20.—(1) For ships containing laboratories or rooms for laboratory animals that have been deliberately infected with group 2, group 3 or group 4 biological agents or which are, or are suspected to be, carriers of such agents the employer shall—
(a)for laboratories carrying out work which involves the handling of such agents for research, development, teaching or diagnostic purposes, determine the relevant containment measures in accordance with [F1Annex 5 of Merchant Shipping Notice 1889 (M+F)] that are necessary to minimise the risk of infection;
(b)following a regulation 6 assessment and after fixing the physical containment level required for the biological agents according to the degree of risk, determine the relevant containment measures in accordance with [F2Annex 5 of Merchant Shipping Notice 1889 (M+F)];
(c)ensure that activities involving the handling of such agents are carried out in working areas that correspond at least to the containment levels relevant to each such group of agents indicated in [F3Annex 5 of Merchant Shipping Notice 1889 (M+F)]; and
(d)for laboratories handling materials in respect of which there exist uncertainties about the presence of biological agents which may cause human disease but which do not have as their aim working with biological agents as such—
(i)adopt at least containment level 2 as indicated in [F4Annex 5 of Merchant Shipping Notice 1889 (M+F)]; and
(ii)use containment levels 3 or 4 as indicated in [F5Annex 5 of Merchant Shipping Notice 1889 (M+F)], when appropriate, where it is known or it is suspected that they are necessary.
(2) For industrial processes using group 2, group 3 or group 4 biological agents the employer shall apply the containment principles in paragraph (1)(c) on the basis of the practical measures and appropriate procedures indicated in [F6Schedule 3, Part 3 to the Control of Substances Hazardous to Health Regulations 2002].
(3) An employer shall not cause or permit the industrial use of group 2, group 3 or group 4 biological agents otherwise than in accordance with the written approval of the Secretary of State and any conditions subject to which such approval is given.
(4) For activities described in paragraphs (1) to (3) where it has not been possible to carry out a conclusive assessment of a biological agent but concerning which it appears that the use envisaged might involve a serious health risk for workers, the employer shall ensure that those activities are carried out in workplaces where the containment level corresponds at least to level 3 as indicated in [F7Annex 5 of Merchant Shipping Notice 1889 (M+F)].
Textual Amendments
F1Words in reg. 20(1)(a) substituted (31.12.2020) by The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1202), regs. 1(2), 8(8)(a); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in reg. 20(1)(b) substituted (31.12.2020) by The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1202), regs. 1(2), 8(8)(a); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in reg. 20(1)(c) substituted (31.12.2020) by The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1202), regs. 1(2), 8(8)(a); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in reg. 20(1)(d)(i) substituted (31.12.2020) by The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1202), regs. 1(2), 8(8)(a); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in reg. 20(1)(d)(ii) substituted (31.12.2020) by The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1202), regs. 1(2), 8(8)(a); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in reg. 20(2) substituted (31.12.2020) by The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1202), regs. 1(2), 8(8)(b); 2020 c. 1, Sch. 5 para. 1(1)
F7Words in reg. 20(4) substituted (31.12.2020) by The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1202), regs. 1(2), 8(8)(c); 2020 c. 1, Sch. 5 para. 1(1)
Commencement Information