Posted By Simon Wright I work in local government and there is an ongoing debate as to who is the 'responsible person' with regard to legionella management. I work in a department where we have employees who are competent with regard to legionella management but do not hold or control the budget(s) which are spent on legionella management (e.g. water quality improvement works such as replacement of water tanks, etc). Our department / our competent person can recommend the actions that need to be taken but ultimately has no control over where the funds are allocated. Para 43 of the Legionella ACOP (L8) states that 'the appointed 'resonsible person' should be a manager, director, or have similar status and the sufficient authority, competence and knowledge of the installation to ensure that ........' While our 'competent person' has the competency and knowledge he doesn't have the authority i.e. he doesn't control the budget / funds. Funds are allocated to certain works based on his recommendations but he cannot control where these funds are directed other than through recommendation. I would welcome views on who is the 'responsible person' in this case - do you agree that it is the person who controls the funds and actually allocates them to specific water quality works, i.e. the budget holder? If you are competent and make competent, sensible recommendations based on HSE-approved practices and the budget holder chooses to ignore your recommendations, can you be held resposible if something goes wrong?

Posted By Malcolm Fryer Simon There is more than one question to answer here. I would stick with para 43 of the Legionella ACOP (L8) states that 'the appointed resonsible person' should be a manager, director, or have similar status and the sufficient authority, competence and knowledge of the installation to ensure that etc. I would take the above and in your role as advisor suggest the organisational arrangements and policy be amended to incorporate the above. They will then have to find the resources either in house from your department or out sourced solutions . If you aint got the authority and funds then not much is going to happen. If you are competent and make competent, sensible recommendations based on HSE-approved practices and the budget holder chooses to ignore your recommendations, then there is likely to be a bit of an enquiry :-). My suggestion is to ensure that this issue is documented via memos, e-mail or meeting minutes. Should you have to defend your position then the evidence will be available. Trust that this assists.