The law on infections at work

This page summarises the main health and safety laws for work with biological agents and preventing infection from them.

It includes information on legal requirements relevant to:

incidental exposure to infection due to the work environment or activity
deliberate planned work with biological agents, for example in clinical and research laboratories

You may find our introduction to biological hazards at work helpful. It provides details about:

what biological agents are
available guidance on how to protect workers

Specific legal provisions for biological agents

The main legislation relevant to controlling the workplace risks of exposure to biological agents is the Control of Substances Hazardous to Health Regulations (COSHH).

COSHH is made under the Health and Safety at Work Act which places a duty on employers to:

provide a safe place of work
protect the health and safety of both their workers and anyone who may be affected by their work activities, for example from risks associated with biological agents

Workers have a duty to co-operate with their employer in meeting these duties.

COSHH applies to both incidental exposure to biological agents during work activities or in environments and deliberate work with biological agents.

The general requirement of COSHH will apply to most workplaces and includes the need to:

carry out a risk assessment, and
prevent or adequately control exposure to hazardous substances

Incidental exposure to biological agents

COSHH applies when workers could be exposed incidentally to biological hazards during their work activity or due to the environment they work in.

Incidental exposure to biological agents can occur when an employee’s work activity brings them into contact with material which contains infectious agents, for example:

blood or body fluids
contaminated water
waste material or bedding/laundry
legionella from buildings

There is guidance on how the law should be applied in preventing exposure from incidental work with biological agents. This covers:

employers’ legal duties to protect their workers
specific industries and workplaces where exposure may occur

Deliberate planned work with biological agents

Deliberate use refers to any activity where biological agents are intentionally handled, propagated, processed, or manipulated as part of planned work activity, for example in clinical and research laboratories.

You can find detailed guidance on how the law applies to deliberate work with biological agents.

There are additional requirements for deliberate work with infectious agents. This includes legal requirements for notifying or licensing deliberate work with:

Schedule 3 of the COSHH Regulations provides detail on the notification and containment requirements for hazardous biological agents. It also references the Approved List of biological agents.

Reporting incidents of exposure

Under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR), employers must report:

all diseases when they are attributable to an occupational exposure to a biological agent
certain dangerous occurrences with biological agents

Dangerous occurrences

Dangerous occurrences are certain unintended, specified events which may not result in a reportable injury or infection, but have the potential to cause significant harm.

You must report any accident or incident which results, or could have resulted, in the release or escape of a biological agent likely to cause severe human infection or illness.

A severe human infection or illness is one caused by biological agents in hazard groups 3 and 4 as defined in Schedule 3 of the COSHH Regulations.

There is more information on requirements under RIDDOR in reporting exposure to carcinogens, mutagens and biological agents.

Making a RIDDOR report

You can find information on how to report under RIDDOR guidance.

Other related legislation

Employers also have health and safety responsibilities under other regulations that overlap with COSHH, including:

Other relevant government departments or bodies

Some government departments or bodies deal with risks from biological agents as part of their work: