Legionnaires' Disease Lawyer

As promised, this blog will cover US legislative attempts to control the bacteria legionella that causes Legionnaires’ disease. While many states have requirements as to the amount of residual chlorine that must be present in spas, no state has legislation to curtail legionella in cooling towers than New York. Unfortunately, the New York legislation does not cover the potable water system (showers, faucets, holding tanks, etc.) in a building, or any water feature such as a lobby fountain. This is completely different from the approach taken in the UK as explained in an earlier blog, which is national in nature and covers an entire building. The New York requirements for cooling towers require the electronic registration of the tower, which includes information about the manufacturer, and the disinfection being used. The owner of the tower is also required to every 90 days reveal the results of sampling for bacteria and any remedial action, as well as certain dates such a the date of last inspection. The sampling requirement is a big step forward in controlling legionella, as the industry standard ASHRAE 188 does not but should require such sampling. Having said that, the owner of the tower is also required to have a maintenance program in place that does comply with ASHRAE 188. The legislation goes on to require sampling for legioenlla every 90 days and within 14 days of any seasonal startup. Conditions that require immediate culture sampling for legionella include power failure and loss of biocide treatment. More will be written about the new York legislation in a later blog.