Conditions of Compliance

1. There should be a clearly defined written agreement between the service provider* and the client* setting out the individual responsibilities of both parties to ensure compliance with current legislation.
   
   
2. Service providers should demonstrate and document a satisfactory level of competence of their staff* in order to achieve the objectives of this document.
   
   
3. The recommendations made by the service provider should be equal to, or better than, the relevant Codes of Practice and guidance documents pertaining to the system in question.
   
   
4. Lines of communication and reporting between client and service provider should be defined as well as the management plan in the event of remedial or corrective action being required, including matters of evident concern outside contracted obligations.
   
   
5. Adequate and up to date monitoring and treatment records should be kept. These should be readily available.
   
   
6. The performance of the control measures should be reviewed jointly by the service provider and the client at least annually and the necessary remedial action plan agreed.
   
   
7. Service providers should establish a formal internal auditing procedure for compliance with this document.
   
8. Service providers sub-contracting* any legionella specific activities, listed in their scope of service, to another company should establish that this company is either registered for that activity under the LCA or maintain additional controls and audits to ensure compliance with the Code of Conduct.
   
9. Copies of a current certificate should be issued to all relevant clients.
   

DEFINITIONS*

Service Provider
Companies or individuals or their sub-contractors who are involved with providing:- advice, consultancy, operating, maintenance and management services or the supply of equipment or chemicals to the Client.

Client
The owner or occupier of the premises, or his appointed representative, or other person nominated to be the "Responsible person" as defined in HSC document "Legionnaires' disease - The control of legionella bacteria in water systems, Approved Code of Practice and Guidance (L8)," [para 44].

Staff
Any person directly or indirectly employed in meeting the requirements of this document.

SUB-CONTRACTOR
For the purposes of LCA registration, a sub-contractor is a company or an individual who carries out unsupervised work, specifically associated with the control of legionella, on behalf of a service provider. In the case of self-employed individuals the test as to whether they should be declared a sub-contractor or not is whether the methodology employed is their own or set by the 'principal' service provider e.g. a self-employed risk assessor using the 'principal' service provider's methodology, trained by the 'principal' service provider and whose work is reviewed by the 'principal' service provider, is not a sub-contractor, whereas one who has been independently trained and who uses methodology not devised by the 'principal' service provider is a sub-contractor and therefore needs to be an LCA member if this category is to be retained on a certificate.

LEGIONELLA SPECIFIC ACTIVITIES
water treatment service visits; cleaning and disinfection; cooling tower refurbishment; risk assessment. In addition, legionella analysis can only be sub-contracted to a UKAS accredited laboratory and legionella training can only be sub-contracted to an organisation offering accredited training.