Key Benefits:
REGULATION OF THE HEALTH MINISTER 1)
of 22 April 2005
on harmful biological agents for health in the workplace and to the protection of the health of workers exposed to these factors 2)
On the basis of art. 222 1 § 3 of the Act of 26 June 1974. -Labour Code (Dz. U. 1998 r. No 21, pos. 94, z późn. 1. 3) ) The following shall be managed:
§ 1. The Regulation shall specify:
1) classification and list of harmful biological agents;
2) a list of works that expose workers to biological agents;
3) the detailed conditions for the protection of workers from the dangers caused by harmful biological agents, including the types of measures necessary to ensure the protection of the health and life of workers exposed to these factors, the scope the application of these measures and the conditions and manner of monitoring the health status of exposed workers;
4) how to keep a record of the work of exposed workers to the harmful biological agents and the register of workers employed in those works and how to store and communicate these registers to the entities competent to the recognition or finding of a occupational disease.
§ 2. [ 1] 1. Harmful biological agents that may cause infections, allergies or poisoning include:
1. cellular micro-organisms, including genetically modified;
2. non-cellular units capable of replicating or transferring genetic material, including genetically modified;
3) cell cultures;
4) internal human parasites.
2. Classification and list of harmful biological agents are set out in Annex No. 1 to the Regulation.
§ 3. The list of work that puts workers at risk for biological agents is set out in Annex 2 to the Regulation.
§ 4. 1. In order to protect workers from the dangers caused by the harmful biological agent, the employer shall be obliged to use, under the conditions laid down in the Regulation, any available means to eliminate the exposure or limiting the degree of exposure, hereinafter referred to as 'preventive measures'.
2. If the employee is employed under the conditions of exposure to the harmful biological agent qualified for the group 1 hazard, the employer shall apply the preventive measures specified in the occupational health and safety regulations.
3. [ 2] If there are genetically modified micro-organisms in the working environment that may be suspected to be pathogenic, the employer shall, within the scope of its jurisdiction, ensure the conditions laid down in the provisions of the Act of 22 June 2001 with genetically modified organisms (Dz. U. 2007 No. 36, pos. 233).
4. If there are micro-organisms in the working environment which have an unestablished species belonging to which there is suspicion that they may show pathogens, the employer shall, within the scope of its jurisdiction, ensure preventive measures, intended for a harmful biological agent qualified for the highest hazard group.
§ 5. 1. Prior to the choice of a preventive measure, the employer shall assess the professional risk for which the worker is or may be exposed, taking into account in particular:
1) classification and list of harmful biological agents;
2. the nature, degree and duration of exposure to the harmful biological agent;
3. information on:
(a) a potential allergenic or toxic biosecurity activity,
(b) a disease which may occur as a result of the work carried out,
(c) an identified disease which has a direct link with the work carried out;
4) the guidance of the bodies of appropriate sanitary inspection, the State Labour Inspectorate and the units of the occupational medicine service.
2. In addition, the following shall be taken into account in health care establishments and animal treatment facilities:
1. information on the potential occurrence of a harmful biological agent in the patient or animal and in the material and samples taken from them;
2) the threat posed by the harmful biological agent known to be present or whose presence is suspected in the patient or in the animal, and in the materials and samples taken from them;
3) the risks arising from the type of work.
§ 6. The risk assessment referred to in paragraph 5 shall be updated in particular with regard to changes that are relevant to the health of workers at the workplace.
§ 7. The application of preventive measures shall not relieve the employer of the obligation to:
1) avoidance of the use of a harmful biological agent, if the type of activity done so allows, by replacing it with another biological agent, which according to the conditions of use is not dangerous or is less dangerous the health of the worker;
2. to keep a record of the work that exposed workers to the harmful biological agent qualified in group 3 or 4 of the risk, in electronic form or in the register book, taking into account, in particular, the following information:
(a) the number of employees carrying out the work,
(b) the list of activities during which the worker is, or may be, exposed to harmful biological agents,
(c) the name, surname, position and telephone of the employer's contact or the person empowered by the employer to supervise occupational health and safety;
3. to reduce the number of workers exposed or potentially exposed to the harmful biological agent;
4) the design of the work process in such a way as to avoid or minimize the release of the harmful biological agent in the workplace;
5. to provide workers with collective protection measures, or where, in other ways, exposure, personal protective equipment, relevant to the type and level of exposure cannot be avoided;
6. to provide workers with a means of hermetic to prevent and reduce the accidental transfer or release of the harmful biological agent;
7. the use of a hazard warning sign as defined in Annex No 3 to the Regulation and other warning signs;
8) the drawing up of a plan of contingencies involving a harmful biological agent qualified for a group of 3 or 4 threats;
9) carry out tests for the presence of a harmful biological agent, where necessary and technically feasible, with the exclusion of originally closed spaces;
10. to provide conditions for the safe collection, storage and disposal of waste by workers, using safe and labelled containers;
11. use of procedures for safe handling with harmful biological agents;
12) to provide employees with systematic training;
13. informing the staff member of the medical examinations from which the worker may benefit after the cessation of exposure;
14. to keep a register of workers exposed to harmful biological agents in group 3 or 4 of the risk, in electronic form or in the register book, taking into account, in particular, information on:
(a) the type of work performed
(b) the degree of risk caused by the harmful biological agent,
(c) accidents and accidents related to exposure to the harmful biological agent,
(d) the outcome of the risk assessment carried out with the name of the harmful biological agent and of the hazard group,
(e) the number of workers exposed to the harmful biosecurity factor,
(f) the name, surname, position and telephone number of the contact person of the employer responsible for the safety and health of the work and the protection of the health of workers;
15. to inform at the request of the staff member or his representative of:
(a) the number of exposed workers,
(b) the person responsible for the safety and health of the work and the protection of the health of workers.
§ 8. 1. Information on the use of a harmful biological agent for scientific, research, diagnostic or industrial purposes shall be transmitted by the employer to the competent health inspector: [ 3]
1) at least 30 days before the date of use for the first time of the harmful biological agent qualified for the group of 2-4 hazards;
2) whenever there are significant changes that are relevant to the safety and health of the worker in the workplace;
3. within 30 days after the establishment of the undertaking or establishment;
4) immediately, in the case of any malfunction or accident which may have caused the release of the harmful biological agent qualified for the group of 2-4 hazards.
2. The information referred to in paragraph 1. 1, shall take into account in particular:
1) the name and address of the company or plant and the type of activity carried out;
2) an organizational cell or a work station in which the exposure covered by the notification occurs;
3) the name, surname, business position and contact telephone number of the person responsible for the employer for occupational safety and health and the protection of the health of workers;
4) the result of the occupational risk assessment carried out with the indication of the name of the harmful biological agent and of the hazard group, the type of work performed and the time of exposure;
5. envisaged preventive measures;
6) the number of exposed workers.
3. The laboratories providing diagnostic services in relation to harmful biological agents qualified to a group of 4 hazards shall provide the competent health inspector with only the information referred to in paragraph. 1 (1) and (3).
§ 9. 1. The training referred to in § 7 (12) shall cover the following:
1) the potential risk to the health and life of workers caused by the action of the harmful biological agent;
2. the measures to be taken to prevent the risks caused by the harmful biological agent;
3) hygienic and sanitary requirements;
4) equipment and the application of collective and individual protection measures;
5) the activities that employees take in the event of accidents or accidents, or for their prevention.
2. Training is carried out in the mode specified in the regulations on training in the field of occupational safety and health.
§ 10. 1. The register referred to in § 7 point 14, the employer shall store for a period of not less than 10 years from the date of cessation of exposure, subject to the paragraph. 2.
2. In the case of exposure to the harmful biological agent, which may cause the disease:
1) Chronic or latent,
2) which, in the light of current knowledge, is impossible to be diagnosed until the development of the disease,
3. with an exceptionally long hatchery period,
4) of recurrent nature in the long term despite treatment,
5) may cause serious, long-term complications
-the register shall be kept for a period of 40 years from the date of the last exposure recorded.
3. The employee or representative of the staff member shall make available the information contained in the register provided for in § 7 point 14:
1) to the full extent, where the information relates to that worker;
2) to the limited extent of the anonymity of the persons to whom the information relates-where the information concerns other employees.
4. Access to the register, referred to in § 7 point 14, shall have the competent body of the occupational health service, the competent health inspector and the competent labour inspector.
5. In the event of liquidation or bankruptcy of the employer, it shall transmit the register to the competent authority due to its seat of the voivodship of the occupational medicine centre and to the competent health inspectorate.
§ 11. 1. In addition, in the protection of the worker against the threat caused by a harmful biological agent, the employer shall also be obliged to:
1. to provide a worker with safe conditions for the consumption of meals and drinks in the areas in which they are parted;
2) equipment of the employee in appropriate personal protective equipment and storage of them in a clearly marked location;
3) ensure proper premises, hygiene and sanitary facilities as well as personal hygiene measures and, if necessary, the means for decontamination of the skin or mucous membranes;
4) the creation and application of procedures:
(a) the collection, transport and processing of samples and materials of human or animal origin,
(b) disinfection,
(c) enabling safe disposal and handling of contaminated waste;
5. to ensure safe conditions for decontamination, cleaning and, if necessary, the destruction of clothing, personal protective equipment and equipment which have been contaminated by a harmful biological agent;
6. to provide an employee with current written instructions for dealing with a harmful biological agent;
7. immediately inform all workers exposed as a result of the accident or accident or their representative of the accident, if it could have caused the release of the harmful biological agent, as well as of the causes thereof, and of the measures taken and the proposed measures to deal with the situation;
8) take immediate action to address the causes and consequences of the accident or accident;
9) reporting a failure or an accident related to the release of the harmful biological agent, depending on its nature, to the competent units of the occupational health service and the competent health inspector.
2. Instructions referred to in paragraph. 1 point 6 also includes a procedure for dealing with a harmful biological agent in the event of:
1) a failure or an accident related to the release of the harmful biological agent;
2) exposure to the harmful biological agent qualified for a group of 3 or 4 hazards.
§ 12. 1. In laboratories, including diagnostic laboratories, and in premises for laboratory animals, which have been deliberately infected with harmful biological agents qualified for the group of 2-4 hazards or which are suspected of infecting such factors, for research, development, education or diagnosis, after an exposure assessment and to determine the degree of hermetic required for individual harmful biological agents, shall be considered appropriate Hermetics.
2. In the places listed in the mouth. 1 activities related to exposure to harmful biological agents shall be carried out in the working positions of that designated responsible at least:
1) 2. the degree of hermetic, for the harmful biological agent classified in the hazard group 2;
2) 3. the degree of hermetic, for the harmful biological agent classified in the group 3 hazard;
(3) 4. the degree of hermetic, for the harmful biological agent qualified for the group 4 hazard.
3. If in the places mentioned in the mouth. 1 work is carried out with materials for which there is uncertainty about the presence of harmful biological agents that may cause diseases in humans, and whose aim is not to carry out research on these factors, including the driving breeding or collection, shall be used 2. the degree of hermetic, and the degree of hermeticibility 3. or 4. when necessary.
4. The containment measures shall be used in the isolating rooms where the persons or animals infected or suspected of being infected with a harmful biological agent qualified for the group 3 or 4 hazard are present.
5. Measures of hermetic and hermetic degrees for laboratories, animals, insulating rooms for humans and animals are set out in Annex No. 4 to the Regulation.
§ 13. 1. The industrial processes, during which harmful biological agents qualified for the group 2-4 hazard are used, shall be applied respectively § 12 paragraph. 2, taking into account the degrees of hermetics and hermetics.
2. The competent health inspector and the competent labour inspector, on the basis of a risk assessment associated with the use of harmful biological agents qualified for a group of 2-4 hazards, may order the application of appropriate means of hermetics in industrial use of harmful biological agents.
3. The means of hermetic and the degree of hermetic for industrial processes are set out in Annex 5 to the Regulation.
§ 14. If, as a result of the analyses, it is not possible to carry out a conclusive assessment of the harmfulness of the biological agent and it is suspected that the use of the factor in question may constitute a serious risk to the health of workers, the work and processes specified § 12 and § 13 are operated only at work stations where at least 3 are provided. the degree of hermetics.
§ 15. 1. In the case of diagnosis in an employee of the disease, which may be the result of exposure to the harmful biological agent, the obligations of the employer shall be:
1. informing the competent health inspector about the incidence of the disease;
2. to ensure that the other workers exposed to the harmful biological agent are able to carry out medical examinations, to the extent that they have been subjected to a harmful biological agent;
3) carry out a reassessment of the risk in the workplace;
4) elimination of the resulting hazard.
2. Paragraph Recipe 1 shall also apply when the worker's death has occurred, caused by the effects of a harmful biological agent in the workplace.
§ 16. 1. In the event of an occurrence or possibility of occurrence in the working environment of a harmful biological agent against which the vaccine is available, the provisions of the Act of 6 September 2001 shall apply accordingly. o infectious diseases and infections (Dz. U. Nr 126, pos. 1384, as of late. 1. 4) ).
2. The employer shall order the execution of the exposure work to the harmful biological agent qualified in group 3 or 4 of the risk to the workers properly protected, including immunized with the available vaccines.
§ 17. The Regulation shall enter into force after 14 days from the date of the announcement.
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1) The Minister of Health heads the government administration department-health, based on § 1 par. 2 of the Regulation of the President of the Council of Ministers of 11 June 2004 on the detailed scope of the action of the Minister of Health (Dz. U. Nr 134, pos. 1439).
2) The provisions of this Regulation shall be implemented by the provisions of Directive 2000 /54/EC of the European Parliament and of the Council of 18 September 2000 (1). on the protection of workers from the risks related to exposure to biological agents at work (seventh individual Directive within the meaning of Article 4). 16 ust. (Article 1 of Directive 89 /391/EEC) Urz. EC L 262, 17.10.2000, p. 21; Dz. Urz. EU Polish edition special dissolution. 5, t. 4, str. 48).
3) Amendments to the text of the single law have been announced in the Dz. U. 1998 r. No. 106, pos. 668 i Nr 113, poz. 717, 1999 Nr 99, pos. 1152, of 2000 No 19, pos. 239, Nr 43, pos. 489, No. 107, pos. 1127 and No. 120, pos. 1268, 2001 No 11, pos. 84, Nr 28, pos. 301, Nr 52, pos. 538, Nr 99, pos. 1075, Nr 111, poz. 1194, No 123, pos. 1354, Nr 128, poz. 1405 and No. 154, pos. 1805, of 2002. No. 74, item. 676, No. 135, pos. 1146, No. 196, item. 1660, Nr 199, pos. 1673 and No. 200, pos. 1679, 2003 Nr 166, pos. 1608 i Nr 213, poz. 2081, 2004 Nr 96, pos. 959, Nr 99, pos. 1001, Nr 120, poz. 1252, No. 240, pos. 2407 and 2005 Nr 10, pos. 71 and No. 68, pos. 610.
4) The amendments to the said Act were announced in Dz. U. 2003 r. Nr 45, poz. 391 and No. 199, pos. 1938 and 2004 Nr 96, pos. 959, Nr 173, pos. 1808 i Nr 210, poz. 2135.
Annexes to the Regulation of the Minister of Health
of 22 April 2005 (pos. 716)
Annex 1.
Annex No 1
Annex 2. [ LIST OF WORKERS AT RISK FOR BIOLOGICAL AGENTS]
Annex No 2
LIST OF WORK THAT PUTS WORKERS AT RISK OF BIOLOGICAL AGENTS
Annex 3. [ PATTERN OF THE WARNING SIGN AGAINST THE BOLOGICAL HAZARD]
Annex No 3
BOLOGOUS HAZARD WARNING SIGN
Annex 4. [ PATHWAYS FOR LABORATORIES, ANIMALS, INSULATING ROOMS FOR HUMANS AND ANIMALS]
Annex No 4
HERMETIC MEASURES FOR LABORATORIES, ANIMALS, INSULATING ROOMS FOR HUMANS AND ANIMALS
Annex 5. [ HERMETIC MEASURES AND DEGREES OF HERMETICS IN INDUSTRIAL PROCESSES]
Annex No 5
HERMETICS AND HERMETIC DEGREES IN INDUSTRIAL PROCESSES
[ 1] § 2 in the wording established by § 1 item 1 of the Regulation of the Minister of Health of 29 February 2008 amending the Regulation on harmful biological agents for health in the working environment and the protection of the health of workers exposed to these factors (Journal of Laws No. 48, item. 288). The amendment entered into force on 5 April 2008.
[ 2] § 4 (1) 3 in the wording established by § 1 item 2 of the Regulation of the Minister of Health of 29 February 2008 amending the Regulation on harmful biological agents for health in the working environment and the protection of the health of workers exposed to these factors (Journal of Laws No. 48, item. 288). The amendment entered into force on 5 April 2008.
[ 3] § 8 par. 1 in the wording established by § 1 item 3 of the Regulation of the Minister of Health of 29 February 2008 amending the Regulation on harmful biological agents for health in the working environment and the protection of the health of workers exposed to these factors (Journal of Laws No. 48, item. 288). The amendment entered into force on 5 April 2008.
