ACoP L8 (Legionnaires’ disease): key changes and guidance

The Legionnaires’ disease Approved Code of Practice (ACOP) (L8) is aimed at dutyholders including employers, those in control of premises and those with health and safety responsibilities for others, to help them comply with their legal duties in relation to legionella.

These include identifying and assessing sources of risk, preparing a scheme to prevent or control risk, implementing, managing and monitoring precautions, keeping records of precautions and appointing a competent person with sufficient authority and knowledge of an installation to help take measures needed to comply with the law.

The HSE revised L8 in November 2013, to update and clarify the information for dutyholders on what constitutes legal requirements and what is guidance.

This fourth edition contains revisions to simplify and clarify the text. The main changes are the removal of Part 2, the technical guidance, which is published separately in HSG274 [see the note at the end of this guide], and giving the following issues ACOP status:

•  risk assessment
• the specific role of an appointed competent person, known as the ‘responsible person’
• the control scheme
• review of control measures
• duties and responsibilities of those involved in the supply of water systems.

As with other revised ACOPs, L8 now includes a summary at the beginning of each Regulation, outlining the key requirements. These summaries have been included in this guide where Regulations have been highlighted.

The revision is part of a wholesale review and update of ACOPs being undertaken to make HSE advice clearer for the dutyholder to follow.

Below is an extract from a summary document, published by our sister brand Barbour EHS, which lists all the changes to the ACoP with accompanying guidance.

Regulation – Preventing or Controlling the Risk from Exposure to Legionella Bacteria

COSHH, regulations 7 and 9; HSW Act, sections 2, 3 and 4

These Regulations require employers to prevent, or where this is not reasonably practicable, adequately control, the exposure of any employees to substances hazardous to health. Employers are also required to maintain, examine and test control measures and, at suitable intervals review and, if necessary, revise those measures. They must also keep suitable records of examinations, tests and repairs of control measures.

1.     ACOP on the written scheme for controlling the risk of exposure to legionella bacteria has been reordered and made clearer, including precautions for controlling the risk of exposure (paragraph 59). Following this, the content of the written scheme is set out.

2.     Guidance on the written scheme for controlling the risk of exposure has also been simplified, making it clearer and easier to follow. Guidance also points to HSG274 for technical guidance on how to effectively prevent or control exposure — removed from the previous edition.

3.     Now within ACOP status is the Review of control measures: Monitoring and routine inspection, which states that the appointed responsible person should oversee and manage the condition and performance of the system so that precautions remain effective. Where appropriate, an external contractor or independent third party can do it. Suggested procedures for the management of the system, such as checking performance and operation, are set out.

4.     Guidance on this remains more or less the same as the previous edition, with the additional consideration of spa pools and a source of further information covering this. Also highlighted is the availability of further guidance on bacteriological monitoring and interpretation in HSG274.

Sign up to Barbour EHS for the full summary.