Centre fined for HIV breach

The laboratory breached health and safety regulations

A research centre has been fined £20,000 for exposing the public to an 'unacceptable risk' from HIV.

The Imperial College of Science, based in Kensington, south west London, was prosecuted by the Health and Safety Executive (HSE) for flouting safety laws in a laboratory where scientists were growing HIV.

London's Blackfriars Crown Court heard that work continued at the laboratory at Chelsea and Westminster Hospital despite warnings that it was unsafe to continue the manufacture of the virus for research purposes.

The problem was that the laboratory could not be completely sealed.

There is never an acceptable risk if any virus escapes from a laboratory

Judge Charles Byers

This meant that there was a potential for the virus to escape and infect someone.

Judge Charles Byers, who imposed a similar fine on the college's safety advisers, said: "There is never an acceptable risk if any virus escapes from a laboratory and it is for that reason that these laboratories are highly controlled by a number of very sensible rules.

"But in this case it is plain that although there was an unacceptable risk of the public being affected by escape, it was not a high risk."

Admitted breach

Imperial College admitted breaching the Control of Substances Hazardous to Health Regulations betweenFebruary 1998 and March 1999.

Their safety advisers, Universal Safety Consultants Ltd, pleaded guilty to one breach of the Health and Safety at Work Act between September 1997 and June 1998.

The court heard that it had been Universal's responsibility to ensure that the laboratory met with the "strict criteria" necessary to enable the virus to be manufactured in complete safety.

However, work on the premises subsequently revealed that earlier "sealability" tests to ensure the virus could not escape if spilled had been inadequate.

The college was informed of the situation, but a "failure in communication" resulted in the work being allowed to continue.

James Ageros, prosecuting, said it was not suggested that had the virus escaped it would have been "borne on the wind down the Fulham Road."

But pointing out the virus could survive in the open in moist conditions he said: "If there had been a spillage and if, for instance, some of the virus had been air-borne into the riser cupboard there is a possibility that a workman there may have come into contact with it."

Defence barristers for both Imperial College and Universal said their clients apologised for what had occurred.