The Health & Safety Commission’s document “Legionnaires’ Disease, The control of legionella bacteria in water systems, Approved Code of Practice and Guidance” (L8) makes specific reference to the Code of Conduct for Service Providers and says that whilst it has no legal status it may give guidance to buyers about the standard of service they will receive from service providers who agree to abide by the Code. This document is intended to explain to you how you, the buyer, can use the Code to help select a competent service provider.

There are a number of points that a buyer needs to understand about the Code:

It is voluntary (there is no statutory requirement for service providers to register but the Legionella Control Association (LCA - formerly the Code of Conduct Association) believes that most responsible ones will want to do so)

• It has been in existence since July 1999
• It is inclusive (the LCA believes that the best way to raise standards is to include companies and then work with them to improve standards)
• It is progressive (the demands that are placed on registrants are increasing as time goes on)
• It is an indication of commitment and not necessarily compliance (the fact that a company is registered does not necessarily indicate that they are fully compliant with the Code).

The Code of Conduct is designed to help service providers establish an appropriate management system for the provision of services associated with the control of legionella. In the same way that ISO9001 is universally applicable and does not accredit specific products the Code of Conduct does not prescribe or approve particular products, services or legionella control techniques. The fact that a company is registered does not mean that the LCA has approved their specific products or services as being effective in controlling legionella nor their individual employees or company as being technically competent.  

All registrants are expected to supply copies of both the Code and their registration certificate to their clients and develop documented management procedures to ensure compliance. At registration the service provider has to provide the LCA with their Statement of Compliance. This is a concise document which is intended to explain to any interested party how they comply with the Service Provider Commitments of the Code, making reference where appropriate to other documented procedures. This Statement of Compliance is reviewed by the LCA to assess whether it gives confidence that the requirements of the Code are being met. Where the Statement of Compliance is inadequate the service provider is required to revisit both the document and the procedures supporting it. Only when a satisfactory standard has been reached is a registration confirmed.

Assessment of registrants at their offices is carried out by the LCA, but this is done on a sample basis which means that you should not assume that a registrant will have had a site visit and, even if they have been assessed, you should not assume that this is your guarantee of their compliance with the Code. As the buyer, you should satisfy yourself of both their compliance and competence using the Code as a tool to help you. The LCA would recommend that you:

Ask any prospective supplier to provide you with a copy of the Code and their certificate of registration

• Ask for a copy of their Statement of Compliance and decide for yourself whether it gives you confidence that they meet the Service Provider Commitments
• Ask them to provide corroborating evidence as to how they comply with the conditions and commitments of the Code (which they are obliged to do under the Code)
• Verify their registration status by visiting the WebPage www.conduct.org.uk or contacting the LCA secretariat by faxed request on 01827 250 408.
• Ask them to provide whatever additional evidence that you feel is appropriate to satisfy you of their competence and that the specific products and services they are recommending will be effective in controlling legionella.