Biology Safety, Health and Safety Legislation

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	Health and Safety Legislation affecting work in the Department
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Legal requirements

This document has been drafted to provide departmental workers with some background to explain why we ask them to do certain things in the name of "health and safety". Rather than quote extracts from the various Acts and Regulations in other Departmental documents the author feels it better to provide undiluted practical information and advice there. However, for those who require more explanation this is provided here.
The Acts and Regulations are set down by our elected representatives in order to protect all of us from reasonably foreseeable (and avoidable) harm while carrying out our lawful employment or studentship. These legal standards are minimal requirements, and any substandard arrangements here could result in individual members of the Department being injured or killed and others being prosecuted.
The requirements of health and safety (H&S) law are generally aimed at those in authority - those with the means to effect the minimum requirements to protect workers (staff and students). In the University, management of H&S issues is delegated, in much the same way as any other function such as academic provision or financial affairs, to Faculties and thence to Departments. Guidance is provided in the University Safety Manual for Heads of Departments and in Biology and Biochemistry this guidance is followed.

Principal Health and Safety legislation affecting Department personnel

The Health and Safety Executive (HSE) have issued a leaflet outlining the key points of the law. "Health and safety law. What you should know " is available on the web in PDF format. It does not describe the law in detail but does provide a good summary.

The following is a summary of the more important aspects of safety legislation affecting Departmental personnel, but excludes fire legislation and legislation on food safety. It is not claimed to be exhaustive, and it does not include every feature of each piece of legislation described. It is intended to be a check-list against which people (particularly supervisors) can determine their principal safety obligations, detailed guidance on which is available from the University Safety Officer.

Green text indicates how we, in the Department/University implement aspects of the legislation. Readers should also be aware that the author regards compliance with legislation as a minimum standard.

The document below is heavily based on one generated by Peter Gerrard (formerly safety officer at UMIST).

Please note that

references to 'the employer' will usually mean 'the department',
the department attempts to see a legal requirement as a MINIMUM standard and
the department will aim to provide students (undergraduate and postgraduate) with the same level of protection as employees.

Health and Safety at Work etc. Act 1974

Management of Health and Safety at Work Regulations 1999

The Provision and Use of Work Equipment Regulations 1992 (PUWER)

The Workplace (Health, Safety and Welfare) Regulations 1992

The Manual Handling Operations Regulations 1992

The Health and Safety (Display Screen Equipment) Regulations 1992

The Control of Substances Hazardous to Health Regulations 1994 (COSHH)

(EH40: Occupational Exposure Limits)

The Chemicals (Hazard Information and Packaging for Supply) Regulations 1994 [CHIP]

The Personal Protective Equipment at Work Regulations 1992

The Genetically Modified Organisms (Contained use) Regulations 2000

The Electricity at Work Regulations 1989

The Health and Safety (Safety Signs and Signals) Regulations 1996

The Noise at Work Regulations 1989

The Control of Asbestos at Work Regulations 1987 and the 1992 Amendment Regulations

The Radioactive Substances Act 1993

The Ionising Radiations Regulations 1999

The Environmental Protection Act 1990

The Special Waste Regulations 1996

Health and Safety at Work etc. Act 1974
This is the bedrock for most of the following Regulations. Most of the obligations listed in the Health and Safety at Work etc. Act (HSW) are qualified by the phase "so far as is reasonably practicable", and this does allow a balance between the cost of safety measures and the risk(s): where the cost is disproportionately high, the measures may not be "reasonably practicable".
Section 2-(1) The employer must ensure the health, safety and welfare at work of all his employees. This is an absolute duty.
Section 2-(2) The duty under section 2-(1) includes in particular :-
a) The provision and maintenance of safe plant and systems of work.
b) Safety in the use, handling, storage and transport of articles and substances.
c) The provision of information, instruction, training and supervision. The department provides all new members with appropriate information. Supervisors are expected to ensure those they supervise are adequately instructed, trained and supervised.
d) The maintenance of any place of work, which is under the employer's control, in a safe condition, including the means of access to and egress from it.
e) The provision and maintenance of a safe working environment, including adequate facilities and arrangements for welfare at work.
Section 2-(3) The employer has to prepare a written statement of safety policy. We have a version for staff and postgraduate students and a similar version for undergraduate students. The University safety policy is also available on the web.
Section 2-(4) The Secretary of State is allowed to provide for the appointment of trade union safety representatives, with the right to represent the employees in consultations with employers on safety matters.
Section 2-(5) Similarly, the Secretary of State is allowed to provide for the election of safety representatives from amongst non-unionised employees.
Section 2-(6) The employer must consult safety representatives on health and safety matters. Both the University Safety Committee and our departmental Safety Team include trade union-appointed safety reps.
Section 2-(7) If requested by the safety representatives, the employer must set up a safety committee having the function of keeping under review measures to ensure health and safety at work; and any other such functions as may be prescribed.
Section 3 The employer must conduct his undertaking in such a way as not to expose non-employees (e.g. students and visitors) to risk, and he must give such non-employees information about how he is conducting his undertaking so as not to have a detrimental effect on their health or safety. This is why we attempt to provide students with the same degree of safety information as staff.
Section 4 This places duties on a person who makes premises available as a place of work to people who are not his own employees: he must ensure that the premises, and any of his plant and substances present on them, are safe for those people. An example would be the University's obligations when allowing contractors to work on its premises.
Section 5 Persons controlling premises (e.g. employers) must prevent the admission to atmosphere of noxious or offensive substances.
Section 6 The original Section 6 was amended by the Consumer Protection Act of 1987, and places obligations on anyone who designs, manufacturers, imports or supplies any article or substance for use at work. It is relevant to the University in so far as it places duties on anyone who designs or manufacturers articles or substances within the University, or who supplies outside the university any article or substance for use in connection with work. This can include second-hand equipment given as a favour to another university or a school, when there is the obligation to ensure that it is safe.
Section 7 This places duties on every employee (but not students) to; a) Take reasonable care for the health and safety of themselves and of other persons who may be affected by their acts or omissions at work; and b) To co-operate with their employer on safety matters.
We request students to observe the same duties although accepting that they should be adequately supervised at all times. The University could exert disciplinary procedures on students who flout these duties.
Section 8 No-one, employee or otherwise, "shall intentionally or recklessly interfere with or misuse anything provided in the interest of health, safety or welfare". The University has exerted, and will exert, disciplinary procedures on staff and students who flout this duty. For serious breaches then a criminal prosecution could follow.
Section 9 No employer shall levy charges on any employee for anything done or provided in respect of safety matters. Workers are not charged for any safety provision. We operate a voluntary "loan" schemes for the supply of laboratory coats and safety spectacles to undergraduate students.
There are many other matters dealt with by the Act, including the right for the Secretary of State to make regulations expanding its provisions, or repealing or modifying other safety legislation. The regulations described below have been made under these powers given to the Secretary of State, but in the main the other matters in the Act are not directly of concern to Department members.

Management of Health and Safety at Work Regulations 1999
Full text of these Regulations is available on the web from HMSO. These regulations to some extent overlap with earlier legislation, including the HSW Act itself. Where there is an overlap, compliance with the requirements contained within the earlier legislation will normally be sufficient to comply with the Management regulations. For example, where risk assessments having been carried out under the COSHH regulations, these will satisfy the Management regulations, but only so far as there are no risks to be assessed which are not covered by COSHH. Particular points to note are : -
Regulation 3 - Employers must make a suitable and sufficient assessment of the risks to the health and safety of their employees whilst at work, and this assessment must also include any risks to non-employees as a consequence of work activities. The assessment must be reviewed and updated when necessary, and any significant findings must be recorded. No record is necessary where the risk is clearly so small as to be insignificant, but a record must be kept of any significant hazards found and the measures necessary to control these properly. Thus the Department must record the significant findings of the assessments and any groups of workers who are identified as being especially at risk. Hence the department has produced generic risk assessments and a system for supervisors to assess work not covered by these. Risk assessments must take account of the relative inexperience, lack of awareness and immaturity of young workers (under 18). Regulation 19 also details protective measures for young people. Regulation 16 also requires an assessment of risks to be performed for women of child-bearing age (regarding risks to new or expectant mothers.
Regulation 4 states that when any preventive or protective measure is implemented it should be on the basis of certain principles;
avoiding risks evaluating the risks which cannot be avoided adapting the work to the individual adapting to technical progress replacing the dangerous by the non-dangerous or less dangerous developing a coherent overall prevention policy which covers technology, work organisation, working conditions, social relationships and the influence of factors relating to the working environment giving collective protective measures priority over individual protective measures and giving appropriate instructions to employees and others
Regulation 5 - Employers must have, and record details of, effective arrangements in place to plan, organise, control, monitor and review safety systems and procedures, and this includes the establishment of organisational structures to ensure that decisions and actions are implemented, monitored and reviewed. Following the guidance given in HS(G)65 "Successful Health and Safety Management" will satisfy this regulation. The department has appointed individuals (and the Safety Team) to manage and co-ordinate health and safety arrangements. Details can be found in the local rules. (hyperlink)
Regulation 6 - Health surveillance must be provided where appropriate. We do this routinely for workers who could be exposed to known animal, or plant, allergens.
Regulation 7 - Employers must appoint competent person(s) to assist in meeting safety requirements. Where such competent people exist within the employer's employment then they should be appointed in preference to a competent person not in his employment. The University meets this with its system of a Safety Officer and Departmental Safety Liaison Officers.
Regulation 10 - Employees must be provided with comprehensible and relevant information on safety and how to preserve it. This also applies to trainees and to employees of other organisations sharing the premises. We provide all Departmental members with a safety policy. Staff, undergraduate project students and postgraduate students also receive a copy of the local rules and relevant generic risk assessments. These detail risks, preventive and protective measures and the identities of people delegated with safety management responsibilities.
Regulation 13 - The Department must take into account the capabilities of workers (as regards health and safety) before allowing them to perform activities. We must ensure that adequate training is provided on; being recruited (at induction) being exposed to new or increased risks being transferred or given a change of responsibilities introducing new work equipment or changing existing equipment introducing a new system of work or changing an existing one We have introduced a system to record capabilities (based on describing supervision levels) and training which relies on supervisors recording details on the record sheets appended to the front of all risk assessments.
Regulation 14 - Workers must only use items according to information and instruction provided to them by the Department. Employees are required to bring to their employer's notice anything which represents a serious and imminent danger, and any other perceived short-comings in safety arrangements.
Regulation 15 requires the Department to provide temporary workers (employed under a fixed-term contract) comprehensible information on any special occupational qualifications or skills required or any health surveillance required to be provided. We attempt to provide all Departmental workers (staff and students) with a similar standard of information and protection.
Regulation 16 requires the Department to assess risks specifically concerning women of child-bearing age (affecting new or expectant mothers). We have compiled a separate document detailing additional information on reproductive hazards.

The Provision and Use of Work Equipment Regulations 1992
Under these, employers have a duty to ensure that work equipment is only used under conditions for which it is suitable, that it is maintained in an efficient state, in efficient working order and good repair. Employees must have: adequate health and safety information pertaining to the use of equipment; appropriate written instructions; and adequate training for the purposes of health and safety. These regulations apply to any new or second-hand machinery, appliance, apparatus tools or component apparatus supplied for use at work, and include everything from dumper trucks to overhead projectors and ladders to butchers' knives and hand-saws, and not excluding photocopiers and biological safety cabinets. They require that equipment shall be suitable for the purpose for which it is to be used, that it shall be maintained in good repair; and that adequate information, instruction and training shall be provided to all persons who are to use the equipment. Where the use of equipment is likely to involve a specific risk to health or safety, the employer must ensure that;
the use of the equipment is restricted to those persons given the task of using it, and repairs, etc. to the equipment are restricted to specified persons.
Where there is an EC directive applicable to the item of equipment, the employer must ensure that the equipment complies with it. In general this will mean that the requirements of the regulations 11-24 have been complied with. These regulations are as follows :-
Regulation 11 - Specifies guarding or other measures to prevent access to any dangerous part of machinery, and the provision of any necessary information, training and supervision. Guards must be maintained in a good state of repair.
Regulation 12 - Specifies protection against hazards such as ejection of articles or substances from a piece of equipment; disintegration of parts of the equipment; equipment catching fire or overheating; discharge of anything obnoxious from the equipment; and explosion of the equipment or anything associated with it. Most importantly, risk control measures to be taken shall, so far as reasonably practicable, be measures other than the provision of personal protective equipment, and other than administrative measures such as the provision of instruction and supervision.
Regulation 13 - Covers protection from high, or very low, temperatures.
Regulations 14 to 18 - Require the provision of controls and certain other arrangements where appropriate. Where moving parts are involved, there may have to be start, stop and emergency stop controls, unless the risk of injury is negligible. Readily accessible emergency stop controls may be required by reason of the nature of the hazards and/or the time taken for the equipment to come to a complete stop as the result of the action of a normal stop control. Controls must be clearly visible and identifiable.
Regulation 19 - Work equipment must be provided with suitable means to isolate it from all its sources of energy, these being clearly identifiable and readily accessible, and appropriate measures must be taken to ensure that re-connection does not expose anyone using the equipment to any risk. The main aim of the regulation is to allow equipment to be made safe in circumstances such as when maintenance is to be carried out.
Regulation 20 - Work equipment must be stable.
Regulation 21 - Lighting must be suitable and sufficient where work equipment is used.
Regulation 22 - Work equipment must be such that it can be maintained in a safe manner.
Regulation 23 - Where appropriate, work equipment must be clearly and visibly marked (for example, with Safe Working Load on cranes; marking of stop/start controls).
Regulation 24 - Where appropriate, equipment must incorporate warnings or warning devices, and these must be unambiguous, easily perceived and easily understood.

The Workplace (Health, Safety and Welfare) Regulations 1992
These regulations consolidate many existing pieces of legislation relating to workplaces and their welfare facilities. Features covered by the regulations include :
	Maintenance of equipment, devices, etc. in an efficient state. Ventilation Temperature Lighting Cleanliness and waste materials Room dimensions and space Workstations and seating Condition of floors and traffic routes Measures to prevent falls and falling objects Windows and transparent or translucent doors (include safety materials, protection against breakage, and marking to make apparent). Windows, sky-lights and ventilators (covering avoidance of risk when these are openable) Ability to clean windows, etc. safely Organisation etc. of traffic routes Doors and gates (avoidance of danger) Escalators and moving walkways Sanitary conveniences (specification of numbers etc.) Washing facilities (amount to be provided etc.) Drinking water Accommodation for clothing Facilities for changing Facilities for rest and to eat meals.
Standards imposed by these regulations in many cases closely reflect those of previously existing laws.

The Manual Handling Operations Regulations 1992
These regulations cover any transporting or supporting of a load by hand or bodily force i.e. where human, as opposed to mechanical, effort is required to move or hold a load. This includes lifting, putting down, pushing, pulling, carrying or moving. The definition includes the handling of an animal or a person.
The first requirement of the regulations is, so far as is reasonable practicable, to avoid the need for any hazardous manual handling operations altogether. Where this cannot be avoided, an assessment of the task must be undertaken, and measures introduced to reduce the risk of injury to the lowest level reasonable practicable. We have a generic assessment covering the manual handling of loads.
Assessments must be carried out by a competent person, must be kept up-to-date and be revised where there has been a significant change; and must be recorded, as least as regards the significant findings. Many assessments will be generic, covering a range of tasks of similar type, such as porters' work. The HSE's guidance on the regulations gives an example of an assessment check-list.

The Health and Safety (Display Screen Equipment) Regulations 1992
The equipment principally affected by these regulations is visual display units (VDUs), but non-electronic systems such as micro-fiche viewers and production process control panels are also included. There are a number of exceptions, such as display panels on window typewriters.
The provisions of the regulations only apply where equipment is used by a "user", defined as an employee who habitually uses DSE as a significant part of his normal work. The regulations do not apply to non-employees such as students. To identify "users" we have a simple questionnaire for all departmental members (excluding undergraduate students) to complete (downloadable in Word 97 format).
Where workstations are used by "users", they must be analysed to assess any health and safety risks, and any risks so identified must be reduced to the lowest extent reasonably practicable. In addition to the requirement for an assessment, workstations used by "users" must meet the requirements laid down in the schedule to the regulations, which covers such matters as the display screen itself, the keyboard, the work desk or work surface, the chair, the environment - space, lighting, noise, etc - and the interface between the computer and the user. We ask all "users" to complete a workstation assessment form and, if this highlights a deficiency, the workstation is upgraded.
The employer must plan the activities of "users" such that their work on DSE is periodically interrupted by breaks or changes in activity. The employer is obliged to provide, on request and without charge, an appropriate eye and eyesight test for a "user". Any special glasses found to be necessary as a result of this eye and eyesight test must be provided free of charge. "Users" must also be provided with appropriate training and information for their work with DSE. We have a generic assessment covering the use of DSE.

The Control of Substances Hazardous to Health (COSHH) Regulations 1994
The 1994 regulations replace the original 1988 regulations and consolidate all the subsequent amendments, as well as implementing the requirements of the EC biological agents directive. The definition of a substance hazardous to health covers virtually all substances capable of causing adverse health affects or disease arising from work activities, with the exception of lead and asbestos to the extent that these are covered by separate regulations. Substances which are hazardous by virtue of explosive or flammable properties, or solely because of high or low temperature or high pressure, are not covered by the COSHH regulations, but they are dealt with by the Management regulations, and therefore must not be ignored.
The central requirement of the regulations is that no employer may carry on any work liable to expose employees to hazardous substances unless a suitable and sufficient assessment of the risks, and of the steps needed to ensure the safety of persons concerned, has first been made. These steps are spelled out by the regulations and are :
Regulation 7 - The first duty is to try and prevent the exposure of employees, and only when prevention is not reasonably practicable may other measures be considered. In particular, adequate control must wherever possible be achieved by measures other than the use of personal protective equipment, which should be considered a measure of last resort. However the routine wearing of laboratory coats and/or safety spectacles is generally regarded as a basic measure to minimise risks from foreseeable hazards. (It has not been found reasonably practicable to provide other means of minimising laboratory risks to workers, their clothing, and, in particular, their eyes.) The data in the HSE's publication EH/40 "Occupational Exposure Limits", which is updated annually, should be used where volatile or airborne substances (e.g. dust) are concerned.
Regulations 8 and 9 - Employers providing control measures, including for example PPE and exhaust ventilation (fume cupboards), must ensure that they are properly used by employees, and employees in turn must make full and proper use of control measures. The employer must ensure that equipment is maintained in an efficient state, and local exhaust ventilation must be examined and tested at least once every 14 months.
Regulation 10 - Where necessary for the adequate control of exposure, exposure must be monitored by a suitable procedure. Such monitoring may include periodic measurements of air purity.
Regulation 11 - Again where appropriate, suitable health surveillance must be provided. This may include checks on urine or blood samples, and in the case of significant exposure to carcinogens, records must be kept of who was exposed to what, when and for how long. These records must be kept for at least 40 years.
Regulation 12 - Employees must be provided with such information, instruction and training for them to know the health risks associated with their work and the precautions necessary for their protection. Our responsibilities to comply with these Regulations are addressed by the generic assessments (LAB1 for general lab work, LAB2.1 for toxic and corrosive chemicals and LAB2.2 for biological agents) and any Special assessments drafted by research laboratory workers.

EH40: Occupational Exposure Limits

EH40: Occupational Exposure Limits provides information on controlling exposure to hazardous chemicals in workplace air. Two different types of occupational exposure limits (OELs) for hazardous substances are quoted: Occupational Exposure Standards (OESs) and Maximum Exposure Limits (MELs). OESs and MELs are set to help protect the health of workers and have legal status under the Control of Substances Hazardous to Health Regulations 1999 (COSHH). EH40 also provides further technical details in support of the OELs and COSHH. It includes:

descriptions of the legally approved method of how to calculate exposures over a specified time, the method of measurement and calculation for determining concentrations of man-made mineral fibres, and the procedure for determining guidance values for mixtures of hydrocarbon solvents;
sections which define and provide more information on specific substances eg lead, asbestos and those substances classified as having the potential to cause cancer;
general advice on exposure to mixtures and other factors such as alcohol, prescription drugs, heat etc which may affect the way people respond to substances in the workplace.

OELS and BMGVs are set on the recommendations of the Health and Safety Commission's (HSC) Advisory Committee on Toxic Substances (ACTS) and its Working Group on the Assessment of Toxic Chemicals (WATCH). Proposals for new, revised, or the withdrawal of, MELS and OESs, are published in HSEs EH64: Summary criteria for occupational exposure limits, to give industry, the public and other organisations the opportunity to comment. Information on substances coming up for review by WATCH and ACTS is given in Table 4 of EH40.

EH40 is updated annually. The latest editions of EH40 and EH64 are available from HSE Books, PO Box 1999, Sudbury, Suffolk CO10 6FS (Tel: 01787 881165, Fax: 01787 313995). Further information on health and safety can be found on HSEs homepage on the Internet at http://www.open.gov.uk/hse/hsehome.htm)

MELs and OESs

Occupational Exposure Standards (OESs) and Maximum Exposure Limits (MELs) are expressed as concentrations of hazardous substances in the air, averaged over a specified period of time referred to as a time weighted average (TWA). Two standardised time periods are used: long term (8 hours) and short term (15 minutes). Short term exposure limits (STELs) are set to help prevent effects, such as eye irritation, which may occur following exposure for a few minutes.

An OES is set at a level at which (based on current scientific knowledge) there is no indication of risk to the health of workers exposed to it by inhalation day after day. If exposure to a substance that has an OES is reduced at least to that level, then adequate control has been achieved. If this level is exceeded, the reason must be identified and measures to reduce exposure to the OES put into action as soon as is reasonably practicable.

A MEL is set for substances which may cause the most serious health effects, such as cancer and occupational asthma, and for which 'safe' levels of exposure cannot be determined or for which safe levels may exist but industry cannot control to those levels. To comply with COSHH, exposure should be reduced as far below the MEL as is reasonably practicable and should not exceed the MEL when averaged over the specified reference period. For substances given a short term MEL (15 minute reference period), this level of exposure, averaged over the reference period, should never be exceeded.

The Occupational Exposure Limit (OEL) values given in EH40 as OES or MEL should be used to compare with actual exposure levels measured in the workplace, to see whether exposure to the substance is being properly controlled.

Biological Monitoring Guidance Values

Biological monitoring can be a useful indicator of how much of a hazardous substance has been taken into the body through all routes including the skin. Measurements of substances (or their by-products) in blood, urine or expired air are commonly used. EH40 includes a number of biological monitoring guidance values (BMGVs) which are intended to help decide if the control measures being used are adequate.

Biological monitoring values are set on the recommendations of Health and Safety Commission's (HSC) Advisory Committee on Toxic Substances (ACTS) and its Working Group on the Assessment of Toxic Chemicals (WATCH).

The Chemicals (Hazard Information and Packaging for Supply) Regulations 1994 (or 'CHIP' for short)

The CHIP Regulations were first issued in 1994 and have been changed several times since then to implement changes in the EC Directives on which CHIP is based. The Statutory Instrument for the 1994 Regulations should be the starting point for those who want to read the legal text. The Regulations are supported by a number of Approved Documents which are updated regularly. Amending Regulations are made from time to time to introduce these updates and to define transition periods. The main Approved Document of interest to us is:
A list which gives agreed classifications and labelling details for several thousand chemicals. This list is called the Approved Supply List (ASL). Suppliers of chemicals not on the ASL must work out their own classification and label the chemicals accordingly. Suppliers of substances on the ASL just have to look them up.

CHIP is intended to protect people and the environment from the harmful effects of dangerous chemicals by making sure users are supplied with information about the dangers. In broad terms, CHIP requires chemical suppliers to decide if the chemicals they supply are dangerous according to a set of rules. Dangerous chemicals must then be suitably packaged , provided with labels and accompanied by additional information for safe use (such as safety data sheets). CHIP does not apply to chemicals such as cosmetics or pesticides which are covered by more specific law.
The UK version of Annex I is known as the Approved Supply List and is published as one of the CHIP Approved Documents.
A free downloadable database containing the technical details of Annex I (the ASL) is available from the National Chemical Emergency Centre.

More details of the CHIP Regs are available here.

The Complete Idiot's Guide to CHIP is available (in .pdf format)

Bristol University Chemistry Department have an informative page on the CHIP Regs.

Departmental members should be aware that the hazard information provided by suppliers is to inform them of the known, or suspected, hazards of the chemical and should therefore be read and understood.

The Personal Protective Equipment at Work Regulations 1992
Personal protective equipment (PPE) means all equipment and clothing used at work to afford protection against one or more risks to health or safety, and this can include clothing for protection against adverse weather conditions. Examples of protective clothing are lab coats aprons, gloves, safety footwear and helmets. Protective equipment may be safety glasses/goggles, harnesses, respirators and life jackets. The regulations do not cover ordinary working clothes and uniforms that do not offer specific protection, and therefore exclude items such as caterers' overalls provided in the interest of food hygiene. The regulations also exclude cases where other legislation stipulates a more comprehensive requirement for PPE. Examples are ionising radiation, asbestos, noise and hazardous substances (COSHH).
The regulations require the provision of PPE except where the risk has been adequately controlled by other measures.
Before choosing any personal protective equipment, the employer must carry-out an assessment to determine whether the intended PPE is suitable, and this assessment must identify the risks to be guarded against and a definition of the characteristics that the PPE must have in order to be affective against the risks. These characteristics must then be compared with the characteristics of the available PPE in order to make a valid choice of what is to be provided. Except in the simplest and most obvious cases, the assessment should be recorded and kept readily accessible to those who need to know the results.
The employer must ensure that PPE is maintained in good repair, including replacement or cleaning as necessary, and appropriate accommodation must be provided for keeping the PPE when it is not being used. Employees must be provided with appropriate information, instruction and training on the use of PPE. Employees are legally obliged to make use of the equipment provided. They are also required to report any loss of, or obvious defects in, PPE.

The Genetically Modified Organisms (Contained use) Regulations 2000
The main purpose of these is the protection of people's health (and the environment) from risks associated with the contained use of genetically modified organisms (GMOs). 'Contained' in this context means propagation in laboratories and glasshouses. Separate legislation covers the agricultural propagation (or 'release') of GMOs. The Regulations (available on the web) apply to anybody carrying out contained-use work, whether the person concerned is an employer, an employee, a self-employed person or someone who is not employed, such as a student.
Any person carrying out contained use work is required to establish a local genetic modification safety committee to advise on risk assessments. (The University Genetic Modification Safety Committee [GMSC].) [Regulation 16] carry out an assessment of the risks to human health and to the environment and keep records. [Regulations 6, 7 and 8]. [ Assessments of environmental risks associated with genetically modified non micro-organisms (eg whole plants and animals) are covered by section 1OS(1)(a) of the Environmental Protection Act 1990 together with the Genetically Modified Organisms (Risk Assessment) (Records and Exemptions) Regulations 1996.] The GMSC meets to approve all projects, and personnel (including supervisors) carrying them out, prior to work commencing. Supervisors are expected to complete the risk assessments, but help is available in their completion. classify all operations and organisms used, according to the scheme described in associated documentation. This is part of the assessment process. notify the Health and Safety Executive (HSE) of the intention to use premises for contained use work for the first time, or of subsequent individual activities, and in some cases seek consent from HSE prior to the work commencing. This is arranged via the GMSC. [Regulations 9 to 13] adopt controls, including suitable containment measures. As a result of the accepted assessment, controls will be stipulated. [Regulations 18 and 19] draw up emergency plans where necessary, and notify HSE of accidents involving genetically modified organisms. Again, the GMSC will co-ordinate this. [Regulations 20 and 21]
All incidents involving the release of GMOs must be reported via the University incident reporting mechanism. The Biological Safety Officer will be notified if he has not been contacted directly.
There are provisions for the public to have access to some information notified to HSE. [Regulations 22, 23 and 24] However, safeguards have been built in for the protection of information that is commercially sensitive.
Information on the scheme we adopt to manage these Regulations is available on the web.

The Electricity at Work Regulations 1989
These regulations apply to all types of electrical equipment from a 400kV overhead line to a battery powered hand lamp, recognising that even at low voltage there may be risks from explosion or fire arising from sparking, overheating or arcing. The regulations oblige employers to provide and maintain electrical systems and equipment in a safe condition, but they also specify that employees have a statutory duty to co-operate with an employer in his responsibilities under the regulations, and to comply with the regulations as regards matters which are within an employee's control.
Regulation 4(2) is of primary importance to the Department. It requires electrical systems, including equipment, to be maintained, so far as is reasonable practicable, so as to prevent danger. The HSE's guidance to the regulation makes it clear that regular inspection, including where appropriate testing, is an essential part of any preventive maintenance programme. It is in order to comply with this regulation that the University has required all departments to arrange for the regular inspection and testing of portable electrical equipment, which represents the bulk of individual electrical items within the university. However, the maintenance requirement applies to all other electrical systems, including hard-wired equipment and distribution systems.
The remaining regulations deal primarily with the measures that need to be taken to ensure that electrical systems and equipment are safe, but they do include (in Regulation 14) a prohibition on live working in all but exceptional circumstances. The detailed regulations must be consulted by anyone concerned with the design or fabrication of electrical systems or equipment within the university.

The Health and Safety (Safety Signs and Signals) Regulations 1996

These regulations replace the 1980 safety signs regulations and extend the previous provisions to include fire safety signs and various types of signal. Signs must be provided where risks identified by assessments under the management regulations cannot be controlled by other means, and are used to warn and/or instruct persons of risks and of any necessary control measures.

The principal effect of the regulations is to lay down requirements and standards which must be complied with for nearly all safety signs within the university.

An explanation of such signs is available on the web.

The Noise at Work Regulations 1989
These regulations apply to all work places and require employers to perform assessments of noise levels, and to take appropriate preventive action, where noise is above certain levels. "Action levels" are specified, the first of which is a daily average personal noise exposure of 85dB(A). Under Regulation 4, if any employee is liable to be exposed to the first action level or above, then an assessment must be carried out in order to identify which employees are exposed; and where exposure is liable to be above the second action level of 90dB(A), to determine what needs to be done to comply with certain other of the regulations, ie
Regulation 7 - To reduce the exposure to noise of employees so far as is reasonable practicable, by means other than providing personal ear protectors.
Regulation 8 - To provide suitable ear protectors to keep the risk of damage to hearing below that arising from exposure to the second action level. Note: for exposure between the first and second action levels, employees must be provided, at their request, with suitable and efficient ear protectors.
Regulation 9 - To mark out (including use of appropriate signs) ear protection zones within which employees must wear personal ear protectors. So far as is reasonable practicable, the employer must ensure no employee enters the zone unless wearing ear protectors.
Regulation 5 - To keep an adequate record of the noise assessments, and of any reviews of them, until any subsequent noise assessment is made. Details of what should be recorded are given in the guidance to the regulations.
Irrespective or whether or not the action levels as defined above are exceeded, there is a general requirement under Regulation 6 to reduce the risk of damage to the hearing of employees from exposure to noise, to the lowest level reasonable practicable. This means that, even if noise levels are below 90dB(A), the employer should consider whether it is reasonable practicable to do more to control the noise level, perhaps in the long term. This is because there is some risk of hearing damage from exposure between the two action levels, and a residual though small risk below 85dB(A).
There is a further action level, known as the peak action level, which is defined as a peak sound pressure at or exceeding 200 pascals, which is only likely to apply when there are loud impact or explosive noises, such as from guns or cartridge operated tools.
The technical aspects of noise measurements and calculations are somewhat complicated, particularly as the scale of measurement is a logarithmic one, and the University Safety Office should always be consulted for advice unless departmental staff are expert in the field.

The Control of Asbestos at Work Regulations 1987 and the 1992 Amendment Regulations
These regulations tightly control the measures which must be taken before any work with asbestos is started, which include a thorough assessment and a plan of work, and precautions to be taken whilst work is being carried out. Within UMIST all save the most trivial work with asbestos is organised by Estates Department, in most cases using licensed contractors. Departments must never undertake any work themselves involving asbestos without first consulting the Safety Office.
It should be noted that the South Building does NOT contain asbestos building materials, such as ceiling tiles, but the annex does and details are contained in surveys held by the Estates Department. Asbestos and its products are also to be found in some older pieces of electrical equipment (e.g. ovens), where it was used for its heat-resistant properties.
In general, Departments should avoid the use of any products or equipment which contain asbestos, but if any such use is contemplated the Safety Office should be contacted for advice. The Asbestos (Prohibitions) Regulations 1992 impose restrictions which must be observed.

The Radioactive Substances Act 1993
This requires registration under the following sections;
Sections 6 and 7 - The maximum quantities of individual isotopes to be kept, or used, on the premises (the whole University) at any one time is limited. Thus the University Radiological Protection Officer (URPO) must keep an accurate log of isotopes ordered for users in the University.
Sections 13 and 14 - The accumulation and disposal of radioactive waste. There are disposal limits (based on monthly figures) above which the University will have committed a criminal offence. This is why the URPO requires registered workers to be responsible for individual consignments of radioactive materials and to keep accurate disposal records (track records) which must be returned to him every month until the individual consignment is used up. The University has a limited authorisation to accumulate radioactive waste, thus disposal should be completed as soon as possible after use.
Thus there are legal requirements which mean the University must impose a rigid management upon the use of radioisotopes across the campus.

The Ionising Radiations Regulations 1999
These require the University and Department to control the use of ionising radiation (unsealed isotopes, or radiochemicals, and X-ray producing equipment). A principle aim of the Regulations is to ensure that radiation exposure is kept as low as reasonably achievable (ALARA).
Regulation 7 requires the assessment of risk for any new work performed. Our generic assessment on radiation use and the local rules supplied to registered workers are likely to cover the lab-scale use of radioisotopes encountered in biological applications.
Regulation 8 requires us to take all necessary steps to restrict, so far as is reasonably practicable, the extent to which any person is exposed to ionising radiation. For using unsealed sources this includes the provision and use of containment systems (e.g. trays), remote handling devices (e.g. pipettors), shielding (e.g. perspex) and the design of work areas to make them easy to decontaminate in the event of spillage. For X-ray sources this includes restricting access, ensuring interlocks function and locking-off arrangements are in place and warning devices are functional and fail-safe.
Regulation 10 requires that any engineering facility (e.g. fume cupboard or electromechanical interlock) or specific item of personal protective equipment is examined and maintained at suitable intervals.
Regulation 11 requires us to ensure that people are not exposed to an extent that any specified dose limit is exceeded in any calendar year. The University supplies dose-monitoring equipment (such as film badges and finger monitors) to workers using X-rays and ³²P.
Regulation 14. We must provide appropriate training in the field of radiation protection and give such information and instruction as is suitable and sufficient for workers to know (i) the risks to health created by exposure to ionising radiation (ii) the precautions which should be taken; and (iii) the importance of complying with the medical, technical and administrative requirements of these Regulations. Apart from the information contained in the generic assessment, individual supervisors must ensure that those they supervise are adequately trained, informed and instructed (refer also to Regulation 17).
Regulation 16 addresses the designation of 'controlled' or 'supervised' areas. The University Radiation Protection Officer (URPO) will decree such areas. In the Department any laboratory using unsealed radioactive sources or X-rays is deemed to be a 'designated' area. Lab SB 0.56 is a 'controlled' area.
Regulation 17. In respect of any 'controlled' or 'supervised' area, the University must make appropriate local rules in that area. The URPO authors such rules. These identify the key working instructions intended to restrict any exposure in that area. The details are appropriate to the nature and degree of risk of exposure to ionising radiation. The Department must ensure the rules are brought to the attention of our workers and are observed by them. To help ensure this we appoint a suitably experienced radiation protection supervisor (RPS).
Regulation 18. In any supervised area we must provide suitable and sufficient signs giving warning of the status of the supervised area, indicating the nature of the radiation sources and the risks arising from such sources. The arrangements in labs must include the provision of suitable and sufficient washing facilities for persons who enter or leave the area.
Regulation 19. We must ensure that supervised areas are adequately monitored, having regard to the nature and extent of the risks resulting from exposure to ionising radiation, and that working conditions in those areas are kept under review. We must ensure that the monitoring equipment is properly maintained and tested at appropriate intervals. Suitable records of the results of monitoring and of the tests must be made and kept for at least 2 years from the respective dates on which they were made.
Regulation 25. Where we suspect, or have been informed, that someone is likely to have received an overexposure as a result of work carried out here we must make an immediate investigation to determine whether there are circumstances which show beyond reasonable doubt that no overexposure has occurred. If we cannot determine this then we must notify the Health and Safety Executive and the Medical Centre. We must then take reasonable steps to notify the suspected overexposure to the person affected.
Regulation 28. For the purpose of controlling our use of radioactive substances we must take appropriate steps to account for, and keep records of, the quantity and location of those substances. We must keep those records for at least 2 years from the date on which they were made and, in addition, for at least 2 years from the date of disposal of that radioactive substance. The 'track records' issued (by the URPO) with every delivery of radiochemical make individual workers responsible for the isotope, and provide a means for recording usage and disposal. These 'track records' are returned monthly.
Regulation 30. In the event of; significant contamination resulting from a spillage or a release into the atmosphere of a gas, aerosol or dust or a significant quantity being lost or stolen we must notify the Health and Safety Executive and make an immediate investigation.
Regulation 33. No person shall intentionally or recklessly misuse or without reasonable excuse interfere with any radioactive substance or any electrical equipment to which these Regulations apply.

The Environmental Protection Act 1990
This is a wide-ranging piece of environmental legislation. In our situation it deals with "controlled waste", defined as household waste (e.g. from residential accommodation - including the University residences), industrial waste (from factories and, by inference, laboratories and workshops) and commercial waste (from offices and catering outlets). (Section 75 of the EPA does, in fact, allow waste from a university to be classified as "domestic". However, because we place great emphasis on the training of people in best practice, we will revert to the former definition of controlled waste.)
Section 33 - To prohibit the unauthorised treatment, deposition or keeping of controlled waste on land, or to knowingly permit such an act.
Section 34 - To impose a "duty of care" on anyone who produces, keeps, treats or disposes of controlled waste. The University has set up the Contaminated and Hazardous Waste Service to manage hazardous and "difficult" waste and this "duty of care" is explained on the web pages there. A summary of the Act can be seen from HMSO.

The Special Waste Regulations 1996

The University Contaminated and Hazardous Waste Service has produced guidance on hazardous waste and there is a section on identifying Special waste.

Regulation 2 defines Special waste as any controlled waste (refer to the EPA in the last section above);

To which a six-digit code is assigned in the list (the Hazardous Waste List) set out in Part 1 of Schedule 2 (seven and a bit sides of A4 paper) or
Which displays any of the 15 properties specified in Part II of that Schedule.

Regulations 5 to 14 provide the standard procedure for prenotifying (to the Environment Agency) the intention to move (consign) special waste from any premises where it is held.

Regulation 15 stipulates that a copy of the consignment documentation must be retained for a period of 3 years from the date it was moved.
The University Contaminated and Hazardous Waste Service will manage any Special waste from the University.

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Health and Safety Legislation affecting work in the Department

Principal Health and Safety legislation affecting Department personnel

Health and Safety at Work etc. Act 1974