ORDINANCE в„– 4
ON THE PROTECTION OF WORKERS FROM RISKS
RELATED TO EXPOSURE TO BIOLOGICAL AGENTS AT WORK
Issued by the Minister of Labour and Social Policy and the Minister of Health, promulgated - State Gazette No 105 of 8.11.2002, in force - from 9.02.2003
Article 1. This Ordinance lays down the minimum requirements for the protection of workers from existing or potential risks to the safety and health due to exposure to biological agents at the workplace.
Article 2. This Ordinance shall apply in all undertakings, places and activities as provided for in Article 2 of the Law on the Safety and Health at Work when the workers are or can be exposed to biological agents due to their work.
Article 3. (1) Biological agents shall be classified in four risk groups depending on the level of the risk of infection:
1. group 1 вЂ“ biological agents, for which it is unlikely to cause human disease;
2. group 2 - biological agents, which can cause human disease and might be a hazard for the workers but it is unlikely for them to spread in the society and usually there is effective prophylaxis or means for treatment available;
3. group 3 - biological agents, which can cause severe human disease and present a serious hazard for the workers, there is a possible risk for the spread of the disease in the society but usually there is effective prophylaxis or means for treatment available;
4. group 4 - biological agents, which can cause severe human disease and present a serious hazard for the workers, there is a high risk for the spread of the disease in the society and usually there is no effective prophylaxis or means for treatment available.
(2) Classified biological agents are listed in Annex в„– 1.
(3) In case a biological agent which must be assessed in not included in Annex в„– 1 and cannot be classified precisely in one of the enlisted in the Annex groups, it shall be classified in accordance with Article 1 on the basis of the highest risk group amongst the alternatives.
Article 4. (1) The risk shall be assessed in accordance with Ordinance в„– 5 of 1999 Рі. on the terms, procedure and the frequency of the carrying out of the risk assessment (SG, No. 47 of 1999).
(2) When performing the risk assessment the type, degree and duration of the exposure of workers to biological agents shall be determined compulsorily.
(3) For activities related to exposure to different groups biological agents the risk shall be assessed on the basis of the hazard presented by all biological agents.
(4) The assessment shall be reviewed periodically and in each case of change of the conditions having impact on the exposure of workers to biological agents.
(5) The employer shall undertake the necessary measures for elimination or reduction of risks in accordance with the results of the risk assessment.
(6) The employer must upon a request of the control authorities present the information used for carrying out the risk assessment.
Article 5. The risk assessment shall be carried out on the basis of the available information, including:
1. the classification of the biological agents, which present or could present hazard to the human health in conformity with article 3;
2. the information on the diseases, which could occur to the workers as a result of their work;
3. the possible allergic reactions and/or toxic impact as a result of the work of the workers;
4. the data on diseases, which are established for workers and directly linked to their work;
5. the normative acts on the control of the biological agents aiming protection of the health of the workers when they are or could be exposed to biological agents due to their work;
6. any other information, relevant for the risk assessment.
Article 6 (1) In case of work with biological agents of first group, including life attenuated vaccines, as well as in cases when the results of the assessment as referred to in Article 4 show that the exposure and/or the possible exposure is to a biological agent of first group and no health risk for the workers is established, the principles of occupational safety and hygiene shall apply.
(2) In cases when the results of the risk assessment show that the activities listed in Annex в„– 2 are not directly linked to biological agents, but the exposure of the workers [to biological agents] is possible, the provisions of Articles 7, 9, 12, 13, 14, 15, 16 shall apply.