Your Duties Under Law

What Are My Duties Under Law?health-safety-law-regulations

Under general health and safety law, you have to consider the risks from legionella that may affect your staff or members of the public and take suitable precautions. As an employer or a person in control of the premises (eg a landlord), you must:

  • Identify and assess sources of risk.
  • Prepare a scheme (or course of action) for preventing or controlling the risk.
  • Implement and manage the scheme – appointing a person to be managerially responsible.
  • Keep records and check that what has been done is effective.

If a person working under your control and direction is treated as self-employed for tax and national insurance purposes, they may nevertheless be your employee for health and safety purposes. You may need therefore to take appropriate action to protect them. If you do not wish to employ workers on this basis, you should seek legal advice. Ultimately each case can only be decided on its own merits by a court of law.

What Records Do I Need To Keep?

If you employ five or more people you must record the significant findings of your risk assessment. This means writing down the significant findings of the assessment and details of any monitoring or checking carried out.  If you have fewer than five employees you do not need to write anything down, although it is useful to keep a written record of what you have done.

You also need to keep records of your written scheme and who is responsible for managing that scheme. You should also keep the results of your routine monitoring. You need to keep these records for a minimum of five years.

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