12 - Duties under the HSWA extend to risks from legionella bacteria
which may arise from work activities. The MHSWR provide a broad
framework for controlling health and safety at work. As well as
requiring risk assessments, they also require employers to have
access to competent help in applying the provisions of health
and safety law; to establish procedures to be followed by any
worker if situations presenting serious and imminent danger were
to arise; and for co-operation and co-ordination where two or
more employers or self-employed persons share a workplace.
13 - Only the courts can give an authoritative interpretation
of law in considering the application of these Regulations and
guidance to people working under another’s direction, the
following should be considered: if people working under the control
and direction of others are treated as self-employed for tax and
national insurance purposes they may nevertheless be treated as
their employees for health and safety purposes. It may therefore
be necessary to take appropriate action to protect them. If any
doubt exists about who is responsible for the health and safety
of a worker this could be clarified and included in the terms
of a contract. However, it should be remembered that a legal duty
under section 3 of HSWA cannot be passed on by means of a contract
and there will still be duties towards others under section 3
of HSWA. If such workers are employed on the basis that they are
responsible for their own health and safety, legal advice should
be sought before doing so.
14 - More specifically the COSHH Regulations provide a framework
of actions designed to control the risk from a range of hazardous
substances including biological agents. The essential elements
of COSHH are:
(a) risk assessment;
(b) prevention of exposure or substitution
with a less hazardous substance if this is possible, or substitution
of a process or method with a less hazardous one;
(c) control of exposure where prevention
or substitution is not reasonably practicable;
(d) maintenance, examination and testing
of control measures, e.g. automatic dosing equipment for delivery
of biocides and other treatment chemicals;
(f) health surveillance of employees
(where appropriate, and if there are valid techniques for detecting
indications of disease) where exposure may result in an identifiable
disease or adverse health effect.
15 - The Reporting of Injuries, Diseases and Dangerous Occurrences
Regulations 1995 (RIDDOR) require employers and others, eg the
person who has control of work premises, to report to HSE, accidents
and some diseases that arise out of or in connection with work.
Cases of legionellosis are reportable under RIDDOR if a doctor
notifies the employer and if the employee’s current job
involves work on or near cooling systems that use water or hot
water service systems in the workplace. Further details can be
obtained in HSE guidance.1
16 - Those who have, to any extent, control of premises, have
a duty under the Notification of Cooling Towers and Evaporative
Condensers Regulations 1992 to notify the local authority in writing
with details of ‘notifiable devices’.. These consist
of cooling towers and evaporative condensers, except when they
contain water that is not exposed to the air and the water and
electricity supply are not connected. Although the requirement
is to notify the local authority, the Regulations are enforced
by the relevant authority for the premises concerned. Forms are
available from local authorities or the local HSE office. If a
tower becomes redundant and is decommissioned or dismantled, this
should also be notified. The main purpose of these Regulations
is to help in the investigation of outbreaks (see Appendix 2).
17 - The Safety Representatives and Safety Committees Regulations
1977 and the Health and Safety (Consultation with Employees) Regulations
1996 require employers to consult trade union safety representatives,
other employee representatives, or employees where there are no
representatives, about health and safety matters. This includes
changes to the work that may affect their health and safety at
work, arrangements for getting competent help, information on
the risks and controls, and the planning of health and safety
training. Further information and details of additional guidance
can be found in a free HSE leaflet.2
This document is continued in the next issue of Accepta's newsletter.....
For further information, technical support and advice on all aspects
of Legionella and legislative compliance please call Accepta on
+44 (0) 161 877 2334 or e-mail info@accepta.com.
