Is a Legionella management plan mandatory?

Depending on the type of installation

Whether a Legionella control plan is mandatory depends on the type of installation. In the Netherlands, a distinction is made between:

• Priority installations – these are installations designated as high-risk by the Drinking Water Decree. Examples include hospitals, healthcare institutions, swimming pools, saunas, campsites, and hotels with more than 10 beds. A Risk Analysis and Control Plan (RACP) is mandatory for these installations.
• Duty of care installations – these are all other collective drinking water installations, such as offices, sports complexes, and schools. For these installations, the duty of care applies (Drinking Water Decree, articles 21 to 24). This means that the owner is responsible for safe drinking water. A formal control plan is not mandatory here, but is strong recommended to comply with the duty of care.

Article 35 of the Drinking Water Decree contains the list of priority institutions. It precisely describes which buildings and facilities fall under the obligation.

The silent disaster and why the rules are so strict

Dutch laws and regulations regarding Legionella are strict. This is a result of the Legionella outbreak in Bovenkarspel in 1999, also known as the silent disaster. During a flower exhibition, over 200 people were infected, 32 of whom eventually died.

To prevent a recurrence, strict requirements have since been established in the Drinking Water Decree. An important difference from many other countries is that the Netherlands does not add chlorine as an end product to drinking water. This makes our water taste better, but bacterial growth in pipes can occur more quickly if installations are not managed correctly.

Why a control plan is also useful for duty of care installations

For duty of care installations, a Legionella control plan is not legally mandatory. Nevertheless, it is highly valuable to have a control plan drawn up.

Why?

• Without inventory and a plan, you have no complete insight into the installation.
• You don't know which tap points or parts of the pipe network pose risks.
• Correct management is virtually impossible without an overview of measures and registrations.

An RACP therefore helps you to carry out your duty of care practically and responsibly. It is the only way to be sure that your installation is managed safely.

Conclusion

A Legionella control plan is mandatory for priority installations (see Drinking Water Decree, article 35). For duty of care installations, it is not mandatory, but it is a proven tool to comply with the duty of care and to mitigate Legionella risks.

Do you want to know if your installation falls under the obligations and how you can best approach this? Contact H2O Enterprise for a non-committal inventory.