Responsibilities of Manufacturers, Importers, Suppliers and Installers

Regulations

Control of Substances Hazardous to Health Regulations 1999, Regulation 7 and 9, Health and Safety at Work etc. Act 1974, Sections 2, 3 and 4.

Acop

Whoever designs, manufactures, imports or supplies water systems that may create a risk of exposure to legionella bacteria should, so far as is reasonably practicable:
* ensure that the water system is designed and constructed so that it will be safe and without risks to health when used at work; and provide adequate information for the user about the risk and measures necessary to ensure that the water systems will be safe and without risks to health when used at work. This should be updated in the light of any new information about significant risks to health and safety that becomes available.
Suppliers of products and services, including consultancy and water treatment services, aimed at preventing or controlling the risk of exposure to legionella bacteria, should, so far as is reasonably practicable:
* ensure that measures intended to control the risk of exposure to legionella bacteria are so designed and implemented that they will be effective, safe and without risks to health when used at work;
* provide adequate information on the correct and safe use of products, taking into account the circumstances and conditions of their use;
* ensure that any limitations on their expertise or on the products or services they offer are clearly defined and made known to the person upon whom the statutory duty falls or the person(s) appointed to take managerial responsibilities;
* ensure that any deficiencies or limitations which they identify in the occupier's systems or written scheme to control the risk of exposure to legionella bacteria are made known to the person upon whom the statutory duty falls or the person(s) appointed to take managerial responsibilities; and ensure that their staff have the necessary ability, experience, instruction, information, training and resources to carry out their tasks competently and safely.
All water systems should be properly installed, and commissioned as appropriate.

Guidance

Anyone involved in the supply of water systems (e.g. designers, manufacturers, importers or suppliers of water systems) has duties under health and safety legislation. They must, as far as reasonably practicable, ensure that the equipment is designed and constructed so that it is safe when used at work and enables safe and easy operation, cleaning and maintenance.
There are a number of key points to consider in the design and construction of water systems. Cooling systems should be designed and constructed so that they:
* comply with relevant British Standards or their European/International equivalents;
* control the release of drift by fitting effective drift eliminators (such devices do not eliminate but rather reduce drift). Spray from other parts of the system should also be controlled;
* aid safe operation (for example, water circuitry should be as simple as possible, ideally without deadlegs, or if this is not possible, with the length of deadlegs limited);
* aid cleaning and disinfection (for example, those parts of the system which need regular cleaning should be easily accessible, readily removable and easily dismantled); and
* be made of materials which can be easily disinfected and which do not support microbial growth.
Hot and cold water systems should be designed and constructed so that they:
* comply with the Water Regulations (1999) and with parallel provisions in Scotland;
* aid safe operation (for example, without deadlegs, or if this is not possible, with the length of deadlegs limited and non-essential standby plant disconnected or removed);
* reduce stored cold water to a minimum needed to meet peak needs;
* aid cleaning and disinfection - for example, water pipes and storage tanks should be insulated.
Manufacturers and suppliers of water systems should provide adequate information and instructions on their safe use. This should include information about those aspects of operation and maintenance which have a bearing on the risk. Those who supply services, such as water treatment or maintenance services, should also make clear to the responsible person any deficiencies in the water system or measures that may pose a significant risk of exposure to legionella bacteria. They should also make the owner or responsible person aware of any limitations in their own expertise, products or services so that they can make arrangements to ensure that these deficiencies or limitations are addressed.
Service providers should also ensure that their staff are competent to carry out the task safely. They should be properly trained to a standard appropriate to the various tasks they perform, such as risk assessment, advising on water treatment measures, sampling or cleaning and maintaining water systems. A code of conduct for organisations providing services to occupiers/owners of water systems has been developed jointly by the Water Management Society and the British Association for Chemical Specialists (WMS/BACS). This code of conduct does not have any legal status, but may give guidance to occupiers about the standard of service they will receive from service providers who agree to abide by the code.
All staff should be suitably trained, managed, supervised, and given appropriate resources or support. In particular, they should be aware of the action to take when confronted with situations outside of their knowledge or experience.

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