Dirty Air Conditioning Filters - illegal?
Discussion
Hi
For several years, our office air conditioning has been the source of much sneezing and runny noses - I feel totally lethargic at work. My allergy symptoms magically disappear as soon as I step outside the building!
I have heard from a reliable source that the air con filters in our office building are very dirty. Is my employer breaking the law, and would the HSE do anything about it? Our estates department doesn't give a s
t about their responsibilities - I've heard them belittle people's concerns in the past. The same problem exists across the organisation!
Is an anonymous complaint to the HSE a good idea?
For several years, our office air conditioning has been the source of much sneezing and runny noses - I feel totally lethargic at work. My allergy symptoms magically disappear as soon as I step outside the building!
I have heard from a reliable source that the air con filters in our office building are very dirty. Is my employer breaking the law, and would the HSE do anything about it? Our estates department doesn't give a s
t about their responsibilities - I've heard them belittle people's concerns in the past. The same problem exists across the organisation!Is an anonymous complaint to the HSE a good idea?
you might want to raise the possibility of legionnaires disease from badly maintained aircon units
https://www.theguardian.com/society/2007/apr/03/lo...
https://www.theguardian.com/society/2007/apr/03/lo...
How big is your company offices/building?
It very much depends on the size, but there's a requirement for energy efficiency inspections every 5 years for larger systems:
https://assets.publishing.service.gov.uk/governmen...
There's also a requirement for F-Gas Scheduled Statutory Inspections at least once a year, but again that's not really cleaning/maintenance, but more to do with efficiency/leaks. And again only for larger systems.
If the system does need inspecting it wouldn't be much additional effort to clean and replace filters at the same time.
It very much depends on the size, but there's a requirement for energy efficiency inspections every 5 years for larger systems:
https://assets.publishing.service.gov.uk/governmen...
There's also a requirement for F-Gas Scheduled Statutory Inspections at least once a year, but again that's not really cleaning/maintenance, but more to do with efficiency/leaks. And again only for larger systems.
If the system does need inspecting it wouldn't be much additional effort to clean and replace filters at the same time.
In a word, yes, although it does depend on what's written into the lease.
If it's a standard institutional lease, the landlord and tenant duties should be clearly defined. Assuming a multi tenanted building, your lease will likely be an internal repairing and insuring (IRI) lease, whereby the landlord is obliged to delivery certain things to satisfy the lease covenants, which will likely include things like heating, air, domestic water, electricity etc. The lease should also define that the landlord is responsible for maintenance of the equipment, with the costs recoverable from the tenants (your company) under the service charge. The lease will also outline statutory obligations on both sides, which would include routine testing and maintenance of equipment (i.e annual gas/electricity testing etc). Whilst it is a slightly vague one, air quality does come into play as a statutory requirement and it is possible to undertake air quality testing in accordance with TR/19 which relates to ductwork cleanliness.
If the landlord is not maintaining the kit and is unable to provide maintenance records outlining routine testing of the equipment, they may be in breach of their lease covenants, although it is generally considered fair to allow the landlord the opportunity to rectify issues rather than go direct to legal action.
What you are describing sounds a lot like 'sick building syndrome', which would give you loads of info from a quick google search.
I am actually a consultant in the real estate industry so could undertake an independent inspection and provide a report on the situation, if this is something you wished to review further. I would also be happy to take a look at your lease and clarify what the landlord's duties are, if this would be of any use. Send me a PM and we can chat further.
If it's a standard institutional lease, the landlord and tenant duties should be clearly defined. Assuming a multi tenanted building, your lease will likely be an internal repairing and insuring (IRI) lease, whereby the landlord is obliged to delivery certain things to satisfy the lease covenants, which will likely include things like heating, air, domestic water, electricity etc. The lease should also define that the landlord is responsible for maintenance of the equipment, with the costs recoverable from the tenants (your company) under the service charge. The lease will also outline statutory obligations on both sides, which would include routine testing and maintenance of equipment (i.e annual gas/electricity testing etc). Whilst it is a slightly vague one, air quality does come into play as a statutory requirement and it is possible to undertake air quality testing in accordance with TR/19 which relates to ductwork cleanliness.
If the landlord is not maintaining the kit and is unable to provide maintenance records outlining routine testing of the equipment, they may be in breach of their lease covenants, although it is generally considered fair to allow the landlord the opportunity to rectify issues rather than go direct to legal action.
What you are describing sounds a lot like 'sick building syndrome', which would give you loads of info from a quick google search.
I am actually a consultant in the real estate industry so could undertake an independent inspection and provide a report on the situation, if this is something you wished to review further. I would also be happy to take a look at your lease and clarify what the landlord's duties are, if this would be of any use. Send me a PM and we can chat further.
AnonymousPH said:
Hi
For several years, our office air conditioning has been the source of much sneezing and runny noses - I feel totally lethargic at work. My allergy symptoms magically disappear as soon as I step outside the building!
I have heard from a reliable source that the air con filters in our office building are very dirty. Is my employer breaking the law, and would the HSE do anything about it? Our estates department doesn't give a st about their responsibilities - I've heard them belittle people's concerns in the past. The same problem exists across the organisation!
Is an anonymous complaint to the HSE a good idea?
Dirty filters is not an issue. They are there to filter dust and dirt. If they are not replaced they will block up, not cause issues with allergies.For several years, our office air conditioning has been the source of much sneezing and runny noses - I feel totally lethargic at work. My allergy symptoms magically disappear as soon as I step outside the building!
I have heard from a reliable source that the air con filters in our office building are very dirty. Is my employer breaking the law, and would the HSE do anything about it? Our estates department doesn't give a s
t about their responsibilities - I've heard them belittle people's concerns in the past. The same problem exists across the organisation!Is an anonymous complaint to the HSE a good idea?
The only people that will know how bad they are are the people responsible for changing them (typically they will be sat in the air handling units)
Edited by 98elise on Thursday 24th May 18:36
citizensm1th said:
you might want to raise the possibility of legionnaires disease from badly maintained aircon units
https://www.theguardian.com/society/2007/apr/03/lo...
Legionnaires has nothing to do with dirty or blocked air filters. Its typically a risk on water cooling towers (and other water systems where water becomes vapour) and would not cause allergies to come and go. https://www.theguardian.com/society/2007/apr/03/lo...
ecksjay said:
In a word, yes, although it does depend on what's written into the lease.
If it's a standard institutional lease, the landlord and tenant duties should be clearly defined. Assuming a multi tenanted building, your lease will likely be an internal repairing and insuring (IRI) lease, whereby the landlord is obliged to delivery certain things to satisfy the lease covenants, which will likely include things like heating, air, domestic water, electricity etc. The lease should also define that the landlord is responsible for maintenance of the equipment, with the costs recoverable from the tenants (your company) under the service charge. The lease will also outline statutory obligations on both sides, which would include routine testing and maintenance of equipment (i.e annual gas/electricity testing etc). Whilst it is a slightly vague one, air quality does come into play as a statutory requirement and it is possible to undertake air quality testing in accordance with TR/19 which relates to ductwork cleanliness.
If the landlord is not maintaining the kit and is unable to provide maintenance records outlining routine testing of the equipment, they may be in breach of their lease covenants, although it is generally considered fair to allow the landlord the opportunity to rectify issues rather than go direct to legal action.
What you are describing sounds a lot like 'sick building syndrome', which would give you loads of info from a quick google search.
I am actually a consultant in the real estate industry so could undertake an independent inspection and provide a report on the situation, if this is something you wished to review further. I would also be happy to take a look at your lease and clarify what the landlord's duties are, if this would be of any use. Send me a PM and we can chat further.
Quite possibly sick building syndrome, but the cause could be many things.If it's a standard institutional lease, the landlord and tenant duties should be clearly defined. Assuming a multi tenanted building, your lease will likely be an internal repairing and insuring (IRI) lease, whereby the landlord is obliged to delivery certain things to satisfy the lease covenants, which will likely include things like heating, air, domestic water, electricity etc. The lease should also define that the landlord is responsible for maintenance of the equipment, with the costs recoverable from the tenants (your company) under the service charge. The lease will also outline statutory obligations on both sides, which would include routine testing and maintenance of equipment (i.e annual gas/electricity testing etc). Whilst it is a slightly vague one, air quality does come into play as a statutory requirement and it is possible to undertake air quality testing in accordance with TR/19 which relates to ductwork cleanliness.
If the landlord is not maintaining the kit and is unable to provide maintenance records outlining routine testing of the equipment, they may be in breach of their lease covenants, although it is generally considered fair to allow the landlord the opportunity to rectify issues rather than go direct to legal action.
What you are describing sounds a lot like 'sick building syndrome', which would give you loads of info from a quick google search.
I am actually a consultant in the real estate industry so could undertake an independent inspection and provide a report on the situation, if this is something you wished to review further. I would also be happy to take a look at your lease and clarify what the landlord's duties are, if this would be of any use. Send me a PM and we can chat further.
To the OP how old is the building?
Zetec-S said:
How big is your company offices/building?
It very much depends on the size, but there's a requirement for energy efficiency inspections every 5 years for larger systems:
https://assets.publishing.service.gov.uk/governmen...
There's also a requirement for F-Gas Scheduled Statutory Inspections at least once a year, but again that's not really cleaning/maintenance, but more to do with efficiency/leaks. And again only for larger systems.
If the system does need inspecting it wouldn't be much additional effort to clean and replace filters at the same time.
A fairly large company, and the building is medium to large. Thanks for the infoIt very much depends on the size, but there's a requirement for energy efficiency inspections every 5 years for larger systems:
https://assets.publishing.service.gov.uk/governmen...
There's also a requirement for F-Gas Scheduled Statutory Inspections at least once a year, but again that's not really cleaning/maintenance, but more to do with efficiency/leaks. And again only for larger systems.
If the system does need inspecting it wouldn't be much additional effort to clean and replace filters at the same time.
98elise said:
Dirty filters is not an issue. They are there to filter dust and dirt. If they are not replaced they will block up, not cause issues with allergies.
The only people that will know how bad they are are the people responsible for changing them (typically they will be sat in the air handling units)
Ok, thanksThe only people that will know how bad they are are the people responsible for changing them (typically they will be sat in the air handling units)
Edited by 98elise on Thursday 24th May 18:36
ecksjay said:
In a word, yes, although it does depend on what's written into the lease.
If it's a standard institutional lease, the landlord and tenant duties should be clearly defined. Assuming a multi tenanted building, your lease will likely be an internal repairing and insuring (IRI) lease, whereby the landlord is obliged to delivery certain things to satisfy the lease covenants, which will likely include things like heating, air, domestic water, electricity etc. The lease should also define that the landlord is responsible for maintenance of the equipment, with the costs recoverable from the tenants (your company) under the service charge. The lease will also outline statutory obligations on both sides, which would include routine testing and maintenance of equipment (i.e annual gas/electricity testing etc). Whilst it is a slightly vague one, air quality does come into play as a statutory requirement and it is possible to undertake air quality testing in accordance with TR/19 which relates to ductwork cleanliness.
If the landlord is not maintaining the kit and is unable to provide maintenance records outlining routine testing of the equipment, they may be in breach of their lease covenants, although it is generally considered fair to allow the landlord the opportunity to rectify issues rather than go direct to legal action.
What you are describing sounds a lot like 'sick building syndrome', which would give you loads of info from a quick google search.
I am actually a consultant in the real estate industry so could undertake an independent inspection and provide a report on the situation, if this is something you wished to review further. I would also be happy to take a look at your lease and clarify what the landlord's duties are, if this would be of any use. Send me a PM and we can chat further.
Thanks, I'll keep that in mindIf it's a standard institutional lease, the landlord and tenant duties should be clearly defined. Assuming a multi tenanted building, your lease will likely be an internal repairing and insuring (IRI) lease, whereby the landlord is obliged to delivery certain things to satisfy the lease covenants, which will likely include things like heating, air, domestic water, electricity etc. The lease should also define that the landlord is responsible for maintenance of the equipment, with the costs recoverable from the tenants (your company) under the service charge. The lease will also outline statutory obligations on both sides, which would include routine testing and maintenance of equipment (i.e annual gas/electricity testing etc). Whilst it is a slightly vague one, air quality does come into play as a statutory requirement and it is possible to undertake air quality testing in accordance with TR/19 which relates to ductwork cleanliness.
If the landlord is not maintaining the kit and is unable to provide maintenance records outlining routine testing of the equipment, they may be in breach of their lease covenants, although it is generally considered fair to allow the landlord the opportunity to rectify issues rather than go direct to legal action.
What you are describing sounds a lot like 'sick building syndrome', which would give you loads of info from a quick google search.
I am actually a consultant in the real estate industry so could undertake an independent inspection and provide a report on the situation, if this is something you wished to review further. I would also be happy to take a look at your lease and clarify what the landlord's duties are, if this would be of any use. Send me a PM and we can chat further.
AnonymousPH said:
98elise said:
Quite possibly sick building syndrome, but the cause could be many things.
To the OP how old is the building?
Approx 10 yearsTo the OP how old is the building?
How big is it, are we talking about an office block or a low rise small building?
Air conditioning can significantly dry the air if doesn't have any form or humidity control, especially in the winter. Do you ever get static shocks?
98elise said:
citizensm1th said:
you might want to raise the possibility of legionnaires disease from badly maintained aircon units
https://www.theguardian.com/society/2007/apr/03/lo...
Legionnaires has nothing to do with dirty or blocked air filters. Its typically a risk on water cooling towers (and other water systems where water becomes vapour) and would not cause allergies to come and go. https://www.theguardian.com/society/2007/apr/03/lo...
There is a requirement to have an air exchange rate for different kinds of environments.
We have air monitoring completed in our offices and this showed our air exchange rate was well above limits so no issues. That's one route you could go down.
Is the aircon feed from compressor outside? If so the gas should have been changed from the R22 type as this is dangerous to the environment. There is a deadline for this, can't remember when. Then there is the fact that if its not being serviced its probably costing them a fortune.
If they are cooled by a water tower then legionella regs will bit them, if they are not doing regular recorded water testing.
We have air monitoring completed in our offices and this showed our air exchange rate was well above limits so no issues. That's one route you could go down.
Is the aircon feed from compressor outside? If so the gas should have been changed from the R22 type as this is dangerous to the environment. There is a deadline for this, can't remember when. Then there is the fact that if its not being serviced its probably costing them a fortune.
If they are cooled by a water tower then legionella regs will bit them, if they are not doing regular recorded water testing.
sausage76 said:
There is a requirement to have an air exchange rate for different kinds of environments.
We have air monitoring completed in our offices and this showed our air exchange rate was well above limits so no issues. That's one route you could go down.
Is the aircon feed from compressor outside? If so the gas should have been changed from the R22 type as this is dangerous to the environment. There is a deadline for this, can't remember when. Then there is the fact that if its not being serviced its probably costing them a fortune.
If they are cooled by a water tower then legionella regs will bit them, if they are not doing regular recorded water testing.
R22 wont be an issue these days, it was Jan 2015 when the use in virgin and recycled form was banned, so it's very unlikely that any systems will still be operating on it now without having had at least a minor leak.We have air monitoring completed in our offices and this showed our air exchange rate was well above limits so no issues. That's one route you could go down.
Is the aircon feed from compressor outside? If so the gas should have been changed from the R22 type as this is dangerous to the environment. There is a deadline for this, can't remember when. Then there is the fact that if its not being serviced its probably costing them a fortune.
If they are cooled by a water tower then legionella regs will bit them, if they are not doing regular recorded water testing.
this sort of situation I deal with on a daily basis, so please do let me know if you would like to discuss further as I would be happy to undertake an independent inspection and/or review of the lease.
citizensm1th said:
98elise said:
citizensm1th said:
you might want to raise the possibility of legionnaires disease from badly maintained aircon units
https://www.theguardian.com/society/2007/apr/03/lo...
Legionnaires has nothing to do with dirty or blocked air filters. Its typically a risk on water cooling towers (and other water systems where water becomes vapour) and would not cause allergies to come and go. https://www.theguardian.com/society/2007/apr/03/lo...
One is covered by law, the other isn't.its like equating your office desk bin not being emptied, to rotten and festering food in a commercial kitchen.
Edited by 98elise on Tuesday 29th May 20:39
OP, are you sure that it is actually air conditioning (which includes ducted fresh air) rather than just comfort cooling? I'm afraid that this is a common error, even amongst commercial estate agents who blythely state that there is air con where there is actually only comfort cooling (which provides cooling in the Summer and heating in Winter, but no fresh air!).
Comfort cooling does not provide fresh air and it seems to me like you are not getting enough fresh air. You said you are immediately upbeat as soon as you venture outside, no? It shouts lack of fresh air to me. Ask your facilities/property manager/landlord to check whether there is enough fresh air being provided (if it IS an air conditioned building) and if it isn't air conditioned, open a window or two to get some fresh air. I realise that the comfort cooling may be affected for a short while but it will make a difference to your well being and ability to concentrate.
JM
Comfort cooling does not provide fresh air and it seems to me like you are not getting enough fresh air. You said you are immediately upbeat as soon as you venture outside, no? It shouts lack of fresh air to me. Ask your facilities/property manager/landlord to check whether there is enough fresh air being provided (if it IS an air conditioned building) and if it isn't air conditioned, open a window or two to get some fresh air. I realise that the comfort cooling may be affected for a short while but it will make a difference to your well being and ability to concentrate.
JM
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