 16/11/2017(UTC), mihaibertea on 19/11/2017(UTC)
FM-Dave  
#13 Posted : 30 November 2017 10:06:38(UTC)
Rank: New forum user
FM-Dave

As far as I understand, you need a very good reason to be straying from the accepted methods and need to be able to prove the reason why you aren't following the ACOP. Though cost can sometimes be a factor in risk assessment, it really doesn't apply here.

Never heard of having to check water temperatures in cisterns before. Lesser used outlets are put on a weekly flushing regime but temperature checks? Would really love to know if I've somehow missed a pretty standard practice.

Guinness_Alan  
#14 Posted : 30 November 2017 10:28:06(UTC)
Rank: Forum user
Guinness_Alan

Cold water storage tanks are referred to as cisterns in some documentation. They should have the storage temperatures checked twice a year (summer and winter).

If you're not following the recommandations based on L8 you need to be able to show that what you are doing is at least as good as what L8 recommends.

A Kurdziel  
#15 Posted : 30 November 2017 10:33:16(UTC)
Rank: Super forum user
A Kurdziel

Section 40 of the Health and Safety at Work Act makes it clear that it is the responsibility of the employer to demonstrate that they are using the best means practicable to manage a Health and Safety issue. If HSE guidance suggests that the best way to manage legionella is by means of regular monitoring of water temperatures then that is the approach you should follow unless you can come up with something that has been demonstrated to be as effective.

As to cost saving being an excuse for cutting back on legionella monitoring, remember the Barrow-in-Furness outbreak, where a manager of a council run arts centre   (who knew nothing about legionella) decided to save money by cutting back on the monitoring of legionella. This resulted in 7 deaths, another 200 cases of the disease and a prosecution for both the council and the manager in question.  See http://news.bbc.co.uk/1/...land/cumbria/4250401.stm

So when your bosses review the risk assessment make sure they bear that in mind.  

Steve e ashton  
#16 Posted : 30 November 2017 11:04:14(UTC)
Rank: Super forum user
Steve e ashton

Originally Posted by: FM-Dave Go to Quoted Post
As far as I understand, you need a very good reason to be straying from the accepted methods and need to be able to prove the reason why you aren't following the ACOP. Though cost can sometimes be a factor in risk assessment, it really doesn't apply here. Never heard of having to check water temperatures in cisterns before. Lesser used outlets are put on a weekly flushing regime but temperature checks? Would really love to know if I've somehow missed a pretty standard practice.
To be clear: the example I used earlier referred to a toilet cistern only! There was no other 'stored' water on site, and the toilet was flushed a lot more than once per week! The plumber who was paid to do the temperature checks knew a mug when he saw one... Some so-called consultants (and the consultancies who employ them) really do need to get a grip and a sense of reality!
thanks 1 user thanked Steve e ashton for this useful post.
FM-Dave on 30/11/2017(UTC)
FM-Dave  
#17 Posted : 30 November 2017 11:11:50(UTC)
Rank: New forum user
FM-Dave

Originally Posted by: Steve e ashton Go to Quoted Post
Originally Posted by: FM-Dave Go to Quoted Post
As far as I understand, you need a very good reason to be straying from the accepted methods and need to be able to prove the reason why you aren't following the ACOP. Though cost can sometimes be a factor in risk assessment, it really doesn't apply here. Never heard of having to check water temperatures in cisterns before. Lesser used outlets are put on a weekly flushing regime but temperature checks? Would really love to know if I've somehow missed a pretty standard practice.
To be clear: the example I used earlier referred to a toilet cistern only! There was no other 'stored' water on site, and the toilet was flushed a lot more than once per week! The plumber who was paid to do the temperature checks knew a mug when he saw one... Some so-called consultants (and the consultancies who employ them) really do need to get a grip and a sense of reality!

Thank you. I should have been clearer that I meant toilet cisterns. Good to know I haven't completely missed something.

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