Legionnaires' Disease - Health and Safety Requirements
Legionnaires' disease can be fatal in 10 to 15% of cases. In 2002, in its guidelines “The Management of Legionnaires' Disease in Ireland”, the National Disease Surveillance Centre (now called the HPSC and part of the HSE advised that “Legionnaires' disease is under diagnosed and under reported” in Ireland. It also advised that all patients presenting with pneumonia type symptoms should be tested for the Legionella bacteria as is the case in many countries in Europe.
What legislation is applicable to Legionnaires’ disease?
(Source: HSA)
- Safety, Health and Welfare at Work Act 2005 (No. 10 of 2005)
- Safety, Health and Welfare at Work (Biological Agents) Regulations 1994,
as amended in 1998 (S.I. No. 146 of 1994 and S.I. 248 of 1998) - Safety, Health and Welfare at Work (General Application) Regulations, 2007 (S.I. No. 299 of 2007)
Safety, Health and Welfare at Work Act 2005 (No. 10 of 2005)
Under the Act, every employer must prepare a safety statement which is based on an identification of the hazards and an assessment of the risks to the Safety, Health and Welfare of his / her employees.
In carrying out the risk assessment, consideration must be given to the risk of exposure to Legionella bacteria. Where a risk is identified, the safety statement must specify the control measures in place to control or minimise the risk of exposure. The Act also requires those who have control to any extent of a place of work, for example, a management company which looks after water services, to carry out a risk assessment in relation to their duty to persons other than their employees. In doing so, they must consider the risk of exposure to Legionella bacteria.
Also, under this legislation, whoever designs, manufactures, imports or supplies articles (which includes plant, machinery and appliances) for use at work, must so far as reasonably practicable:
- Ensure that the article is designed and constructed so that it will be safe and without risk to health when properly used at work;
- Provide or arrange for the provision of adequate information to the user about the article to ensure its safe use. This information should include details about the risk and the measures necessary to ensure that the article is operated and maintained correctly and safely.
Safety, Health and Welfare at Work (Biological Agents) Regulations 1994,
as amended in 1998 (S.I. No. 146 of 1994 and S.I. 248 of 1998)
Under these regulations, Legionella spp. are classified as Group 2 biological agents. This means that Legionella bacteria can cause human disease and might be a hazard to employees but it is unlikely to spread to the community and there is usually effective prophylaxis or treatment available. The regulations set out the duties of employers to prevent exposure to a biological agent or, if complete prevention is not possible, to minimise exposure.
The regulations build on the requirements of the Safety, Health and Welfare at Work Act 2005, to carry out a written assessment of the risk of exposure of any employee to a biological agent such as Legionella bacteria. The employer must also provide employees with information and training with respect to the risk posed by biological agents such as Legionella bacteria.
Safety, Health and Welfare at Work (General Application) Regulations, 2007
(S.I. No. 299 of 2007)
Part 2, Chapter 2 of these regulations specifically applies to work equipment (which includes machinery, appliances and installations).
Under the regulations, where the safety of work equipment depends on the installation conditions, the employer must ensure that an initial inspection is carried out after the installation is completed and before the equipment is first put into service. Furthermore, where work equipment is exposed to conditions causing deterioration liable to result in a danger to safety or health, for example water systems, the employer must ensure that periodic inspections and where appropriate testing are carried out.
The employer must ensure that special inspections are carried out when exceptional circumstances arise which are liable to make work equipment unsafe, for example after modification work or prolonged inactivity. The employer must also ensure that equipment deterioration is detected and remedied in good time.
The results of the above inspections must be recorded and kept available for 5 years from the date of inspection and be available for examination by an Inspector from the Authority.
The employer must also ensure that employees have adequate information and where appropriate written instructions on work equipment which should address the normal conditions of use of the equipment and actions to identify and control foreseeable abnormal situations.
Note the above is not an exhaustive list of legislation that is applicable to Legionella bacteria and is not in any order of precedence. Other relevant legislation may also be applicable to your work activities.
