The role of a 'Responsible Person'

The key to successful legionella control is effective management by the responsible person. This person is appointed according to being ‘of sufficient status and authority e.g. a director or manager or similar with competence, knowledge of the systems, training and resources.’

Generally this is the site Building Manager, Facilities Manager, Health & Safety Manager or equivalent and varies according to size of premises, business type and management of the site.

Where an appropriate responsible person and deputy are selected, appointed and trained and effective then legionella control is usually very good. This happens where companies realise the importance of the responsible person and take steps to support these people.

It is relatively low cost and requires a modest amount of investment of money and time. Conversely where there is no-one in this role and a contractor is left to themselves then by default there is minimal management and legionella control is insufficient. In these situations there is an inadequacy and holes in the management of risk.

The reason behind this is probably psychological where fears about legal liability and personal responsibility prevent people from being named in these posts. The weakness in this approach is that leaving it to contractors is not enough.

The prosecuting authorities state that the legal responsibility rests with the site. So ironically any failings are more likely to occur where there is no responsible person.

Archer and Stone promote and support the importance of appointing responsible persons and deputies who are competent in their roles of legionella control.