The regulations are applicable to every employer or self-employed person at a workplace where exposure to a hazardous biological agent (i.e. Covid-19) may occur.

Overall, the regulations place a number of legal duties on the employer which include amongst other things the duty to:

• > Provide information, training and instruction to its employees on the risks of the HBA and the precautions to be taken;
• > Ensure that a risk assessment is conducted and documented by a competent person;
• > Develop an action plan for the implementation of the recommendations identified in the risk assessment and to inform all employees, the relevant health and safety representative and health and safety committee of the results of the risk assessment, and invite comments on such results;
• > Establish and maintain an exposure monitoring program;
• > Establish and maintain a documented system of medical surveillance that is overseen by an occupational health practitioner;
• > Keep records, including the retention of a risk assessment for a minimum period of 40 years; and
• > Prevent and control the exposure to the HBA in the workplace, which includes, where reasonably practicable, making available effective vaccines for those employees who are not immune to the biological agent to which they are exposed or could be exposed.

Any person who contravenes or fails to comply with these obligations will be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding 12 months.