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Local government FAQ

What is the extent of HSE's legal responsibilities for public events held on the street but partly organised by LA officials, the police and other public bodies ?

Enforcement responibility depends on the main activity taking place. If main activity is "leisure" then it falls to the LA (street fairs etc are considered leisure rather than the HSE enforced "entertainment"). Where there is significant LA involvement in not only the licensing, but also the event organisation, management and control then HSE might be the enforcing authority, but it would need to be looked at in some detail on a case-by-case basis. In general LA's will set some conditions through the licensing arrangements, in consultation with the emergency services and that another body will be responsible for the practical organisation and management of the event. Enforcement will normally be by LA Environmental Health Officers. However HSE would retain any broadcasting/radio and fairground activities involved with the event, unless a local arrangement had been made to transfer the whole thing to the LA for enforcement.

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Do the new regulations on legionella apply to local authority owned housing stock?

While some of the conditions within domestic water systems would be suitable for the growth of legionella, given the relative small size of most systems and the high throughput, the actual risks are probably lower than, say, larger systems. Recent research (by the Building Research Establishment) has shown that about 10% of British homes have legionella in their domestic water system.

Clearly there are other risks associated with hot water systems, i.e. scalding. A LA will need to conduct a risk assessment for the whole system that addresses all potential hazards, e.g. legionella, scalding, biocides and then need to weigh up the risk, possible prevention/control measures etc to come to a decision about what to do. They should document this and be able to demonstrate that they have done everything reasonably practicable to address the risks associated with water.

Do LAs need to carry out a legionella risk assessment of all their properties?
A generic risk assessment will be ok so long as they are able to identify the different types of system(s) that they have installed - clearly some systems, e.g. those that do not have stored water such as combi-boilers, will present a much lower risk than others.

As to informing tenants of the risk, the LA may want to advise tenants when the risk could increase e.g. use of showers after holidays.

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