Who is responsible for arranging a legionnaires inspection?

The person responsible for arranging a legionella inspection is usually the duty holder: the individual or organisation with control of the premises, water systems or work activities. This may be an employer, building owner, landlord, managing agent, facilities manager or another person with operational control. The exact allocation of responsibility should be documented rather than assumed.

Where several parties share control, their responsibilities may overlap. For example, a property owner may retain responsibility for the building and water systems while a managing agent coordinates contractors and a tenant controls day-to-day activities. Each party should understand which tasks it must arrange, what information it must provide and how concerns will be escalated. Cooperation is particularly important where water systems serve multiple businesses or occupied areas.

Under the Health and Safety at Work etc. Act and the Control of Substances Hazardous to Health Regulations, relevant duty holders must assess and control the risk of exposure to legionella bacteria. The HSE's Approved Code of Practice L8 and associated guidance set out how employers and those responsible for premises should manage this risk. An inspection may form part of that control process, but it does not replace the need for a suitable written risk assessment and ongoing monitoring.

The duty holder can appoint a competent person or specialist contractor to undertake an inspection, risk assessment, sampling or remedial work. Delegating the task does not remove the duty holder's responsibility. They should still:

• select a person with suitable knowledge, experience and competence for the work;
• provide accurate information about the premises, occupancy and water systems;
• make sure the agreed inspection is suitable for the risks present;
• review the findings and authorise necessary corrective action;
• retain relevant reports, certificates, monitoring results and completion records; and
• check that recommendations are closed out and control measures remain effective.

A competent assessor should have enough technical understanding to identify risk from factors such as stored water, low or fluctuating temperatures, stagnation, dead legs, infrequently used outlets, scale, corrosion and inadequate maintenance. Competence also includes knowing when further investigation or specialist testing is appropriate. A basic visual check by an untrained person should not be treated as an equivalent substitute for a formal assessment where the system presents significant risk.

The frequency and scope of inspections should be based on the risk assessment, the type and condition of the system, the vulnerability of occupants and any changes to the premises. An inspection may be needed after alterations to plumbing, a change in occupancy, prolonged shutdown, evidence of poor temperature control, remedial work or a suspected case of legionnaires' disease. It should also be reconsidered when existing control measures are no longer reliable.

Responsibilities should be set out in contracts, management plans or written schemes of control. These documents can identify who arranges the inspection, who provides access, who checks water temperatures, who receives the report and who approves remedial expenditure. Clear arrangements help prevent a gap arising between the owner, managing agent, maintenance contractor and occupier.

Blue Fish Water Management Ltd supports duty holders with legionella risk assessments, water hygiene inspections, UKAS-accredited water testing, compliance audits, system monitoring and remedial works. Its team can help clarify the actions required from each responsible party and produce practical information for managing water safety across commercial, industrial and domestic settings nationwide.