Legionella legal requirements

Introduction to legionella | Legionella bacteria | Legionella conditions

Legionella legal requirements


Here you will be given an introduction to legionella legal requirements. Give us a call on 01462 419444 or fill out our quick contact form and someone from the Water Hygiene team will get back to you.


Legionella and your legal requirements

Legal workplace requirements for legionella

Duties under the Health & Safety at Work Act 1974 (HSWA) extend to risks from Legionella arising from work activities. In addition, harmful micro-organisms (biological agents) are subject to the Control of Substances Hazardous to Health Regulations 2002 and Amendment 2003 and 2004 (COSHH) and management responsibilities – The Management of Health and Safety at Work Regulations 1999 (MHSWR).

The Approved Code of Practice 2001 (ACoP) (L8) Legionnaires’ disease: the control of Legionella bacteria in water systems provides practical guidance with respect to the HSWA regulations 2, 3, 4 and 6, COSHH regulation 6 and MHSWR regulation 3 and has been approved by the Health & Safety Commission with the consent of the Secretary of State. The code should not be regarded as law; however, in the event of prosecution it is likely that a court will employ the Code in defining acceptable standards.

The ACOP places responsibility on employers to:
  • identify and assess risks from Legionella
  • manage the risks, including the appointment of a person or persons to take managerial responsibility and to provide supervision and training of personnel
  • avoid the use of systems that give rise to a foreseeable risk of Legionella, or where this is not practicable, prepare a written scheme of precautions
  • keep appropriate records


The ACoP also sets out the responsibilities of manufacturer’s importers, suppliers and installers of products and services. The Notification of Cooling Towers and Evaporative Condensers Regulation 1992 require operators of notifiable devices to provide the local authority with information regarding installations in service and to advise when they are decommissioned.

Legionnaires’ disease is notifiable in Scotland but not in England and Wales, however the reporting of work-related injuries, Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR) require employers and others to report to the Health & Safety Executive any cases of Legionellosis associated with their workplace.

The responsibility for management and maintenance of a system should be defined with clear lines of communication and reporting and a written scheme of maintenance applied to minimise any risk areas identified. Records are required to be kept on site at all times from the preceding two years.


These records should include:


  • a risk assessment
  • a written scheme
  • system schematics
  • all routine maintenance tasks performed and signed by the operator
  • a list of those people who have responsibility for the system with a defined structure through which authority to act has been delegated
Legislation and guidelines

A legionella risk assessment was conducted at this site, based on the following legislation and guidelines:


  • Health and Safety at Work Act 1974 – Sections 2, 3 and
  • Control Of Substances Hazardous to Health (COSHH) Regulations 2002 and Amendment 2003 and 2004
  • The Approved Code of Practice and Guidance – Legionnaires’ Disease ‘The Control of Legionella Bacteria in Water Systems’
  • Minimising the Risk of Legionnaires’ Disease – Technical Memorandum TM13 CIBSE 1991
  • British Standard 6700
  • Water Supply (Water Fittings) Regulations 1999 and Water Byelaws 2000, Scotland
  • EC Directive relating to the Quality of Water Intended for Human Consumption (98/83/EC)
  • Health Technical Memorandum 04-01: The Control of Legionella, Hygiene, “safe” hot water, cold water and drinking water systems


Where applicable, the relevant Local Authority Code of Practice; the basic rationale for the survey and subsequent documents is as follows:

The documents listed above give guidance on what should be incorporated into site policy; buildings and equipment are identified for inclusion in this survey, enabling an asset register and risk assessment to be completed. From this, any design, or operational faults, which exist, can be corrected; the report is set out to give a brief description of the equipment and any remedial work needed to bring it up to standard.

Download the HSE Legionella Guidelines here for FREE


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A fabulous company, excellent customer service, they try to accommodate appoitments, and do there utmost in emergencies, been with them a few years now,  honestly cant fault them. Coming out of Covid 19, having our building urgently disanitised,  big thank-you to Luke and Lee for staying so late to get the job done!! Thank you Devon, for juggling the diary to fit us in so soon. A Team 🙂
Jo Maskell
Jo Maskell
18:02 15 Jun 20
Extremely happy with our legionella risk assessment carried out by uRisk, easy to understand and great customer service. Thanks again
Nickayla Robertson
Nickayla Robertson
21:22 15 Jan 19
Brilliant service! Thanks a lot for the hard graft
Leon Macauley
Leon Macauley
21:12 15 Jan 19
Brilliant Service, efficient, professional, punctual and friendly.
Alex Windsor
Alex Windsor
18:21 15 Jan 19
uRisk have been helping us with our Legionella Control for a number of years now. We've recently had a CQC audit and they were very impressed with our legionella compliance! Thank you for all your help.
Mike Port
Mike Port
20:41 07 Aug 18
Fantastic training courses and we've found the legionella risk assessment very easy to read and far more detailed than any we have previously had. 5 star service!
Gemma Pond
Gemma Pond
20:37 07 Aug 18
Incredibly detailed and professional team. Have been beyond helpful with with our CQC legionella compliance for our Safety. They’ve found solutions to fit around how we work and our budgets. We are always advised with reference to HSE which has been brilliant.
Amy Thorne
Amy Thorne
20:29 07 Aug 18
We're a small GP practice and started using uRisk for legionella risk assessments. We opted to use their remedial and monitoring services and they've been absolutely great. We cannot recommend them enough! Thank you so much!
Amanda Pates
Amanda Pates
18:30 07 Aug 18
Brilliant company, customer service was great! And engineers were fantastic. Thanks again uRisk! Will definitely be using them for all future work.
Nikesh Gohil
Nikesh Gohil
12:49 12 Mar 18

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