Latest Update: The Use of Copper Ionisation in Legionella Control

20th November 2013

The debate over the use of elemental copper for Legionella control in water treatment systems has recently intensified. From 1st February 2013, the marketing and use of elemental copper as a biocide was no longer allowed, under the Biocidal Products Directive and the national Biocidal Products Regulations 2001. The European Commission (EC) came to this decision, because no manufacturer took sufficient action to support the biocidal use of elemental copper during the review period.

However, the Health and Safety Executive (HSE) has since submitted an application for ‘essential use derogation’ to the EC to allow for the continued use of copper in Legionella control systems within the UK. Recent indications are that the Commission will grant an essential use derogation for the UK for copper in product types 2 and 5 for the purposes of Legionella control, as soon as its internal procedures allow.

Until the decision is formally published, the chief concern of the HSE and Local Authorities remains to control the risk of exposure to Legionella, and their inspectors will continue to take a sensible and proportionate approach to enforcement if they come across these systems. Any enforcement activity will focus on the failure to control the risk of exposure to Legionella bacteria and the likelihood of legionnaire’s disease developing in a given situation, rather than on the means of control.

Businesses and organisations have a responsibility to manage the risks from Legionella and it is essential that they continue to meet these duties.

If you have any concerns about Water Hygiene, the S2 Partnership’s team of Water Hygiene Consultants are expert in the field of Legionella bacteria controls providing risk assessments, management systems, training and expert advice. For further information or assistance please contact us.

For more details on the biocides directive please see HSE Biocides web site.