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4.—(1) Subject to sub-paragraph (2), every employer shall keep a list of employees exposed to a Group 3 or Group 4 biological agent, indicating the type of work done and, where known, the biological agent to which they have been exposed, and records of exposures, accidents and incidents, as appropriate.
(2) Sub-paragraph (1) shall not apply where the results of the risk assessment indicate that–
(a)the activity does not involve a deliberate intention to work with or use that biological agent; and
(b)there is no significant risk to the health of employees associated with that biological agent.
(3) The employer shall ensure that the list or a copy thereof is kept available in a suitable form for at least 40 years from the date of the last entry made in it.
(4) The relevant doctor referred to in regulation 11, and any employee of that employer with specific responsibility for the health and safety of his fellow employees, shall have access to the list.
(5) Each employee shall have access to the information on the list which relates to him personally.
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