Control of Substances Hazardous to Health Regulations (Northern Ireland) 2000

Notification of the use of biological agents

12.—(1) Subject to sub-paragraphs (5) and (6), an employer shall not store or use for the first time one or more biological agents in Group 2, 3 or 4 at particular premises unless he has notified the Executive in writing of his intention to do so at least 30 days in advance or before such shorter time as the Executive may approve and with that notification has furnished the particulars specified in sub-paragraph (3).

(2) Subject to sub-paragraphs (5) and (7), notification in accordance with sub-paragraph (1) shall also be made of the storage or use for the first time of—

(a) each subsequent biological agent where that agent is specified in Part V;

(b) each subsequent Group 3 biological agent where that agent does not have an approved classification.

(3) The particulars to be included in the notification referred to in sub-paragraphs (1) and (2) shall be—

(a) the name and address of the employer and the address of the premises where the biological agent will be stored or used;

(b) the name, qualifications and relevant experience of any employee of that employer with specific responsibility for the health and safety of his fellow employees;

(c) the results of the assessment made under regulation 6;

(d) the Group to which the biological agent has been assigned and, if the agent is specified in Part V or is a Group 3 agent which does not have an approved classification, the identity of the agent; and

(e) the preventive and protective measures that are to be taken.

(4) Where there are substantial changes to processes or procedures of importance to health or safety at work which render the original notification invalid the employer shall notify the Executive forthwith in writing of those changes.

(5) Sub-paragraphs (1) and (2) shall not apply in relation to a particular biological agent where an intention to store or use that biological agent has been previously notified to the Executive in accordance with the Genetically Modified Organisms (Contained Use) Regulations (Northern Ireland) 1994(1).

(6) Sub-paragraph (1) shall not apply to an employer who intends to provide a diagnostic service in relation to Group 2 or Group 3 biological agents, other than those Group 3 agents specified in Part V, unless it will involve a process likely to propagate or concentrate that agent.

(7) Sub-paragraph (2) shall not apply to an employer who intends to provide a diagnostic service unless it will involve a process likely to propagate or concentrate a biological agent which does not have an approved classification.

(1)

S.R. 1994 No. 143 as amended by S.R. 1996 No. 250, S.R. 1999 No. 14 and S.R. 1999 No. 150