Where a biological agent has not been assigned a classification as contemplated in subregulation (1), the employer or self-employed person must provisionally classify that biological agent in accordance with subregulation (3), having regard to the nature of the biological agent and the properties of which he or she may reasonably be expected to be aware and must without delay notify the chief inspector of the provisional classification and the reason therefor. The chief inspector may make a decision based on the recommendation of the HBAs technical committee.