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9 Commitments of Legionella Control Association Members

By becoming members of the Legionella Control Association, Comfort Services Group agree to abide by the 9 core commitments set out by the LCA. These commitments are designed to ensure that LCA members offer the best, and most effective possible service in the prevention and control of Legionella. By agreeing and committing to these points, LCA membership is increasingly being recognised as the benchmark for all services dealing with Legionella risk-assessment, control and elimination. As Legionella Control Association members, Comfort Services Group have committed to:

9 Commitments of Legionella Control Association Members - Providing our clients with all relevant information. Whenever we start a new project, we always ensure that our client has all the information relevant to both the project and to any ongoing maintenance required. It is important at this stage that we communicate, effectively and record details of the responsibilities of each party. This helps to ensure that any and all Legionella assessment and control work is carried out in accordance with all existing legislation.

 - Demonstrate (with documentary evidence) competency of our staff. At Comfort Services Group, we are very proud to have an expert team who are committed to providing a thorough and reliable service. Each of our engineers is experienced and fully qualified to carry our Legionella risk assessments and control. Our team receive continued training and, where relevant, are able to demonstrate the required industry qualifications. As members of the LCA, we are committed to ensuring that each of our staff demonstrates their experience and expertise in dealing with clients and are able to provide evidence of relevant qualifications. This provides peace of mind to our clients that, not only are our staff qualified to do the job, but that their knowledge of the required legislation will ensure that any new project will be completed within legal guidelines.

 - Ensure that recommendations meet or exceed requirements. There is significant legislation around the effective assessment and control of legionella risk. Our engineers are experienced and fully trained to ensure that any work carried out by Comfort Services Group does, as a minimum, meet this necessary legislation and, where possible, goes above-and-beyond what is required by law.

 - Maintain clear lines of communication with our client. At Comfort Services Group we believe that communication with our clients is essential. This is why, whenever we undertake a new project, we ensure that our clients are kept informed of any work that is being carried out to help prevent unnecessary disruption. We ensure that clear lines of communication are maintained before, during and after any work is carried out and deliver necessary reports in a timely manner. Legionella risk assessment and control is essential but can be a complex process, at Comfort Services Group, we endeavour to communicate all essential project information in plain English.

 - Keep upto date records for all projects – With the risk of legionella and legionnaires disease being particularly high profile in the media, it is essential for all organisations to demonstrate that sufficient measures are taken to minimise the risk of bacteria.  Comfort Services Group keep comprehensive records of all assessments an control work that we carry out. We can also offer advice to businesses and organisations on your own record keeping to ensure it complies with all relevant laws and regulation. All records are made readily available to our clients and to any relevant authorities.

 - Undertake regular reviews to ensure clients’ needs are met. It is important that regular reviews of systems are carried out to help minimise the risk of legionella. At Comfort Services Group we are committed to working with our customers to undertake regular assessments of systems. By identifying legionella risk early we are able to implement remedial control measures to prevent the spread of legionella in the first instance. This proactive approach to legionella risk assessment gives our clients peach-of-mind that, not only are they protecting the health of their clients or tenants, but all their legal and legislative obligations are met.

 - Assist in setting up internal processes. At the start of any new project Comfort Services Group will outline and document the responsibilities of both parties in ensuring that all appropriate laws and legislation are adhered to. It is important that continued, internal processes are setup to ensure that these responsibilities are met and also that legionella risk in minimised in the long term. With many years of experience in legionella risk assessment and control, Comfort Services Group are able to advise our clients and assist in the setting up of internal processes and record keeping. This internal audit process helps ensure you remain compliant with the Service Provider Commitments of the Code of Conduct.

 - Ensure that any subcontractors comply with the LCA Code of Conduct – In the event that any sub-contractors are employed by Comfort Services Group for the risk assessment and control of legionella, we will ensure that they work under the LCA code of conduct. By complying with these nine key requirements, we can continue to ensure that a first-rate service be delivered to our clients.

9 Commitments of Legionella Control Association Members - Ensure all relevant clients receive the current certificate. Comfort Services Group are proud to be members of the Legionella Control Association (LCA). But maintaining this membership and adhering to the Code of Conduct we can ensure that all projects are carried out to the exacting standards set by both ourselves and the LCA.

Find out more about the Legionella Control Association and our membership at their website www.legionellacontrol.org.uk or contact us today to find out how we can assist in legionella risk assessment and control.

 

The Control of Legionella: A Recommended Code of Conduct for Service Providers 

Legislative requirements for the control of legionella put the responsibility for compliance clearly with the owner/operator of water systems. Under the Health and Safety at Work etc Act 1974 and the Control of Substances Hazardous to Health Regulations as regards risks from legionella, all owners and operators of such systems have a responsibility to ensure that the risk is controlled and kept to an acceptable level. The HSE Approved Code of Practice and guidance on regulations (L8) stresses that whilst the tasks required to be undertaken to control the risk may be contracted to an external specialist, the owner/operator must take all reasonable care to ensure the competence of the service provider to carry out the work on his behalf. 

This Code of Conduct is intended to give guidance alone, on the standard of service management that a client should expect from those service providers who agree to abide by the Code. The responsibility for the prevention and control of legionella lies with the client and the service provider. 

The guidelines outlined in this document have been designed to help owner/operators select a service provider by highlighting nine critical areas and detailing the commitment that the owner/operator should expect from prospective service providers when making the competence assessment. 

The Code of Conduct requires that service providers establish an appropriate management system for the provision of services associated with the control of legionella. A valid certificate is an indication of the registrant’s commitment to comply with the Service Provider Commitments of the Code and should not be taken as proof of compliance. The Legionella Control Association does not approve specific products or services as being effective in controlling legionella or assess the competence of individual service provider employees. 

To find out more about using the Code of Conduct to help select a suitable service provider refer to the Buyers Guide on the LCA website www.legionellacontrol.org.uk/download.php 

Conditions of Compliance

1 There should be a clearly defined written agreement between the service provider1 and the client2 setting out the individual responsibilities of both parties to ensure compliance with current legislation.

2 Service providers should demonstrate and document a satisfactory level of competence of their staff3 in order to achieve the objectives of the Code of Conduct.

3 The recommendations made by the service provider should be equal to, or better than, the relevant Codes of Practice and guidance documents pertaining to the system in question.

4 Lines of communication and reporting between client and service provider should be defined as well as the management plan in the event of remedial or corrective action being required, including matters of evident concern outside contracted obligations.

5 Adequate and up to date monitoring and treatment records should be kept. These should be readily available.

6 The performance of the control measures should be reviewed jointly by the service provider and the client at least annually and the necessary remedial action plan agreed.

7 Service providers should establish a formal internal auditing procedure for compliance with the Service Provider Commitments of the Code of Conduct.

8 Service providers sub-contracting4 any legionella specific activities5 listed in their scope of services should establish that the sub-contractor is either registered for that activity under the LCA or should maintain additional controls and audits to ensure compliance with the LCA Code of Conduct, and regardless of whether the sub-contractor is LCA registered or not, implement procedures and checks to ensure compliance.

9 Copies of a current certificate should be made available to all relevant clients.

In the event that the client believes that a service provider has not complied with the Code of Conduct, he may write, with full details, to: Legionella Control Association, 6 Sir Robert Peel Mill, Hoye Walk, Fazeley, Tamworth, Staffs, B78 3QD 

Definitions

1. Service Provider

Companies or individuals or their sub-contractors who are involved with providing advice, consultancy, operating, maintenance and management services or the supply of equipment or chemicals to the client.

2. Client

The owner or occupier of the premises, or his appointed representative, or other person nominated to be the “responsible person” as defined in the HSE document “Legionnaires’ disease - The control of legionella bacteria in water systems, Approved Code of Practice and guidance on regulations (L8 4th Edition),” (para 51).

3. Staff

Any person directly or indirectly employed in meeting the requirements of this document.

4. Sub-contractor

For the purposes of LCA registration, a sub-contractor is a company or an individual who carries out unsupervised work, specifically associated with the control of legionella, on behalf of a service provider. In the case of companies or self-employed individuals the test as to whether the company or individual carrying out the work should be declared as a sub-contractor or not is whether the methodology employed is their own or set by the ‘principal’ service provider. For example, a self-employed risk assessor using the ‘principal’ service provider’s methodology, trained by the ‘principal’ service provider and whose work is reviewed by the ‘principal’ service provider, is not a sub-contractor, whereas one who has been independently trained and who uses methodology not devised by the ‘principal’ service provider is a sub-contractor. Note: Section 8 of the LCA Conditions of Compliance requires that the principal LCA member implements additional controls and audits on a sub-contractor whether or not that sub-contractor is registered under the LCA. 

5. Legionella Specific Activities: All categories the LCA member is registered for relating to the control of legionella. 

Service Provider Commitments

1. ALLOCATION OF RESPONSIBILITIES 

The Service Provider will:

1.1 explain in detail the client’s obligations under the legionella legislation

1.2 identify those services covered by the contract and those which should be provided by the client to meet all current obligations

1.3 formalise a written agreement detailing the respective responsibilities for each requirement

1.4 state in the written agreement that the service provider has LCA registration for the service categories being provided.

2. TRAINING AND COMPETENCE OF PERSONNEL 

The Service Provider will:

2.1 arrange formal training programmes for service provider personnel associated with the control of legionella bacteria (See current LCA Knowledge Matrix as a guide)

2.2 have a system for assessing the competence of service provider staff, establishing their training needs and ensuring they are kept up to date with current best practice procedures

2.3 assist the client to assess training needs of staff and then where requested advise as to how these can be met.

3. CONTROL MEASURES 

The Service Provider will:

3.1 have a management system to assess the requirements and ensure an appropriate programme of control measures is designed, implemented, monitored and maintained

3.2 have a system for verifying that corrective and preventive actions are implemented

3.3 ensure the programme of control measures satisfies as a minimum the LCA Standards for Service Delivery.

4. COMMUNICATION 

The Service Provider will:

4.1 have management procedures to respond appropriately should the system operating conditions deviate from control criteria 

4.2 agree with the client how the service provider would communicate with the client’s nominated personnel in the event of any necessary actions

4.3 bring to the client’s attention any significant matters affecting the control of legionella of which he has become aware, beyond the responsibilities of the contract.

5. RECORD KEEPING

The Service Provider will:

5.1 indicate which records should be kept by both parties and where they will be kept

5.2 establish with the client who will be responsible for the maintenance of these records.

6. REVIEWS

The Service Provider will:

6.1 establish a programme that will allow both parties to review formally, at least annually, all aspects of the agreement covering system management and the control of legionella.

7. INTERNAL AUDITING

The Service Provider will:

7.1 have a management system to ensure that service provider compliance with each of these commitments is self-audited at least once a year and that a formal record is kept

7.2 establish a corrective action programme so that any non-compliance identified is corrected in a timely manner.

8. SUB-CONTRACTORS

The Service Provider will:

8.1 have a management procedure to ensure that any sub-contractor holds an independent registration under the Code of Conduct (see Definitions for the LCA definition of a sub-contractor); or

8.2 where a sub-contractor is not LCA registered, implement additional controls and audits to ensure that all activities carried out are compliant with the Code of Conduct and any relevant legislation; and

8.3 regardless of whether the sub-contractor is LCA registered or not, implement procedures and checks as necessary to ensure that the competency of the sub-contract service provider is assessed in relation to the scope of service the sub-contractor is providing.

9. DISTRIBUTION OF THE CODE

The Service Provider will:

9.1 have a management system to ensure all clients to whom services are provided, associated with the control of legionella bacteria, receive a copy of the Code of Conduct and Certificate of Registration or are informed that the current documents are available on their website.

The legal duty to comply with relevant health and safety legislation (including avoidance or control of risk to exposure to Legionella bacteria) rests solely with the statutory dutyholder, being either the employer or the person in control of the premises or systems where any relevant risk is present, and this cannot be delegated. Specific functions (e.g. carrying out risk assessment) can be delegated and the Legionella Control Association (LCA) Code of Conduct is designed to help service providers, who also have duties under health and safety legislation, to establish appropriate management systems for the prevention or control of risk from Legionella bacteria. The LCA assesses the management systems of LCA members upon initial registration, reviews annually upon re-registration, and re-assesses by annual company audits. The LCA cannot and does not carry out other regular supervision of its members’ commitments to the Code of Conduct nor their compliance with other LCA guidelines. A valid LCA certificate of registration (which is only valid if the Company named is listed on the LCA website www.legionellacontrol.org.uk/directory.php ) confirms only that a service provider has satisfied LCA requirements at registration, re-registration and its most recent company audit. It does not confirm the service provider’s actual or continuing compliance with their commitments to the LCA Code of Conduct and/or other LCA guidelines. The LCA does not approve specific products or services as being effective in controlling Legionella or verify the competence of service providers’ staff and sub-contractors, which is the duty of the service provider and the statutory dutyholder. The LCA accepts no liability for any omission or any act carried out in reliance on the LCA Code of Conduct or other LCA guidelines, or any loss or damage resulting from non-compliance with such documents.