Health and Safety (Dangerous Pathogens) Regulations 1981
| Jurisdiction | UK Non-devolved |
| Citation | SI 1981/1011 |
1981 No. 1011
HEALTH AND SAFETY
The Health and Safety (Dangerous Pathogens) Regulations 198113thJuly 1981
20thJuly 1981
1stSeptember 1981
ARRANGEMENT OF REGULATIONS
Regulation
1. Citation and commencement
2. Interpretation
3. Notification of the keeping or handling of listed pathogens
4. Provision relating to laboratories providing a diagnostic service
5. Changes in particulars to be notified
6. Transportation of listed pathogens
7. Notification to the Health Ministers
8. Defence in proceedings for contravening Regulation 3
9. Meaning of "work" and "at work"
10. Modification of section 3(2) of the Health and Safety at Work etc. Act 1974
11. Exemptions
SCHEDULES
Schedule 1 List of pathogens the keeping or handling of which is to be
notified
Schedule 2 Particulars to be notified in respect of the keeping or handling of
a listed pathogen
Schedule 3 Particulars to be notified in respect of laboratories providing a
diagnostic service
Schedule 4 Particulars to be notified in respect of transportation of a listed
pathogen
In exercise of the powers conferred on me by sections 15(1), (2), 3(b), (5)(b) and (6)(b) and 52(2) of, and paragraphs 1(1), 3(1) and 15(1) of Schedule 3 to the Health and Safety at Work etc. Act 1974(a) and of all other powers enabling me in that behalf and for the purpose of giving effect with modifications to proposals submitted by the Health and Safety Commission under section 11(2)(d) of the said Act after the carrying out by the said Commission of consultations in accordance with section 50(3) of that Act and after consult-
(a) 1974 c. 37; section 15(1) was amended by the Employment Protection Act 1975 (c. 71), section 116 and Schedule 15, paragraph 6.
ing with the said Commission in accordance with section 50(2) of that Act, I hereby make the following Regulations:—
Citation and commencement
1. These Regulations may be cited as the Health and Safety (Dangerous Pathogens) Regulations 1981 and shall come into operation on 1st September, 1981.
Interpretation
2.—(1) In these Regulations, unless the context otherwise requires—
"listed pathogen" means—
(a) a pathogen listed in Schedule 1,
(b) a derivative of a pathogen listed in that Schedule which is capable of causing disease in humans,
but does not include any substance in respect of which there is in force a product licence granted under the Medicines Act 1968(a) or a clinical trial certificate or animal test certificate issued for the purposes of section 31 or 32 of that Act.
"diagnostic service" means any activity carried on with the intention of—
(a) identifying a listed pathogen,
(b) isolating or identifying other organisms from specimens or samples suspected of containing a listed pathogen,
(c) analysing specimens or samples from a patient known to be, or suspected of, harbouring a listed pathogen for purposes relating to the assessment of the clinical progress or assistance in the clinical management of that patient,
and "diagnosis" and "diagnostic work" shall be construed accordingly.
(2) In these Regulations, unless the context otherwise requires, any reference to—
(a) a self-employed person includes a reference to any person who keeps or handles a listed pathogen and who is not an employer or an employed person in relation to that keeping or handling;
(b) a numbered Regulation or Schedule is a reference to the Regulation of, or Schedule to, these Regulations bearing that number;
(c) a numbered paragraph is a reference to the paragraph bearing that number in the Regulation in which the reference appears.
Notification of the keeping or handling of listed pathogens
3.—(1) Subject to paragraph (2), on or after 1st November 1981 an employer or self-employed person shall not keep or handle nor cause or permit the keeping or handling of a listed pathogen unless at least 30 days in advance he has given to the Health and Safety Executive notice in writing of the particulars set out in Schedule 2 in respect of each activity involving that pathogen.
(2) Paragraph...
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