| 1)
Where it is appropriate for the protection of the health of his employees who
are, or are liable to be exposed to a substance hazardous to health, the employer
shall ensure that such employees are under suitable health surveillance.
|
| 2)
Health surveillance shall be treated as being appropriate where - |
| a)
the employee is exposed to one of the substances specified in column 1 of Schedule
5 and is engaged in a process specified in column 2 of that Schedule, unless that
exposure is not significant; or |
| b)
the exposure of the employee to a substance hazardous to health is such that an
identifiable disease or adverse health effect may be related to the exposure,
there is reasonable likelihood that the disease or effect may occur under the
particular conditions of his work and there are valid techniques for detecting
indications of the disease or the effect. |
| 3)
The employer shall ensure that a health record, containing particulars approved
by the Executive, in respect of each of his employees to whom paragraph 1) relates
is made and maintained and that record or copy thereof is kept in a suitable form
for at least 40 years from the date of the last entry made in it. |
| 4)
Where an employer who holds records in accordance with paragraph 3) ceases to
trade, he shall forthwith notify the Executive thereof in writing and offer those
records to the Executive. |
| 5)
If an employee is exposed to a substance specified in Schedule 5 and is engaged
in a process specified therein, the health surveillance required under paragraph
1) shall include medical surveillance under the supervision of an employment medical
adviser or appointed doctor at intervals of not more than 12 months or at such
shorter intervals as the employment medical advisor or appointed doctor may require. |
| 6)
Where an employee is subject to medical surveillance in accordance with paragraph
5) and an employment medical advisor or appointed doctor has certified by an entry
in the health record of that employee that in his professional opinion that employee
should not engage in work which exposes him to that substance or that he should
only be engaged under conditions specified in the record, the employer shall not
permit the employee to be engaged in such work except in accordance with the conditions,
if any, specified in the health record, unless that entry has been cancelled by
an appointment medical advisor or appointed doctor. |
| 7)
Where an employee is subject to medical surveillance in accordance with paragraph
5) and an employment medical adviser or appointed person has certified by an entry
in his health record that medical surveillance should be continued after his exposure
to that substance has ceased, the employer shall ensure that the medical surveillance
of that employee is continued in accordance with that entry while he is employed
by the employer, unless that entry has been cancelled by an employment medical
advisor or appointed doctor. |
| 8)
On reasonable notice being given, the employer shall allow any of his employees
access to the health surveillance record which relates to him. |
| 9)
An employee to whom this regulation applies shall, when required by his employer
and at the cost of the employer, present himself during working hours for such
health surveillance procedures as may be required for the purposes of paragraph
1) and, in the case of an employee who is subject to medical surveillance in accordance
with paragraph 5), shall furnish the employment medical advisor or appointed doctor
with such information concerning his health as the employment medical advisor
or appointed doctor may reasonably require. |
| 10)
Where, for the purpose of carrying out his functions under these Regulations,
an employment medical adviser or appointed doctor requires to inspect any workplace
or any record kept for the purposes of these Regulations, the employer shall permit
him to do so. |
| 11)
Where an employee or an employer is aggrieved by a decision recorded in the health
record by an employment medical adviser or appointed doctor to suspend an employee
from work which exposes him to substances hazardous to health (or to impose conditions
on such work), he may, by an application in writing to the Executive within 28
days of the date on which he was notified of the decision, apply for that decision
to be reviewed in accordance with a procedure approved for the purposes of this
paragraph by the Health and Safety Commission, and the result of that review shall
be notified to the employee and employer and entered in the health surveillance
record in accordance with the approved procedure. |
| 12)
In this regulation - |
"appointed
doctor" means a registered medical practitioner who is appointed for the
time being in writing by the Executive for the purposes of this regulation; |
"employment
medical adviser" means an employment medical advisor appointed under section
56 of the 1974 Act; |
"health
surveillance" includes biological monitoring. |
| |
| Section
Index |