COSHH: Biological agents
Contents
Overview
Hazardous substances controlled under COSHH include biological agents.
Biological agents include bacteria, parasites, viruses, cell cultures and other microorganisms. They're classified into 4 groups according to their severity, the risk of infection, how easily and quickly they can pass from one person to another, and the availability of treatment.
Biological hazards don't just apply to hospitals and research laboratories. Employees who have contact with poor, vulnerable or unwell people, such as charity workers and residential home staff, are also at risk.
A COSHH: Risk assessment
A COSHH Risk assessment for biological agents is a legal requirement and is essential to protect workers and others from infection or harm.
Biological agents can pose serious risks to the health of employees should they be exposed to them during work activities. It can result in infections, allergies, or have toxic effects. Some may spread easily, survive in the environment, or cause severe or long-term illness.
The assessment helps you to identify which biological agents may be present, how workers could be exposed, and how likely and severe the effects could be. This process ensures that effective control measures – such as containment, personal protective equipment (PPE), safe handling procedures, and hygiene practices – can be put in place to reduce or eliminate the risks.
Legal responsibilities
Under COSHH, you and your employees have to obey certain rules when dealing with biological agents, including:
- Reporting accidents if the hazard has been released and exposed
- Displaying notices of what to do if an accident or incident occurs
- Providing free vaccinations to those at risk
- Identifying particularly susceptible employees, such as those with a suppressed immune system
- Examining and maintaining PPE to prevent biological agents from being spread through the equipment
- Giving written information on handling certain agents
- Keeping lists of employees exposed to certain agents — possibly for up to 40 years after the last known exposure
- Notifying the Health and Safety Executives (HSE, or HSENI in Northern Ireland) if you intend to use or store certain agents for the first time, or notifying them if there will be changes made
You must also identify:
- How contaminated waste is collected and disposed of
- Hygiene standards
- Measures for:
- Decontamination and disinfection
- Safe storage
- Containment — showers, restricted access areas and specific disinfection
If control measures fail
You must under RIDDOR report any accident or incident at work that results in (or could have resulted in) a worker being exposed to a biological agent that could cause severe human infection or disease.
You would also under RIDDOR need to report if a worker is diagnosed with a disease that is attributable to occupational exposure to a biological agent.
You, as the employer, the person in control of the premises, or the self-employed person whose work activities the incident relates to, are the responsible person and have the obligation to report the incident to the Health and Safety Executive (HSE) or the relevant local authority.
Remember, even if an incident is not reportable under RIDDOR, all exposure events must still be recorded and investigated internally under COSHH. This ensures corrective measures are taken to prevent recurrence.
Monitoring health effects
A health check is appropriate in all cases of exposure unless it's controlled so that there is no reasonable likelihood of an identifiable disease or any adverse health effects.
What is the law guide
The Desktop Lawyer law guide aims to present the law to you in a comprehensive yet jargon-free and easy-to-read format. Our law guide is constantly kept up to date with changes in business and family law by our team of in house solicitors, and includes information across all the legal jurisdictions in the UK.
Our law guide is free to use. Where we provide documents related to this area of law, or where they may help you with any legal issue in this area, they will be listed to the right of this message.