Safety, Health and Welfare at Work (General Application) Regulations 2007

Health surveillance, records and effects.

131

131. F9 [ (1) Without prejudice to section 22 of the Act, an employer shall

( a ) ensure that appropriate health surveillance is made available to those employees for whom a risk assessment referred to in Regulation 124 reveals a risk to their health, and

( b ) without prejudice to the generality of paragraph ( a )

(i) in the case of employees whose exposure exceeds an upper exposure action value, make available to them the services of a registered medical practitioner to carry out, or to have carried out on his or her responsibility, a hearing check, and

(ii) in the case of employees whose exposure exceeds a lower exposure action value, make available to them preventive audiometric testing. ]

(2) The purpose of hearing checks and audiometric tests referred to in paragraph (1) shall be to provide early diagnosis of any hearing loss due to noise and to assist in the preservation of hearing.

(3) An employer shall—

(a) ensure that—

(i) a health record in respect of each of the employer's employees who undergoes health surveillance in accordance with paragraph (1) is made and maintained and

(ii) the record or a copy of it is kept available in a suitable form so as to permit appropriate access at a later date, taking into account any confidentiality concerns,

(b) on request, allow an employee access to his or her personal health record,

(c) provide the Authority with copies of such health records as the Authority may require, and

(d) if the employer ceases to trade, notify the Authority forthwith in writing and make available to the Authority all health records kept by the employer in accordance with this Chapter.

(4) Where, as a result of surveillance of the hearing function in accordance with this Regulation, an employee is found to have identifiable hearing damage, the employer shall ensure that a registered medical practitioner assesses whether such damage is likely to be the result of exposure to noise at work and, if so established—

(a) every relevant employee shall be informed by the registered medical practitioner of the result which relates to the employee personally; and

(b) the employer shall—

(i) review the risk assessment carried out in accordance with Regulation 124,

(ii) review the measures provided to eliminate or reduce risks in accordance with Regulation 125,

(iii) take into account the advice of the registered medical practitioner or other suitably qualified person, or the Authority, in implementing any measures required to eliminate or reduce risk in accordance with Regulations 125 to 130, including the possibility of assigning the employee to alternative work where there is no risk of further exposure, and

(iv) arrange systematic health surveillance and provide for a review of the health status of any other employee who has been similarly exposed.

Annotations

Amendments:

F9

Substituted (12.11.2007) by Safety, Health and Welfare at Work (General Application) (Amendment) Regulations 2007 (S.I. No. 732 of 2007), reg. 2(g), in effect as per reg. 1(2).