The Genetically Modified Organisms (Contained Use) Regulations 1992

PART III CONDUCT OF ACTIVITIES INVOLVING GENETIC MODIFICATION

Standards of occupational and environmental safety and containment

12.—(1) For any activity involving genetically modified micro-organisms of Group I, the principles of good microbiological practice and the following principles of good occupational safety and hygiene shall apply—

(a) to keep workplace and environmental exposure to any physical, chemical and biological agent adequately controlled;

(b) to exercise engineering control methods at source and to supplement these with appropriate personal protective clothing and equipment where necessary;

(c) to test and maintain control measures and equipment;

(d) to test, when necessary, for the presence of viable process organisms outside the primary physical containment;

(e) to provide training of personnel; and

(f) to formulate and implement local rules for the safety of personnel.

(2) For the purpose of paragraph (1) “adequate” in relation to the control of an agent means adequate having regard only to the nature of the agent and the nature and degree of exposure to such an agent and “adequately” shall be construed accordingly.

(3) For any activities involving genetically modified micro-organisms of Group II in Type A operations, in addition to the principles set out in paragraph (1) the containment measures shall be determined by a method approved by the Executive.

(4) For any activities involving genetically modified micro-organisms of Group II in Type B operations, in addition to the principles set out in paragraph (1) the containment measures set out in Schedule 6 shall be applied at an appropriate level so as to ensure a high level of health and safety and environmental protection.

(5) For any activities involving genetically modified organisms other than microorganisms, the principles set out in paragraph (1) shall be applied in as far as they are appropriate.

Emergency plans

13.—(1) Where the assessment made in accordance with regulation 7(1) shows that as a result of any reasonably foreseeable accident the health or safety of persons outside the premises in which an activity involving genetic modification is carried on is liable to be affected or there is a risk of damage to the environment, the person undertaking the activity shall ensure that a suitable emergency plan is prepared with a view to securing the health and safety of those persons and the protection of the environment.

(2) The person preparing the plan shall consult such persons, bodies and authorities as are appropriate and shall inform the emergency services in writing of the plan and of the hazards to which the plan relates.

(3) The person undertaking the activity involving genetic modification which is the subject of the emergency plan shall take appropriate measures to inform persons who are liable to be affected by an accident of the safety measures and the correct behaviour to adopt in the event of an accident.

(4) The information required to be given in pursuance of paragraph (3) shall be repeated and brought up to date at appropriate intervals and shall be made publicly available.

Notification of accidents

14.—(1) Where an accident occurs, the person undertaking the activity involving genetically modified organisms shall forthwith notify the Executive of it and shall provide the following information—

(a) the circumstances of the accident;

(b) the identity and quantity of genetically modified organisms released;

(c) any information necessary to assess the effects of the accident on the health of the general population and on the environment; and

(d) the emergency measures taken.

(2) Where the Executive receives a notification in pursuance of paragraph (1), the Executive shall—

(a) ensure that any emergency, medium and long term measures are taken;

(b) immediately inform any other member State that could be affected by the accident;

(c) collect, where possible, the information necessary for a full analysis of the accident and, where appropriate, make recommendations to avoid similar accidents in the future and to limit their effects; and

(d) send to the European Commission the information provided for under paragraph (1), together with an analysis of the accident and details of any recommendations made to avoid similar accidents in the future and to limit their effects.