The Law

The main piece of legislation that applies to infections at work is The Control of Substances Hazardous to Health Regulations 2002 (COSHH)

Micro-organisms are covered in COSHH by the term biological agents. These are defined as any micro-organism, cell culture, prion or human endoparasite whether or not genetically modified which may cause infection, allergy, toxicity or otherwise create a hazard to human health. The general requirements of COSHH, ie risk assessment and prevention or control of exposure will apply to most workplaces. But there are also additional requirements for work with micro-organisms, in laboratories, animal rooms, and industrial processes, contained in Schedule 3 of the main regulations.

COSHH also makes reference to the Approved List of biological agents. The list classifies biological agents into one of four hazard groups (with HG4 being the most hazardous, eg Ebola virus) according to the risk of infection to a healthy worker. This provides the basis for laboratory work with the organisms by indicating what kind of containment and control measures should be in place in the laboratory. The list may also help other non-laboratory occupations in assessing risks by indicating the severity of disease associated with a particular biological agent.

The Approved List is not exhaustive, and if a biological agent is not included it should NOT automatically be classified as hazard group 1. The appropriate classification of the agent must be determined by a local risk assessment using relevant factors as described in regulation 6 of COSHH.

There is also other health and safety legislation covering specific micro-organisms:

• The Genetically Modified Organisms (Contained Use) Regulations 2000 - these are concerned with the protection of peoples health and the environment from risks associated with the contained use of genetically modified organisms.
• The Notification of Cooling Towers and Evaporative Condensers Regulations 1992 - these are concerned with the control of legionella bacteria and require notification to local authorities of installations of wet cooling towers and evaporative condensers (usually part of air-conditioning systems).
• The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004 - these are concerned with the protection of everyone involved (directly or indirectly) in transporting dangerous goods including infectious micro-organisms.

Policy Statements in response to EU Regulation 2020/1043

• EU Policy statement - England & Wales
• EU Policy statement - Scotland

Other Government Departments/Bodies also deal with risks from micro-organisms. They include:

• Department of Health - infectious diseases/public health/immunisation/hospital acquired infection/ACDP
• Food Standards Agency - food hygiene/food poisoning (food law largely enforced by environmental health officers)
• Department for the Environment, Food and Rural Affairs - zoonoses, animal diseases.