Ventilation Hygiene Services.....

Legislation for General Managers, Facilities, Maintenance & Estates

Corporate Manslaughter Act

The Corporate Manslaughter Act will make it much easier for prosecutors to secure convictions in outbreaks of Legionnaires’ disease and in the aftermath of building fires linked to poorly maintained ventilation, according to leading legal experts.

Your responsibility

THE HEALTH & SAFETY AT WORK ACT 1974 Places a ‘duty of care’ on all employers to "provide and maintain a working environment that is, so far as is reasonably practicable, safe and without risk to health".

THE MANAGEMENT OF HEALTH & SAFETY AT WORK REGULATIONS 1999 (Regulation 3) place a specific duty for every employer to make a "suitable and sufficient assessment of risks to the health and safety of his employees to which they are exposed whilst they are at work and the risk to the health and safety of persons not in his employment"

This would include the risks associated with the ventilation systems and water systems. Such a risk assessment should be recorded and protective measures should be put in place to control any risks identified.

Legal requirement & HSE guidance for ventilation system hygiene

Your responsibility

THE WORKPLACE (HEALTH, SAFETY AND WELFARE) REGULATIONS 1992 (Regulation 5) requires that mechanical ventilation systems used for providing general ventilation are maintained (including cleaned as appropriate).

If and when, these are cleaned should be defined by the risk assessment process

Overview - Compliance & Covering your Legal Position

HSG202 GENERAL VENTILATION IN THE WORKPLACE, GUIDANCE FOR EMPLOYERS states “as a general rule, if you run your finger along the opening of a duct and it collects dust then it probably needs cleaning”. It also notes that the HVCA and CIBSE provide information on testing for likely contaminants in ductwork and on ductwork cleaning.

To ensure that your legal position is covered in terms of ventilation system hygiene, you need to define:

A ‘suitable and sufficient’ assessment of risk.

When it is ‘appropriate’ to clean,

What ‘a suitable system of maintenance is,

What ‘suitable intervals’ for maintenance are, and

What ‘a suitable record’ for the validating of the maintenance programme is.

Legal requirement for controlling legionella in water systems

Your responsibility

The Control of Substances Hazardous to Health Regulations 1999 place a statutory duty on building owners and operators to control the risk from exposure to legionella bacteria.

Overview - Health & Safety Commission ACOP & Guidance

The Approved Code of Practice & Guidance L8 Legionaires’ disease The control of legionella in water systems clearly clarifies how you should comply with your legal duty which is as follows;

Identify and assess sources of risk

Prepare a scheme for preventing or controlling the risk

Appoint a person to be managerially responsible

Impliment and manage precautions

Keep records of the precautions implimented

Water treatments & associated Services.....