Bryan Slater Director of Education	Distribution
	Schools not in the Building Maintenance Partnership Pool (BMPP)

This document needs your action as detailed below:

ACTION	Title	Management of Legionella
	Summary of contents	The letter overleaf outlines the actions that non-BMPP schools must take to meet legal requirements for management of health risks associated with legionella. The letter confirms that, although costs of legionella risk assessments must be paid for by schools, remedial work required will, on this occasion, be paid for by the LMS Contingency Fund. Details of contractors who will be able to carry out risk assessments and maintenance work are provided. The letter also introduces new guidance on the management of legionella and details the actions that must be taken by managers in control of premises. This guidance is issued as Section 32 of the Departmental Health and Safety Manual.
	Associated documents	None
	Date	September 2004
	Summary of action required	Non BMPP schools should inform Paul Commins, Health and Safety Adviser, by 29^th October of the arrangements they have made to date to meet these requirements. Schools must make arrangements to carry out legionella risk assessments and maintenance work required. Headteachers and other managers in control of premises should ensure that they have read and familiarised themselves with the content of the new management of legionella guidance document on Esinet: - NCC Home > Education Home > School Management & Governance > Managers and Administrators > Health & Safety > Manual > 32 Premises requiring a hard copy of the guidance should contact Paul Commins on the number below.
	To be completed by	29^th October 2004
	LEA Contact	Paul Commins	(	01603 223470
	E-mail address	paul.commins@norfolk.gov.uk
	Norfolk Self Review reference	5. How well does the school care for its pupils?
	Document reference	MI 167/04

Management of Legionella

As you will be aware, schools that are not members of the Building Maintenance Partnership Pool (BMPP) retain delegated responsibility for all building maintenance matters. This includes responsibility for assessing and controlling the health risks associated with legionella in line with HSE Approved Code of Practice L8.

This letter sets out what schools need to do to meet these requirements and informs non-BMPP members that LEA funding is available to meet the costs of remedial work arising from risk assessments.

Health and Safety Duties

Under health and safety law, the employer, i.e. Norfolk County Council for Community and Voluntary Controlled schools; or the Governing Body in Foundation and Voluntary Aided schools, must:

- identify and assess sources of legionella risk;

- prepare a written scheme (or course of action) for preventing or controlling the risk;

- implement and manage the scheme by appointing a ‘responsible person’;

- record and monitor.

To manage risks associated with legionella effectively, non BMPP schools should follow new guidance on management of legionella contained in Section 32 of the Departmental Health and Safety Manual.

Confirmation of Actions taken to Meet Requirements of HSE Code of Practice

All schools in the BMPP have had a legionella risk assessment carried out to begin the process of meeting the above requirements.

As schools that are not members of the BMPP have not had assessments carried out through NPS, I would be grateful if you could confirm what actions your school has taken to meet the above requirements.

Please contact me on 01603 223470 or by email as above by 29^th October to confirm what action has been taken.

What if No Action has been Taken?

If no action has been taken to date, the employer risks enforcement action if a legionella exposure occurs where adequate controls are not in place. Additionally, the likely cost to the County Council or to the school in terms of financial penalties or adverse publicity could be significant in these circumstances.

It is particularly important that non BMPP schools, where the County Council is the employer, can confirm that arrangements have been made or are planned to meet these requirements. It is also important that similar action is taken in Foundation and Voluntary Aided schools where the County Council retains a duty of care to the pupils.

Where no action has been taken, schools must make arrangements with an approved water hygiene consultant or specialist contractor to carry out a legionella risk assessment. This work will be funded by the school.

It is strongly recommended that schools in this situation use NPS to manage the process of carrying out risk assessments and maintenance or improvement works required. This will enable initial remedial work (which is to be funded on this occasion by the LEA) to be coordinated more effectively and will also provide evidence of Best Value.

Schools that wish NPS to manage this process should contact:

Steve Graveling

Assistant Maintenance Engineer, NPS

Tel: 01603 223313);

email: stephen.graveling.nps@norfolk.gov.uk

Schools that wish to manage the work themselves should contact the NPS contractor that has carried out risk assessments for BMPP schools at the address below, or another specialist contractor:

Nemco Utilities Ltd,

Unit 10, The Vision Centre, Eastern Way, Bury St. Edmunds IP32 7AB,

tel. 01284 724503;

email: info@nemco-utilities.co.uk

website: www.nemco-utilities.co.uk

LEA Funding for Remedial Work

LEA funding is available on this occasion to meet the costs of remedial work, e.g. removal of redundant pipework, showers, ‘dead legs’ etc., arising from the risk assessments. This funding will be available to all schools. Work will be carried out during 2004/05 and 2005/06. The initial remedial work to be carried out will be commissioned and supervised by NPS and charged to individual schools. NPS will notify me of the costs involved and each school will then be reimbursed from the Contingency Fund. Ongoing responsibility for remedial works remains with individual schools.

Funding for Maintenance Work

Work identified as maintenance, e.g. cleaning and disinfection works, repairs to storage tanks, valves, taps and pipework must be funded by the school.

Management of Legionella – Guidance Note

To accompany this letter new guidance on management of legionella has been created and is issued as Section 32 of the Departmental Health and Safety Manual.

Please let me know if you have any further queries on this.

Paul Commins

Health and Safety Adviser

Room 057, County Hall