The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Biological Agents) Regulations 2010

PART 2 U.K. DUTIES OF EMPLOYERS AND OTHERS

Assessment of health risks U.K.

6.—(1) In the case of any activity likely to involve a risk of exposure, the employer shall—

(a) in carrying out the risk assessment required by regulation 7 of the General Duties Regulations—

(i) determine the nature, degree and duration of workers’ exposure in order to make it possible to assess any risk to the workers’ health and safety and to lay down the measures to be taken;

(ii) assess that risk on the basis of the danger presented by all hazardous biological agents present in the case where any activity involves exposure to several groups of biological agents;

(iii) have regard to regulation 19(1); and

(iv) identify those workers for whom special protective measures may be required;

(b) conduct that assessment on the basis of all available information including—

(i) the classification of biological agents which are or may be a hazard to human health;

(ii) recommendations from the Secretary of State which indicate that a biological agent should be controlled in order to protect workers’ health when workers are or may be exposed to it as a result of their work;

(iii) information on diseases which may be contracted as a result of the work of the workers;

(iv) potential allergenic or toxigenic effects as a result of the work of the workers; and

(v) knowledge of a disease from which a worker is found to be suffering and which has a direct connection with that worker’s work;

(c) renew that assessment regularly and in any event when any change occurs in the conditions which may affect workers’ exposure; and

(d) supply the Secretary of State on request with the information used for making that assessment.

(2) An assessment carried out in accordance with this regulation, whether for the first time or by way of renewal, is in these Regulations called a regulation 6 assessment.

Commencement Information

I1 Reg. 6 in force at 6.4.2010, see reg. 1

Classification of biological agents U.K.

7.—(1) Where a biological agent, other than a group 1 biological agent, does not appear in F1 ... the Approved List of biological agents the employer shall provisionally classify that agent as a group 2, group 3 or group 4 biological agent according to its level of risk of infection and, if in doubt as to which of two alternative groups is the most appropriate, the employer shall provisionally classify it as the higher of the two.

(2) The employer shall immediately inform the Secretary of State and the Health and Safety Executive of any provisional classification done under paragraph (1).

(3) Where a biological agent has been provisionally classified by an employer under paragraph (1), these Regulations apply to that employer as if that agent appeared in F2 ... the Approved List of biological agents.

F3 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in reg. 7(1) omitted (31.12.2020) by virtue of 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(4)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in reg. 7(3) omitted (31.12.2020) by virtue of 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(4)(a); 2020 c. 1, Sch. 5 para. 1(1)

F3 Reg. 7(4) omitted (31.12.2020) by virtue of 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(4)(b); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I2 Reg. 7 in force at 6.4.2010, see reg. 1

Replacement of harmful biological agents U.K.

8.  The employer shall avoid the use of a harmful biological agent if the nature of the activity so permits, by replacing it with a biological agent or a substance which, under its conditions of use, is not dangerous or is less dangerous to workers’ health, as the case may be, in the current state of knowledge.

Commencement Information

I3 Reg. 8 in force at 6.4.2010, see reg. 1

Reduction of risks U.K.

9.—(1) Where the results of a regulation 6 assessment reveal a risk to workers’ health and safety their exposure shall, so far as it is technically practicable, be prevented by the employer.

(2) Where, having regard to the activity and the regulation 6 assessment, prevention of exposure is not technically practicable, the employer shall ensure that the risk of exposure of workers is reduced to as low a level as necessary in order to protect adequately the health and safety of the workers concerned, in particular by taking the following measures which are to be applied in the light of the regulation 6 assessment—

(a) keeping as low as possible the number of workers exposed or likely to be exposed;

(b) designing work processes and engineering control measures so as to avoid or minimise the release of biological agents in the ship;

(c) using collective protection measures and, where exposure cannot be avoided by other means, individual protection measures;

(d) using hygiene measures compatible with the aim of the prevention or reduction of the accidental transfer or release of a biological agent from the ship;

(e) using the biohazard sign depicted in [F4 Annex 2 of Merchant Shipping Notice 1889 (M+F)] and other relevant warning signs;

(f) drawing up plans to deal with accidents involving biological agents;

(g) testing, where it is necessary and technically possible, for the presence, outside the primary physical confinement, of biological agents used at work;

(h) using means for the safe collection, storage and disposal of waste by workers including the use of secure and identifiable containers, after suitable treatment where appropriate; and

(i) making arrangements for the safe handling and transport of biological agents within the ship.

Textual Amendments

F4 Words in reg. 9(2)(e) 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(5); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I4 Reg. 9 in force at 6.4.2010, see reg. 1

Information for the Secretary of State U.K.

10.—(1) Where a regulation 6 assessment reveals a risk to workers’ health and safety, the employer who carried out that assessment shall make available to the Secretary of State on request appropriate information on—

(a) the results of that assessment;

(b) the activities in which workers have been exposed or may have been exposed;

(c) the number of workers exposed;

(d) the name and capabilities of the person responsible for health and safety on the ship;

(e) the protective and preventive measures taken, including working procedures and methods; and

(f) an emergency plan for the protection of workers from exposure to group 3 and group 4 biological agents which might result from a loss of physical containment.

(2) The employer shall immediately inform the Secretary of State of the occurrence of an accident or incident which may have resulted in the release of a biological agent that could cause severe human infection or illness.

Commencement Information

I5 Reg. 10 in force at 6.4.2010, see reg. 1

Hygiene and individual protection U.K.

11.—(1) The employer shall take appropriate measures to ensure that, in relation to any activity involving a risk to the health and safety of workers owing to work with biological agents—

(a) workers do not eat or drink in working areas where there is a risk of contamination by biological agents;

(b) workers are provided with appropriate and adequate protective clothing or other appropriate special clothing;

(c) workers are provided with appropriate and adequate washing and toilet facilities which include eye washes and skin antiseptics;

(d) protective equipment is properly stored in a well-defined place and is checked and cleaned if possible before, and in any case after, each use;

(e) defective equipment is properly repaired or replaced before further use; and

(f) procedures are specified for taking, handling and processing samples of human or animal origin.

(2) The employer shall ensure that working clothes, protective equipment and protective or special clothing which may be contaminated by biological agents are—

(a) removed on leaving any working area within the ship where activities involving biological agents take place;

(b) decontaminated and cleaned or, if necessary, destroyed; and

(c) kept separate from other clothing pending the taking of the steps described in paragraph (b).

Commencement Information

I6 Reg. 11 in force at 6.4.2010, see reg. 1

Information and training for workers U.K.

12.—(1) The employer shall take appropriate measures to ensure that workers or their representatives, or both, receive sufficient and appropriate training, on the basis of all available information, in particular in the form of information and instructions concerning—

(a) potential risks to health;

(b) precautions to prevent exposure;

(c) the requirements of hygiene;

(d) the wearing and use of protective equipment and clothing; and

(e) the steps to be taken by workers in the case of incidents and to prevent incidents.

(2) Training provided under paragraph (1) shall be—

(a) given at the beginning of work involving contact with biological agents;

(b) adapted to take account of new or changed risks; and

(c) repeated periodically if necessary.

Commencement Information

I7 Reg. 12 in force at 6.4.2010, see reg. 1

Worker information in particular cases U.K.

13.—(1) The employer shall provide written instructions and, if appropriate, display notices which specify the procedure to be followed in the case of—

(a) a serious accident or incident involving the handling of a biological agent; and

(b) the handling of a group 4 biological agent.

(2) A worker who becomes aware of any accident or incident involving the handling of a biological agent shall immediately report it to the person in charge or to the person responsible for health and safety on the ship.

(3) The employer shall inform workers and their representatives—

(a) immediately, of any accident or incident which may have resulted in the release of a biological agent and which could cause severe human infection or illness;

(b) as soon as possible, of any serious accident or incident which may have resulted in the release of a biological agent, and of its causes and of the measures taken or to be taken to rectify the situation.

(4) The employer shall provide each worker with access to the information on the list referred to in regulation 14(1) which relates to that worker only.

(5) The employer shall provide workers and their representatives with access to the information on the list referred to in regulation 14(1) that is held in an anonymous collective form.

(6) The employer shall, upon request, provide workers and their representatives with the information provided for in regulation 10(1).

Commencement Information

I8 Reg. 13 in force at 6.4.2010, see reg. 1

List of exposed workers U.K.

14.—(1) The employer shall keep a list of workers exposed to group 3 or group 4 biological agents indicating the type of work done and, wherever possible, the biological agent to which they have been exposed as well as records of exposures, accidents and incidents as appropriate.

(2) The doctor referred to in regulation 17, the Secretary of State and any other person responsible for health and safety on the ship shall be entitled to access the list referred to in paragraph (1).

(3) The employer shall keep the list referred to in paragraph (1) in forms that will—

(a) enable a worker to access information that relates to that worker only; and

(b) enable workers and their representatives to access information held on the list in an anonymous collective form.

Commencement Information

I9 Reg. 14 in force at 6.4.2010, see reg. 1

Consultation with workers U.K.

15.  The employer shall consult workers or their representatives about matters covered by these Regulations in accordance with regulation 20 of the General Duties Regulations.

Commencement Information

I10 Reg. 15 in force at 6.4.2010, see reg. 1

Notification to the Secretary of State U.K.

16.—(1) The employer shall give notice to the Secretary of State at least 30 days before making use for the first time of—

(a) group 2 biological agents;

(b) group 3 biological agents; or

(c) group 4 biological agents.

(2) Subject to paragraph (3), the employer shall give notice to the Secretary of State at least 30 days before making use for the first time of—

(a) a group 4 biological agent, or

(b) a new biological agent that the employer provisionally classifies as a group 3 biological agent,

that has not been made the subject of a notice under paragraph (1).

(3) Paragraph (2) does not apply in the case of a laboratory on a ship providing a diagnostic service in relation to group 4 biological agents.

(4) The employer shall give notice to the Secretary of State at least 30 days before making use of any of the agents referred to in paragraphs (1) and (2) following a substantial change of importance to health and safety at work to any process or procedure which renders the earlier notice out of date.

(5) Every notice under this regulation must include—

(a) the name and address of the employer;

(b) the name and location of the ship;

(c) the name and capabilities of the person responsible for health and safety on the ship;

(d) the results of the regulation 6 assessment;

(e) the species of biological agent in question; and

(f) the protection and preventative measures that are envisaged.

Commencement Information

I11 Reg. 16 in force at 6.4.2010, see reg. 1

Health surveillance U.K.

17.—(1) The employer shall ensure that there are arrangements whereby workers for whom a regulation 6 assessment reveals a risk to health and safety are kept under relevant health surveillance.

(2) The arrangements referred to in paragraph (1) shall be sufficient to enable a worker to undergo, if appropriate, relevant health surveillance before exposure and at regular intervals thereafter; and shall be such that it is directly possible to implement individual and occupational hygiene measures.

(3) Having regard to the code of practice in [F5 Annex 3 of Merchant Shipping Notice 1889 (M+F)], the employer shall ensure that effective vaccines are made available to any worker not already immune to the biological agent to which that worker is exposed or is likely to be exposed.

(4) If a worker is found to be suffering from an infection or illness which is suspected to be the result of exposure—

(a) the doctor or body responsible for the health surveillance of workers on the ship shall offer health surveillance to other workers on that ship who have been similarly exposed; and

(b) the employer shall undertake a further regulation 6 assessment.

(5) The doctor or body responsible for the health surveillance of workers on a ship shall, in any case where health surveillance is carried out—

(a) ensure that individual medical records are kept; and

(b) propose any protective or preventive measures to be taken in respect of any individual worker.

(6) The doctor or body responsible for the health surveillance of workers on a ship shall give appropriate information and advice to workers regarding any health surveillance which they may undergo following the end of exposure.

(7) The doctor or body responsible for the health surveillance of workers on a ship shall provide each worker on request with access to the results of health surveillance which concern that worker.

(8) The doctor or body responsible for the health surveillance of workers on a ship shall, on request by a worker or employer for a review of the results of health surveillance, undertake that review with a view to determining whether that health surveillance is adequate for the purposes of this regulation.

(9) The doctor or body responsible for the health surveillance of workers on a ship shall have regard to the practical recommendations for the health surveillance of workers in [F6 Annex 4 of Merchant Shipping Notice 1889 (M+F)].

(10) The doctor or body responsible for the health surveillance of workers on a ship shall notify the Secretary of State of all cases of disease or death identified as resulting from exposure.

Textual Amendments

F5 Words in reg. 17(3) 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(6)(a); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in reg. 17(9) 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(6)(b); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I12 Reg. 17 in force at 6.4.2010, see reg. 1

Record-keeping U.K.

18.—(1) Subject to paragraph (1) the employer shall—

(a) keep the list referred to in regulation 14(1), and

(b) ensure that the medical records referred to in regulation 17(5)(a) are kept,

for at least 10 years following the end of exposure.

(2) The list and medical records referred to in paragraph (1) shall be kept for at least 40 years in cases of exposure that may result in infection—

(i) with biological agents known to be capable of establishing persistent or latent infections;

(ii) that are undiagnosable until illness develops many years later;

(iii) that have particularly long incubation periods before illness develops;

(iv) that result in illnesses which recur at times over a long period despite treatment; or

(v) that may have serious long-term consequences.

(3) An employer who ceases to trade shall supply the list and the records referred to in paragraph (1) to the Secretary of State.

Commencement Information

I13 Reg. 18 in force at 6.4.2010, see reg. 1

Health and veterinary care facilities U.K.

19.—(1) The employer shall, for the purpose of undertaking a regulation 6 assessment, give particular attention to—

(a) uncertainties about the presence of biological agents in human patients or animals and the materials and specimens taken from them;

(b) the hazard represented by biological agents known or suspected to be present in human patients or animals and materials and specimens taken from them; and

(c) the risks posed by the nature of the work.

(2) The employer shall take appropriate measures in health and veterinary care facilities to protect the health and safety of the workers concerned including—

(a) specifying appropriate decontamination and disinfection procedures; and

(b) implementing procedures enabling contaminated waste to be handled and disposed of without risk.

(3) In isolation facilities where there are human patients or animals that are, or are suspected of being, infected with group 3 or group 4 biological agents, the employer shall select containment measures from those listed in column A of [F7 Annex 5 of Merchant Shipping Notice 1889 (M+F)], in order to minimise the risk of infection.

Textual Amendments

F7 Words in reg. 19(3) 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(7); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I14 Reg. 19 in force at 6.4.2010, see reg. 1

Special measures for industrial processes, laboratories and animal rooms U.K.

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 [F8 Annex 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 [F9 Annex 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 [F10 Annex 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 [F11 Annex 5 of Merchant Shipping Notice 1889 (M+F)]; and

(ii) use containment levels 3 or 4 as indicated in [F12 Annex 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 [F13 Schedule 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 [F14 Annex 5 of Merchant Shipping Notice 1889 (M+F)].

Textual Amendments

F8 Words 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)

F9 Words 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)

F10 Words 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)

F11 Words 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)

F12 Words 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)

F13 Words 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)

F14 Words 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

I15 Reg. 20 in force at 6.4.2010, see reg. 1

Duties of other persons U.K.

21.—(1) Where a person on whom a duty is imposed by any of the preceding provisions of these Regulations does not have control of the matter to which that provision relates because responsibility for the operation of the ship falls upon another person, that duty also extends to any other person who has control of that matter.

(2) It is the duty of every worker performing activities to which these Regulations apply to—

(a) make full and proper use of all clothing and equipment provided by the employer to that worker in pursuance of these Regulations; and

(b) give effect to all instructions and training provided to that worker under regulation 12 or 13.

Commencement Information

I16 Reg. 21 in force at 6.4.2010, see reg. 1