Housing Water Safety Policy

Our vision

Our Housing Service vision is that all homes in East Suffolk are safe, suitable, and sustainable, in communities where residents are proud to live.

This vision supports the Sustainable Housing theme in the Council’s Corporate Strategy: Our Direction 2028.

Equality and diversity statement

East Suffolk Council is intent on ensuring people or communities do not face discrimination or social exclusion due to any of the following protected characteristics: age; disability; sex; marriage and civil partnership; race; religion or belief; sexual orientation; gender reassignment; pregnancy and maternity, and socio-economic deprivation.

This document complies with the Council’s equality and diversity policy.

Introduction and objectives

1.1. East Suffolk Council, hereby known as ESC, place significant importance on the health, safety and welfare of staff, residents, visitors, and others who our business activities may affect. As a landlord, ESC must meet the legal obligations which require us to deal with the risks associated with legionella and other bacteria within the properties we own or manage. This Policy will ensure we manage our water systems to help reduce the risk from legionella and other bacteria.

1.2. As far as is reasonably practicable, ESC will introduce measures to reduce and/or control exposure to legionella bacteria, including managing the conditions that support the growth of the bacteria in water systems.

1.3. The main objective of this policy is to ensure that our Cabinet, Corporate Leadership Team (CLT), employees, tenants, and contractors are clear on our legal and regulatory water hygiene obligations. This policy provides the framework our staff, and contractors, will operate within in order to meet these obligations.

1.4. The policy forms part of our wider organisational commitment to driving a positive health and safety culture amongst staff and contractors. It will be saved on our shared drive and distributed to all relevant members of staff.

Policy scope

2.1. The policy is relevant to all our employees, tenants, contractors, and other persons who may work on, occupy, visit, or use our premises, or who may be affected by our activities.

2.2. The policy should be used by all to ensure they understand the obligations placed upon ESC to maintain a safe environment for tenants and employees within the home of each resident, and within all communal/common areas of buildings and other properties which are owned by the Housing Revenue Account (HRA) and any which are leased by or managed as social housing stock or temporary accommodation, which we own and/or manage. Adherence to this policy is mandatory and requires the full co-operation of all management, and staff at all levels.

2.3. This policy applies to the housing assets which are owned by the Housing Revenue Account (HRA) and any which are leased by or managed as social housing stock. This includes domestic dwellings (houses and flats), communal areas of any blocks containing such properties, sheltered/supported housing schemes, including Temporary Accommodation let under ESC’s Statutory Homeless Duties and associated offices/communal spaces.

Regulations, guidance and approved codes of practice

3.1. This policy takes into account the following legislation, regulations, and guidance.

3.2. The principal legislation applicable to this policy is:

3.3. The principal Approved Code of Practice applicable to this policy is:

3.4. The principal guidance documents applicable to this policy are as follows:

3.5. Additional legislation:

3.6. We will comply with the Regulator of Social Housing's Safety and Quality Standard (2024)

Obligations

4.1. There are various health and safety regulations that directly, or indirectly, place duties on employers and landlords in relation to legionella and other bacteria. This policy takes into account the following legislation, regulations, and guidance.

4.2. The Management of Health & Safety at Work Regulations 1999 and the Health and Safety at Work etc. Act 1974 place a duty on ESC, as an employer and landlord, to ensure our employees, tenants, contractors, and other persons who may work on, occupy, visit, or use our premises, or who may be affected by our activities are not exposed to health and safety risks, including the risk from legionella and all other bacteria.

4.3. We have a legal obligation under Control of Substances Hazardous to Health (COSHH) to prevent or control exposure to biological agents, including legionella and other bacteria.

4.4. As the ‘Duty Holder’ as defined by the Health and Safety Executives (HSE’s) Approved Code of Practice (ACoP) ‘L8’, ESC must take necessary precautions to prevent, reduce, or control the risks of exposure to legionella and other bacteria.

4.5. As the Duty Holder, we will take the following actions to reduce the risks of people being exposed to legionella and other bacteria by:

  • Carrying out risk assessments for all hot and cold-water systems that can produce small water droplets (aerosols) to identify and assess potential risks.
  • Implementing measures to either eliminate, reduce or control identified risks.
  • Appointing a Deputy Responsible Person to take managerial responsibility for:
    • Carrying out risk assessments.
    • Producing written schemes of control (a practical, risk management document used to control the risk from exposure to legionella and other bacteria)
    • Implementing the written scheme of control.
  • Appoint a Deputy Responsible Person who will provide cover to the Responsible Person in their absence.

Statement of intent

5.1. ESC acknowledges our responsibilities as outlined in ‘Section 4’ of this policy.

5.2. We will ensure a fair and consistent approach to water hygiene safety in our properties.

5.3. We aim to ensure that our ‘Water Safety Policy’ policy is clear and transparent for our tenants, employees, contractors, and other persons who may work on, visit, or be affected by our activities.

5.4. Prepare a ‘Water Safety Plan’ that sets out how we will manage the risk from legionella and other bacteria, and review and monitor its implementation.

5.5. Written schemes of control will be in place for all properties risk assessed as requiring controls to manage the risk of legionella exposure.

5.6. We will ensure there is a robust process in place for the management of any follow-up works required following the completion of an LRA or ongoing monitoring.

5.7. Ensure all works on our water systems are carried out by suitably competent persons.

5.8. When properties become void or where we are carrying out adaptations or planned investment work to kitchens/bathrooms, we will carry out water safety checks using the pro-forma(s) ‘Planned Kitchen or Bathroom Water Safety Checks’ or ‘Void Property Water Safety Checks’ to identify, rectify, and remove any water hygiene risks.

5.9. When we acquire new properties (old or new build) we will follow the same process as paragraph 5.8. to identify, rectify, and remove any water hygiene risks.

5.10. We will, before the property is let, descale and sanitise or replace the shower head and hose.

5.11. We will operate a robust process for the management of immediately dangerous situations identified from the legionella risk assessment, water testing/monitoring regime or suspected Legionellosis outbreak.

5.12. We will use all available means, as- per our ‘No Access Policy’, within the terms of the tenancy and lease agreement, should any tenant, leaseholder, or shared owner refuse access to carry out essential water hygiene related inspection and remediation works.

Programme

6.1. Communal block - We will assess whether the water system in all communal blocks and other properties (supported schemes / temporary accommodation) that we own or manage is likely to create a risk from exposure to legionella bacteria by identifying if:

  • Water is stored or recirculated in the systems
  • The water temperature in all of the system (or just some parts) may be between 20 and 45°C
  • There are storage tanks that could contain deposits such as rust, sludge, scale, organic matter and biofilms that support bacterial growth (including Legionella)
  • It is possible for water droplets to be produced and, if so, whether they can be dispersed
  • It is likely that any of employees, contractors, visitors, members of the public etc. Could be exposed to contaminated water droplets.

Thereafter, if an LRA is required, the property will be included on the LRA programme.

6.2. The LRA process shall be an ongoing process and not a one-off exercise. We will ensure the risk assessments are reviewed and documented specifically when:

  • a change to the water system or its use.
  • a change to the use of the building where the system is installed.
  • new information available about risks or control measures.
  • the results of checks indicating that the Scheme of control measures are no longer effective.
  • changes to key personnel.
  • a case of legionnaires’ disease/Legionellosis associated with the system.
  • where a risk assessment is greater than 2 years old and none of the other change criteria detailed above have been triggered.

6.3. Testing and monitoring - We will undertake testing and monitoring (i.e. monthly temperature checks) as set out within any written schemes of control.

Follow-up work

7.1. We will ensure there is a robust process in place for the management of any follow-up works required following the completion of an LRA or ongoing monitoring (where the work cannot be completed at the time of the assessment or check).

Data and records

8.1. We will maintain a core asset register of all communal blocks and other properties (supported schemes) we own or manage, setting out which properties require a LRA. We will also set out which properties require ongoing testing and monitoring as prescribed by the written control scheme (i.e. monthly temperature checks).

8.2. We will operate a robust process to manage all changes to stock, including property acquisitions and disposals, to ensure that properties are added or removed as required from water hygiene programmes, and the programmes remain up to date.

8.3. We will hold LRA inspection dates and testing and monitoring records against all properties on each programme. These will be held in our Asset Register System.

8.4. We will keep water hygiene logbooks electronically (or securely on site where practical), for all properties on the LRA programme.

8.5. We will keep all records for at least five years.

Resident engagement

9.1. We will support residents in their understanding of water hygiene and legionella risk, advise them of how they can manage the risks within their properties, and to encourage them to report any concerns about water safety.

9.2. We will produce a ‘Guide to Legionella in Your Home’ leaflet for residents setting out how they can manage the risks of legionella in their own home.

Roles and responsibilities

10.1. The Cabinet will carry the ultimate responsibility for a safe and secure workplace environment. However, aspects of that responsibility have been assigned/delegated to other appointed individuals within ESC.

10.2. ESC is the statutory Duty Holder. The Duty Holder has overall accountability for Health and Safety within the Council, including all aspects of water safety and the quality of water supplies. Updates on the status of performance of Water Safety shall come through the Corporate Leadership Team either reported at Board level or individually.

10.3. The Corporate Leadership Team (CLT) is responsible for ensuring adequate resources are made available to meet the policy objectives.

10.4. The Corporate Leadership Team (CLT) will receive monthly performance reports at the HHSB meetings in respect of Water Safety and ensure compliance is being achieved. They will also be notified of any non-compliance issue identified.

10.5. The Strategic Lead – Regulatory Compliance is the Responsible Person (RP). The RP has strategic responsibility for the management of water hygiene safety, and ensuring compliance is achieved and maintained. They will oversee the implementation of this policy.

10.6. The Contract Manager: Water and Asbestos is the Deputy Responsible Person (DRP) and has operational responsibility for the management of water hygiene safety and will be responsible for overseeing the delivery of these programmes.

10.7. External contractors, together with the Direct Labour Operatives (DLO) shall provide the skilled installation and/or maintenance of water risk systems.

10.8. The Corporate Health and Safety Manager shall lead the reporting of incidents, and RIDDOR notifications made to the HSE.

10.9. Voids/Planned Maintenance Managers shall ensure any additional works following a ‘voids water safety inspection’ are completed before signing off and ensure paperwork is completed, signed, and provided to the DRP(W) for their records.

10.10. The Housing Services Team will provide support where gaining access to properties is difficult and the legal team will assist and facilitate any legal access processes, as necessary, as-per our Access Policy.

10.11. Residents are responsible for allowing access to their homes that ESC are responsible for maintaining as-per the terms and conditions of their tenancy agreement.

Competent Persons

11.1. As ESC must appoint a Responsible Person (RP) and a Deputy Responsible Person (DRP), they should both be trained, instructed, and informed to the same level and should assist in the frequent monitoring of written control schemes. Therefore, they should hold a relevant qualification such as the BOHS P901: Management and Control of Building Hot and Cold-Water Services. If they do not have these already, they will obtain them within 12 months of the approval of this policy.

11.2. Only suitably competent consultants and contractors, registered with the Legionella Control Association (or equivalent), will undertake LRA’s, prepare written schemes of control and undertake works in respect of water hygiene and legionella control.

11.3. Only suitably trained/competent DLO operatives and contractors will undertake remedial works in respect of water hygiene and legionella control.

11.4. We will check that our contractors hold the relevant qualifications and accreditations when we procure them, and thereafter on an annual basis; we will evidence these checks and each contractor’s certification appropriately.

Training

12.1. We will deliver training on this policy and the procedures that support it, including team briefings; basic water hygiene awareness training; and on the job training for those delivering the water hygiene testing and monitoring, as part of their daily job. All training undertaken by staff will be formally recorded.

Performance reporting

13.1. Detailed below are the key performance indicators for water hygiene safety that are reported on the compliance dashboard. This will be reported to the Housing Health and Safety Board (HHSB) monthly.

  • Total number of blocks on the LRA programme.
  • Number of blocks with LRA in date.
  • Number of blocks with LRA overdue.
  • Overdue LRA's (< 3 months)
  • Overdue LRA's (3-6 months)
  • Overdue LRA's (6-12 months)
  • Overdue LRA's (12+ months)
  • Total number of remedial actions arising from programme.
  • Total number of completed remedial actions arising from the programme.
  • Total number of outstanding remedial actions arising from the programme.

13.2. Narrative - an explanation of the:

  • Current position.
  • Overdue LRA's.
  • Corrective action required.
  • Progress with completion of follow up works.

Quality assurance

14.1. We undertake internal desktop audits to 100% of all LRAs and our contractor’s certification.

14.2. We will carry out an independent audit of water hygiene safety at least once every two years, to specifically test for compliance with legal and regulatory obligations and to identify any non-compliance issues for correction.

Non-compliance escalation process

15.1. Our definition of non-compliance is any incident which has the potential to result in a potential breach of legislation or regulatory standard, or which causes a risk to health or safety. All non-compliance issues will be reported and escalated, without delay, after the incident occurred, or becoming aware of it. HSE typically interprets ‘without delay’ as within 10 days.

15.2. In cases of serious non-compliance, CLT and Cabinet will consider whether it is necessary to disclose the issue to the Regulator of Social Housing as required by the regulatory framework, or any other relevant organisation.

Conclusion

16.1. This policy sets out our approach to water hygiene safety and provides a framework our staff and contractors will operate within to meet these obligations. You should consult your tenancy agreement/licence/lease for further information on your rights and responsibilities, ask our advice, or seek independent help.

Appeals

17.1. Tenants can appeal decisions made under this Policy, through ESC’s Customer Feedback Policy.

Policy review

18.1. The Housing Water Safety Policy will be reviewed every three (3) years, or earlier if required due to legislative, regulatory, best practice, or operational changes.

18.2. Any review or amendments to this policy will be subject to approval by the Housing Health and Safety Board (HHSB).

18.3. The Responsible Person and Deputy Responsible Person will be responsible for ensuring the implementation of this policy.