Biological Agents and Toxins Act 2005 · 2020 Revised Edition · Part 5 · Duties and Obligations in Relation to Biological Agents and Toxins
41. Activities and staff
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Every operator of a facility must —
operator
“operator”, in relation to a facility, means the person who operates the facility or who has the management or control of the facility;
ensure that proper assessments of risk, management of risk, operational monitoring, supervision and review of the storage of or activities involving biological agents or toxins at the facility are carried out;
facility
“facility” means any premises or conveyance that is being used for —(a)the storage of any biological agent or toxin; or(b)the carrying out of any activity involving any biological agent or toxin;
ensure that the storage of or activities involving biological agents are carried out at an appropriate biosafety level at the facility and in accordance with such requirements as may be prescribed;
ensure that no research, teaching or operational activity involving biological agents or toxins at the facility is undertaken until a risk assessment of the activity is conducted by the biosafety committee and it is demonstrated that any hazard that may arise from the activity can be controlled;
biosafety committee
“biosafety committee” means a biosafety committee appointed under section 39;
ensure that emergencies arising from any storage of or activity involving biological agents or toxins carried out at the facility are dealt with in accordance with appropriate procedures;
ensure that no biological agent, toxin or waste which contains a biological agent or toxin is discharged into the environment without the appropriate decontamination and ensure that such waste is lawfully discharged and disposed of;
biological agent
“biological agent” means —(a)any micro-organism (including any bacterium, virus, fungus, rickettsia and parasite);(b)any infectious substance (including any prion); or(c)any component of a micro-organism or an infectious substance (but not including any toxin),that is capable of causing death, disease or other biological malfunction in a human;
ensure that activities involving biological agents or toxins are conducted by staff of the facility who are properly trained to conduct such activities, or conducted under the supervision of such persons;
staff
“staff”, in relation to any facility, means —(a)any person employed at the facility to do any work under a contract of service;(b)any consultant assisting the operator of the facility in the carrying out of any activity involving any biological agent or toxin at the facility; and(c)any other person (including any student or intern) authorised by the operator of the facility to carry out any activity involving any biological agent or toxin at the facility;
ensure that all staff of the facility receive such training as may be required by the Director‑General;
ensure that all staff of the facility are properly protected against any risk of exposure to any biological agent or toxin, including —
toxin
“toxin” means any poisonous substance that is produced and extracted from any micro‑organism;
ensuring that all staff of the facility are appropriately attired;
ensuring that all staff of the facility adhere to safe working practices and techniques;
making available to all staff of the facility the appropriate vaccination or prophylaxis; and
ensuring that all staff of the facility are not exposed to hazards arising out of the use, handling, transport or storage of any biological agent or toxin; and
establish a health and medical surveillance system for the staff of the facility so that any member of the staff who has been infected by or who has been exposed to any biological agent or toxin in the course of carrying out any activity involving biological agents or toxins may be expeditiously identified and treated.