The Health & Safety Executive (HSE) states in its guidance on the control of Legionella that the dutyholder (i.e. the landlord) needs to “appoint a competent person with sufficient authority and knowledge of the [plumbing] installation to help take the measures needed to comply with the law” on Legionella control. It goes on to say that “carrying out a risk assessment is your responsibility. You may be competent to carry out the assessment yourself but, if not, you should call on help and advice from either within your own organisation or from outside sources, e.g. consultancies.”

The key question is exactly how do you decide whether you, your letting agent or your property manager are a ‘competent person’? To cut through the jargon and somewhat convoluted definitions given by the HSE, we’ve developed this handy checklist for competency. If you can answer ‘yes’ to all these questions, you are deemed competent. If not, it’s time to contact us or another accredited Legionella control expert for help.

1. Have you been formally trained in Legionella control?

2. Do you understand the potential sources of Legionella bacteria?

3. Do you understand the risks associated with Legionella?

4. Do you know what measures to take to control the risks of Legionella?

5. Do you understand the set-up of your property’s plumbing system and its components?

6. Do you know how to create a schematic drawing of your plumbing system?

7. Do you understand what records need to be kept as part of your Legionella risk assessment?

8. Do you know what your tenants need to understand about the Legionella control measures in place?

The L8 guidance stipulates that “the appointed competent person or persons should have sufficient authority, competence and knowledge of the installation to ensure that all operational procedures are carried out in a timely and effective manner.” If in all honesty you do not meet this description, or you cannot answer all these questions in the affirmative, the HSE would not consider your level of competency to be adequate under the law.

Finally, it’s worth remembering this: “Inadequate management, lack of training and poor communication are all contributory factors in outbreaks of Legionnaires’ disease. It is therefore important that the people involved in assessing risk and applying precautions are competent, trained and aware of their responsibilities.” Furthermore, ignorance of the law does not excuse anyone from prosecution.

If you have further questions about your competency or would like a quote for our services, please get in touch.