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Q&A

Council Member Won on hotel Legionella notification and worker protections

New York City Council · Sep 2, 2026 · starts 2:08:47 · 3 min 55 sec

Council Member Won asks about notifying hotel guests when Legionella is detected and protecting workers from retaliation for reporting unsafe conditions. Schiff describes the Highline Hotel case as an example of the system working, and notes 311 as the reporting mechanism.

Lynn C. Schulman

So, Council Member Wilson.

Julie Won

Thank you, Chair.

Julie Won

Thank you, Commissioner, for your testimony.

Julie Won

Last month, near-critical rates of Legionella were found at a hotel in my district.

Julie Won

What measures does DOHMH have in place for notifying guests at hotels ahead of, during, and after their stays when there are critical or near-critical rates of Legionella that are detected at the hotel?

Commissioner Martin

Yeah, thank you.

Commissioner Martin

So one thing to make clear right up front is that the towers are consistently tested,

Commissioner Martin

sampled, and owners have a very clear understanding of what needs to happen at what rate of Legionella bacteria that's found.

Commissioner Martin

In the water.

Commissioner Martin

So for instance,

Commissioner Martin

at a rate of 10 CFUs or colony forming units, they need to remediate.

Commissioner Martin

If it goes higher, there are next actions that need to be taken.

Commissioner Martin

Let me hand it to Deputy Commissioner Crenshaw to talk a little bit more about the highline situation.

Virginia Maloney

Yes, I think we know the hotel you're referring to.

Virginia Maloney

And it's actually a great example of how the system is working.

Virginia Maloney

We had done an inspection, a routine inspection there, and taken a sample at the beginning of July.

Virginia Maloney

It was non-detect, no evidence of Legionella bacteria.

Virginia Maloney

Soon thereafter, the operators of that cooling tower took their own sample and did find levels of Legionella bacteria.

Virginia Maloney

They remediated that initial, it was a low level, that initial remediation was not effective.

Virginia Maloney

Their compliance sampling and testing showed that there was more work for them to do.

Virginia Maloney

They did that additional corrective action, and then they found that they had killed that bacteria, and they were back to that non-detect level.

Virginia Maloney

So that was actually, to me, that was a great example of the new regime that the council had put in place for that monthly sampling, doing exactly what we wanted to do.

Julie Won

So if they, as a scenario where, you know, an employer does not do what they're supposed to do, what measures are there to hold employers accountable when workers, you know, particularly those with pre-existing health conditions,

Julie Won

which make them especially vulnerable, are put in direct contact?

Commissioner Martin

with critical Legionella concentrations.

Virginia Maloney

So I also should add that, and this goes to some of the questions that the chair was asking,

Virginia Maloney

the levels of bacteria in the cooling towers when we require remediation, that doesn't mean that those are an immediate risk for a cluster.

Virginia Maloney

We know that the bacteria is going to grow in these systems, and when those sample results come back showing some growth, what that means is that the owner needs to adjust its maintenance and monitoring plan, take corrective action, see what's out of balance.

Virginia Maloney

If those bacteria levels are growing, they maybe need to take a harder look and make those adjustments.

Virginia Maloney

The council's law does say that owners are required when asked to provide that information, and I think that was one of the things we clarified for the owners here.

Julie Won

Chair, can I ask one quick question?

Julie Won

Thank you.

Julie Won

How can workers report any unsafe conditions related to Legionnaires and ensuring that they won't face any type of retaliation?

Julie Won

Is there a tip line, anonymous tip line, or anything like that that DOHMH operates?

Virginia Maloney

They can call 311.

Commissioner Martin

And I will say that owners are always welcome to call us and to do technical assistance, as we did in this case with the Highline.

Commissioner Martin

We are here to provide guidance and TA.

Commissioner Martin

Thank you.