In common with any other company or employer, schools and other education centres have a legal duty to control the risk of Legionella bacteria on their premises. There are, however, a number of complicating factors involved in Legionella compliance in universities and schools so below we are going to set out some of the issues to be aware of and we will offer some practical advice on meeting all your legal obligations.
The duty holder
The first thing we need to establish is the responsibilities for Legionella control within the school. The HSE or Health and Safety Executive stipulates that there must be a nominated individual – the actual duty holder – who has responsibility for guaranteeing that Legionella control measures are implemented and in place. To quote the Health and Safety Executive’s L8 ACoP (Approved Code of Practice), “The duty holder is fully responsible for guaranteeing the risk assessment is properly carried out. The duty holder is the individual who is in control of premises. This individual must ensure that the person who provides advice on the prevention and control of exposure needs to be competent to do so.”
The role of duty holder is actually determined by the type and status of the educational centre or school: in a Council-maintained educational centre, the chief executive of the Local Authority will be the duty holder. The head of education at the Council or the maintenance manager may also be held to be Responsible People, meaning that they bear the burden of safeguarding day-to-day implementation of Legionella prevention measures.
The Local Authority
In state schools that the Local Authority oversees, there is likely to be support available from the Council regarding Legionella risk assessments and management. Usually Councils publish protocols for Legionella compliance in educational centres and schools and may provide maintenance manpower to guarantee that schools within their control are compliant.
However, Legionella monitoring cannot be overseen at arms’ length, so educational centres and schools must safeguard that there is competent personnel who are properly trained in Legionella control, and report to Local Authority managers.
Assessing risks
Many schools and educational centres have a fairly high Legionella risk profile, due to the complexity of their facilities and premises. Older educational centres which may have had several extensions over the years, or schools housed in premises that have been converted from an office building, house or other type of facility, are likely to have plumbing systems with a patchwork of pipework, at times long runs of pipe, dead legs or even blind ends. There may be several water tanks, pumps and other equipment around the site rather than a central plant room which you would expect to find in a new purpose-built school. Generally speaking, the more complex the plumbing of the facility, the higher the risk of Legionella outbreaks.
Staff training
With education budgets being cut, schools and educational centres are increasingly having to find efficiency savings. This can present a risk to Legionella bacteria control as belt-tightening might include cutting back on maintenance and monitoring or reducing investment in training. It is imperative that all members of the staff with responsibility for Legionella compliance in schools receive a proper Legionella training and are competent in their duties.
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