BS 8580 Risk Assessment for Legionella Control Event Review
BS 8580 2010: Risk Assessment for Legionella Control event was held in London on the 8th April 2010.
The well attended event was established to allow industry professionals to voice there opinions and comments on the new legionella risk assessment British standard document BS 8580 which is due to be released later this year!
We were in attendance and exhibited at the event and would like to thank the Society of Chemical Industry, The British Standards Institute, The Health and Safety Executive, the Health Protection Agency and The Water Management Society in partnering and supporting this event and much needed BS 8580 document to be released later this year.
Interestingly, the differing views and opinions from the industry on the BS8580 document were wide ranging and perhaps this was not to be un-expected, particularly given such a wide variety of organisations were present.
However, with comments ranging from the questioning of whether the new BS8580 standard is even needed, to particular words such as “independence” included in the standard, it seemed obvious that a general consensus amongst risk assessors is needed.
The opportunity to voice personnel opinion was given in four discussion groups which lead to some fantastically heated debates which we guess will continue long after the release of the document.
Nevertheless, there were a few points in the BS 8580 draft document that stirred up much debate for which we just couldn’t resist voicing our own opinions on in attempt to generate some further healthy debate.
Two points in particular are discussed as part of this blog for which we would like your comments:
Point 1) Paragraph 5.3 of BS 8580 Independence.
The use of the word “Independence” was heavily discussed throughout the event as a potential issue and it stirred up much emotion.
The BS8580 draft document clearly states that the risk assessor should be able to demonstrate independence, impartiality and integrity when carrying out surveys of legionella in premises. It then confirms that the risk assessor or assessing organisation should not accept any inducement offered explicitly or implicitly, with regards to reducing the charge for the survey in return for the opportunity to carry out any resulting remedial work.
Point 2) BS 8580 Section 6 – Desktop appraisal of documentation
Section 6 of the draft document provides detailed guidance on the requirement for consultation reviews, appraisals and audits of various parts of the legionella control programme which are required as part of a good risk assessment in compliance with the British Standard 8580. Section 6 of the draft document details the requirement for appraisal and auditing of any existing risk assessment, log books, maintenance history,training records, monitoring and inspection programmes and the safe operation of the systems.
Further to the information in section 6 of the document an excellent presentation was provided by Susanne Surman-Lee from the Health Protection Agency. The presentation focused on the review of microbiological analysis and considerations associated with BS 8580. From Susanne’s wondrously experienced presentation, it seemed clear to us that a good risk assessor should be adopting an independent stance when reviewing and appraising the documentation as per the stance taking by the independent regulators such as the HSE, EHO and the HPA who work hard to regulate and manage the risks throughout the country.
It has long been clear to us that to do a good assessment and one that is in compliance with BS 8580, that the assessor will need to be able to demonstrate this independence, impartiality and integrity when conducting the desktop appraisal of documentation particularly.
Our feeling is that the current draft document is well written and will act as an aid to focus the mind of a risk assessor when undertaking an assessment in compliance with BS 8580. It seems obvious that if a quality risk assessment is to be undertaken, then the risk assessor will need to demonstrate true independence impartiality and integrity when conducting the survey.
Our view and opinion is that the word independence and the value of utilising an independent specialist is not emphasised enough in the new BS 8580 document! Yes it should be used and emphasised throughout the document even more!!
Our job as risk assessors is to report the findings of the systems and processes identified at the time of survey that may pose a risk of legionella infection without fear or favour!!
It is not uncommon to identify poor risk assessments, it is not uncommon to find risk assessments that focus only on the systems present and to contain very little or no information on the records or testing regimes in place. However, it is common for the Regulatory bodies such as the HSE, HPA and EHO’s and other Independent Consultants such as ourselves to identify microbiological sampling regimes, records, procedures and processes which are completely inadequate.
It seems that those who are uncomfortable enough to strongly object to the word “independent” even being in the BS 8580 document are those most likely to have a problem demonstrating independence, impartiality and integrity when doing their survey work, and this must be an issue!!
Our questions are these:
1) Is it possible to honestly appraise, audit and review your own work? and where identified would you expose your failings direct to the client, HSE, HPA and or EHO’s?
2) Where you identify failings in the programme for which your organisation is directly responsible would you alert the client, HSE and HPA or EHO readily as needed?
3) Where remedial works are identified from the risk assessment for which you have undertaken, would you be able to, or encouraged by your organisation to, support the client in finding the most cost effective solution regardless of whether you or your employer is to gain from such remedial works? Would you be restricted to the methods and or services and products offered by your employer of the assessing organisation?
4) When conducting your surveys are you able to detach your recommendations from the specific products that your organisation supplies and therefore present a range of solutions inclusive of those for which you are unlikely to gain any benefit?
5) Are your surveys focused on the risks rather than the potential rewards?
Our view is that with the exception of the regulators such as the HSE , EHO’s and other truly independent bodies such as the HPA and DWI etc, many assessors will not be able to answer all of the above questions from an independent point of view.
Our job as experienced assessors is to work for the Duty Holder or Responsible person. We are therefore obligated to offer an independent survey to aid the reduction of legionella risk in premises. Our job as risk assessors is to try to identify any failings which may lead to increased risk. Our job as risk assessors is not to worry about what may come of our findings but to find any issues that need addressing. Our job as risk assessors is to provide all possible or known resolutions to any issue for which we may identify.
Therefore independence and impartiality should be considered vital!!!
Presentations by Mr Paul McDermott of the HSE and Tony Macklin of the Environmental Health in the City of London, considered the new BS 8580 from a regulators point of view which again leaned towards ensuring that risk assessors take an objective view when undertaking their work.
From a clients prospective, whilst it may be easier to appoint a single organisation to mange the entire risk of legionella. In a time of litigation, if the client is to demonstrate that they have done all that is reasonably practical to reduce or manage the risk it will normally be much better that they have appointed an independent specialist as an extra level of competence to support the risk management and control programme. Appointing an independent will offer the client an extra layer of protection, it will allow the organisation to clearly demonstrate they have taken all available measures. It will provide an independent review that could be extremely valuable to reduce existing and developing risks.
The consequence of not appointing an independent or using assessors which can demonstrate independence may potentially lead to cover ups that are not identified until the prosecutors are present. Not using an independent may lead to unnecessary control measures that lead to additional costs for the client that offer little or no value in reducing or managing the risk of legionella. Finally, not using an independent may lead to unnecessary exposure to risk of litigation.
In conclusion, we would like to point out that if a legionella outbreak or issue was to arise in any building for which you are responsible you may not have a choice as to whether an independent specialist is appointed to appraise, audit and review your procedures and processes. Furthermore the consequence of this independent intervention may lead to either a significant fine and or criminal prosecution. Therefore ensuring you have this independent review without the risk of a substantial fine or criminal prosecution to us makes complete sense.
However, for Aqua Legion UK , it really doesn’t matter whether the word independent is in the final document or not. What matters to us, is that we continue to offer independent services of the highest quality to every client. What matters to us, is that we are able to utilise all available techniques services and methods on the market by introducing the best organisations in the market to ensure we reduce our clients risk of exposure to both legionella and litigation.




