Regulation Of The Minister Of Health Of 22 April 2005 On The Harmful Biological Agents For The Health In The Work Environment And The Protection Of The Health Of Workers Working Exposed To These Factors

Original Language Title: ROZPORZĄDZENIE MINISTRA ZDROWIA z dnia 22 kwietnia 2005 r. w sprawie szkodliwych czynników biologicznych dla zdrowia w środowisku pracy oraz ochrony zdrowia pracowników zawodowo narażonych na te czynniki

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On the basis of article. 2221 § 3 of the Act of 26 June 1974-labour code (Journal of laws 1998, No 21, item 94., as amended. 3)) are managed as follows: § 1. The regulation defines: 1) classification and the list of harmful biological agents;

2) a list of the work exposes workers to biological agents;

3) specific conditions for the protection of workers from the risks caused by harmful biological agents, including the types of measures necessary to ensure the protection of health and life of workers exposed to these factors, the scope of application of these measures and the conditions and how to monitor the health of exposed workers;

4) keep a register of the work exposes workers to harmful biological agents and workers employed by these works, and how to store and transfer of those records to the entities competent to resolve or identification occupational disease.

§ 2. [1] 1. Harmful biological agents which may cause an infection, allergy or poisoning include: 1) micro-organisms, including genetically modified;

2) non-cellular entity capable of replication or of transferring genetic material, including genetically;

3) cell cultures;

4) internal parasites in humans.

2. classification and the list of harmful biological agents are specified in annex 1 to the regulation.

§ 3. List of work exposes workers to biological agents is specified in annex 2 to the regulation.

§ 4. 1. with a view to the protection of workers from the risks caused by harmful biological factor the employer is obliged to apply, under the conditions laid down in regulation, all available means to eliminate exposure or limiting the degree of exposure, hereinafter referred to as "preventive measures".

2. If an employee is employed in conditions of exposure to harmful biological agent qualifying Group 1 hazard, the employer shall apply precautionary measures referred to in the provisions of the scope of health and safety at work.

3. [2] If the work environment there are genetically, for which there is a suspicion that it may have pathogenic properties, the employer, within its jurisdiction, provides the conditions laid down in the rules of the law of 22 June 2001 on genetically modified organisms (OJ 2007, no. 36, item. 233).

4. If the work environment there are microorganisms of unknown affiliation of species for which there is a suspicion that it may have pathogenic properties, the employer, within its jurisdiction, provides preventive measures, provided for the harmful biological agent certified to the highest risk group.

§ 5. 1. Before choosing a preventative measure the employer shall evaluate the risk to which it is or may be affected by the employee, taking into account in particular: 1) classification and the list of harmful biological agents;

2) the type, degree, and duration of exposure to harmful biological agent;

3) information on: a) potential allergenic or toxigenic effects harmful biological agent, b) disease that may occur in the wake of the work performed, c) established disease, which has a direct link with the work;

4 the competent authorities) advice health inspection, State labour inspection and occupational health service units.

2. health care and medicinal plants for animals, the employer shall take into account: 1) information on the potential presence of harmful biological agent in a patient or an animal, and in the material and speciments taken from them;

2) threat of harmful biological agent that is known to be present or whose presence is suspected in a patient or an animal, and in materials and speciments taken from them;

3) risks arising from the nature of the work.

§ 6. The risk assessment referred to in paragraph 5, should be updated, in particular with regard to the changes relevant to the health of workers at work.

§ 7. The application of preventive measures do not relieve the employer from the obligation to: 1) avoid harmful biological agent, if the type of business allows it, through its replacement by a different biological factor, which, in accordance with the terms of use, is not dangerous or is less dangerous to the health of the worker;

2) keep a register of the work exposes workers to a harmful biological agent certified for groups of 3 or 4 threats, in the form of electronic or paper register, taking into account in particular the following information: a) of the number of employees engaged in this work, b) of the list of actions, during which the employee is or may be exposed to harmful biological agents, c) first name, last name, position and contact phone number of the employer or the person authorized by him to the supervision of occupational safety and health;

3) reduce the number of workers exposed or likely to be exposed to harmful biological agent;

4) design work process in such a way as to avoid or minimise the release of harmful biological agent in the workplace;

5) provide employees with collective protection measures or where otherwise you can avoid exposure, personal protective equipment, appropriate to the type and level of exposure;

6) provide employees with containment measures for the prevention and reduction of the accidental transfer or release harmful biological agent;

7) use warning sign against biohazards, which is set out in annex 3 to the regulation, and other warning signs;

8) draw up a plan in the event of a failure of procedure involving a harmful biological agent certified for groups of 3 or 4;

9) test for the presence of harmful biological agent, where necessary and technically feasible, with the exception of originally confined space;

10) provision of conditions for the safe collection, storage and disposal of waste by workers, using safe and labelled containers;

11) the application of the procedures for safe handling of harmful biological agents;

12) provide employees with systematic training;

13) inform the worker about examinations, of which an employee may use after the end of exposure;

14) keep a register of workers exposed to harmful biological agents in groups of 3 or 4, electronic or paper, taking into account in particular the register with the following information: a) the type of work performed, (b)) of the hazards caused by the action of harmful biological agent, c) crashes and accidents related to exposure to harmful biological agent, d) the risk assessment with the name of a harmful biological agent and group risk , e) the number of workers exposed to harmful biological agent, f) first name, last name, position and contact telephone number of the responsible person with the employer for safety and health at work and the protection of the health of workers;

15) information at the request of an employee or representative of a) the number of workers exposed, b) to the person responsible for safety and health at work and the protection of the health of workers.

§ 8. 1. Information on the use of a harmful biological agent for purposes of scientific research, diagnostic or industrial employer shall provide the competent inspector killed: [3] 1) at least 30 days before the date of use for the first time a harmful biological agent qualifying Group 2-4;

2) in any case, if there are substantial changes of importance to safety and health of a worker in the workplace;

3) within 30 days after the end of the activity by the enterprise or establishment;

4) immediately, in the event of any accident or incident which may cause the release of a harmful biological agent qualifying Group 2-4 risks.

2. The information referred to in paragraph 1. 1, account shall be taken in particular of: 1) the name and address of the undertaking and/or establishment and the nature of the business;

2) cell or the workplace in which the exposure covered by the Declaration;

3) first name, last name, job title, and phone number of contact person with the employer for safety and health at work and the protection of the health of workers;

4) the result of the risk assessment with the name of a harmful biological agent and group risk, the type of work performed and time of exposure;

5) anticipated preventive measures;

6) the number of exposed workers.

3. Laboratories providing diagnostic services with regard to harmful biological agents qualified for Group 4 risks shall communicate to the competent inspector killed only the information referred to in paragraph 1. 1 paragraphs 1 and 3.

§ 9. 1. The training referred to in § 7 paragraph 12, covers:


1) potential risks to health and life of employees caused by the action of harmful biological agent;

2) of the measures to be taken in order to prevent hazards caused by the action of harmful biological agent;

3) hygiene requirements;

4) equipment and the application of collective protection measures and the individual;

5) activities that employees take in the event of a failure or accident, or for their prevention.

2. The training shall be carried out as specified in the provisions on training in the field of health and safety at work.

§ 10. 1. the register referred to in § 7 paragraph 14, the employer holds for a period of not less than 10 years from the date of cessation of exposure, subject to paragraph 2. 2.2. In the case of exposure to harmful biological factor, which may be the cause of the disease: 1) a chronic or latent, 2) that, in the light of current knowledge, it is impossible to diagnose until the development of the disease, 3) with an exceptionally long period of incubation, 4) recurrent character over a long period despite treatment, 5) that could cause serious, long-term complications – register is kept for a period of 40 years from the date of the last recorded case, in the case of exposure.

3. The employee or the employee's representative provides the information contained in the register referred to in § 7 paragraph 14:1) to the full extent-if applies to this employee;

2) for limited for the anonymity of the people, which applies where information applies to other employees.

4. Access to the register referred to in § 7 paragraph 14, has the proper organizational unit of occupational medicine services, the competent sanitary inspector and the competent labour inspector.

5. In the event of liquidation or bankruptcy of the employer passes on to the competent registry due to the established wojewódzkiemu to the Centre of occupational medicine and the competent inspector killed.

§ 11. 1. within the framework of the employment protection against the risks caused by harmful biological factor the employer is also obliged to: 1) ensure that the worker safe conditions of the consumption of food and drinks in separate premises;

2) equipment employee in the correct personal protective equipment and storing them in a clearly marked the spot;

3) ensure appropriate premises, equipment, sanitary hygiene and personal care and, if necessary, measures to decontaminate skin or mucous membranes;

4) establishment and application of procedures: a) the collection, transport and processing of samples and materials of human or animal origin, b) disinfection, c) for the safe disposal and management of contaminated waste;

5) ensure safe conditions of decontamination, cleaning and, if necessary, destroy clothing, personal protective equipment and equipment that have contaminated the harmful biological factor;

6) provide the worker with current written instructions from the harmful biological factor;

7) immediately inform all workers as a result of the accident or incident, or their representative about this incident, if it could result in the release of a harmful biological agent, as well as its causes and the measures taken and proposed measures to contain the situation;

8) take immediate action to the Elimination of causes and consequences of the accident or incident;

9) the reporting of accident or incident associated with the release of a harmful biological agent, depending on its type, to the competent occupational health service units and the proper sanitary inspector.

2. the Statements referred to in paragraph 1. 1 paragraph 6, include the procedure to be followed with damaging a biological agent as: 1) accident or incident associated with the release a harmful biological agent;

2) exposure to harmful biological factor for groups of 3 or 4 hazard.

§ 12. 1. In laboratories, including diagnostic laboratories, and in rooms for laboratory animals which have been deliberately infected with a harmful biological agents qualified for Group 2-4 risk or that are suspected of infection of a factors, for the purpose of research, development, education or Diagnostics after the exposure assessment and determine the degree of containment required for each harmful biological agents, shall adopt appropriate measures and containment levels.

2. In the areas referred to in paragraph 1. 1 activities related to the exposure to harmful biological agents shall be carried out in the workplace to the corresponding to at least 2:1). containment for harmful biological agent qualifying Group 2;

2) 3. containment for harmful biological agent qualified to group 3;

3) 4. containment for harmful biological agent qualifying Group 4 threats.

3. in the areas referred to in paragraph 1. 1 works with materials for which there is uncertainty as to the presence of harmful biological agents which may cause disease in humans, and that the goal is not to conduct research on these factors, including breeding or collect them, apply 2. the degree of containment, and degrees of containment levels 3. or 4. then, when necessary.

4. In the premises, in which people or animals infected or suspected of being infected by a harmful biological factor selected for groups of 3 or 4 hazard containment measures are applied.

5. means of containment and degrees of containment for laboratories, zwierzętarni, insulation for humans and animals are set out in annex 4 to the regulation.

§ 13. 1. For industrial processes, during which are harmful biological agents in groups 2-4 risks shall apply accordingly § 12 para. 2, taking into account the containment measures and containment levels.

2. the competent sanitary inspector and the competent labour inspector, on the basis of an assessment of the risks related to the use of harmful biological agents in groups 2-4 risks, may prescribe the use of appropriate containment measures in the use of industrial harmful biological agents.

3. the measures and containment levels and degrees of containment for industrial processes are defined in annex 5 to regulation.

§ 14. If, as a result of the analysis is not possible to carry out a conclusive assessment of the dangers of a biological agent and there is a suspicion that the use of a factor likely to constitute a serious risk to workers ' health, work and processes specified in section 12 and section 13 shall be carried out only in the workplace, where there is at least 3. the degree of containment.

§ 15. 1. in the case of recognition in employee illness, which may be the result of exposure to a harmful biological agent, to the obligations of the employer: 1) inform relevant health inspector about the case;

2) to ensure that the other workers exposed to harmful biological agent, in so far as the sick employee, the possibility of carrying out the examinations;

3) to carry out the re-evaluation of risks in the workplace;

4) Elimination of the resulting risks.

2. the provision of paragraph 1. 1 shall also apply when the death occurred an employee, called the action a harmful biological agent in the workplace.

§ 16. 1. In the event of the occurrence or possibility in the work environment harmful biological agent against which the vaccine is available, shall apply mutatis mutandis the provisions of the Act of 6 September 2001 on infectious diseases and infections (OJ No 126, item 1384, as amended. 4)).

2. the employer shall have work related to exposure to harmful biological factor selected for groups of 3 or 4 employees risks properly secured, including uodpornionym using available vaccines.

§ 17. This Regulation shall enter into force after 14 days from the date of the notice.



 

1) Health Minister directs Government Administration Department-health, on the basis of § 1 para. 2 regulation of the Prime Minister of 11 June 2004 on the detailed scope of the Minister of health (OJ No 134, poz. 1439).

2) the provisions of this Regulation implement provisions of Directive 2000/54/EC of the European Parliament and of the Council of 18 September 2000 on the protection of workers from the risks related to exposure to biological agents at work (seventh individual Directive within the meaning of article 16 (1) of Directive 89/391/EEC) (OJ. EC-L 262 of 17.10.2000, p. 21; Oj. EU Polish Special Edition. 5, vol. 4, p. 48).


3) Changes the consolidated text of the said Act were announced in the journal of laws of 1998, no. 106, item. 668 and # 113, item. 717, with 1999 No. 99, item. 1152, 2000 No 19, item. 239, no. 43, item. 489, no. 107, item. 1127 and No. 120, item. 1268, 2001 # 11. 84, no. 28, item. 301, no. 52, item. 538, No 99, item. 1075, no. 111, item. 1194, # 123, poz. 1354, no. 128, item. 1405 and # 154, poz. 1805, 2002 No. 74, item. 676, No 135, item. 1146, # 196, poz. 1660, # 199, item. 1673 and # 200. 1679, from 2003 No 166, item. 1608 and # 213. 2081, 2004, no. 96, item. 959, no. 99, item. 1001, no. 120, item. 1252, # 240, item. 2407 and 2005 No. 10, item. 71 and # 68, item. 610.4) changes to the said Act were announced in the journal of laws of 2003, no. 45, item. 391 and # 199. 1938 and 2004 No. 96, item. 959, No 173, item. 1808 and # 210, poz. 2135. Annexes to the regulation of the Minister of Health of 22 April 2005 (. 716) Annex 1.

Annex No 1 display the attachment annex 2. [LIST OF WORK EXPOSES WORKERS TO BIOLOGICAL AGENTS]

Appendix 2 LIST of WORK EXPOSES WORKERS to BIOLOGICAL AGENTS View Appendix 3. [A MODEL OF THE MARK WARNING AGAINST THE RISK OF BOLOGICZNYM]

Annex 3 MODEL of the MARK WARNING THREAT BOLOGICZNYM View Appendix 4. [MEANS OF CONTAINMENT FOR LABORATORIES, ZWIERZĘTARNI, INSULATION FOR HUMANS AND ANIMALS]

Annex # 4 CONTAINMENT MEASURES for LABORATORIES, ZWIERZĘTARNI, INSULATION for humans and animals, view the attachment annex 5. [CONTAINMENT MEASURES AND CONTAINMENT STEPS IN INDUSTRIAL PROCESSES]

Appendix 5 CONTAINMENT MEASURES and CONTAINMENT STEPS in industrial processes, view the attachment [1] § 2 in the version set by § 1 paragraph 1 of the regulation of the Minister of Health dated 29 February 2008 amending Regulation on the harmful biological agents for the health in the work environment and the protection of the health of workers working exposed to these factors (OJ # 48, item. 288). the change entered into force on 5 April 2008.

[2] § 4 paragraph 2. 3 in the version agreed by § 1 paragraph 2 of the regulation of the Minister of Health dated 29 February 2008 amending Regulation on the harmful biological agents for the health in the work environment and the protection of the health of workers working exposed to these factors (OJ # 48, item. 288). the change entered into force on 5 April 2008.

[3] § 8 paragraph 1. 1 in the version agreed by § 1 paragraph 3 of the regulation of the Minister of Health dated 29 February 2008 amending Regulation on the harmful biological agents for the health in the work environment and the protection of the health of workers working exposed to these factors (OJ # 48, item. 288). the change entered into force on 5 April 2008.

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