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

Health surveillance, records and effects.

141

141. (1) Without prejudice to section 22 of the Act, an employer shall ensure that appropriate health surveillance is made available to those employees for whom a risk assessment referred to in Regulation 136 reveals a risk to their health, including employees exposed to mechanical vibration in excess of an exposure action value.

(2) The purpose of health surveillance referred to in this Regulation is to prevent or diagnose rapidly any disorder linked with exposure to mechanical vibration, and shall be regarded as being appropriate, when—

(a) the exposure of an employee to mechanical vibration is such that an identifiable illness or adverse health effect may be related to the exposure,

(b) there is a reasonable likelihood that the illness or effect may occur under the particular conditions of his or her work, and

(c) there are valid low risk tested techniques available to the employee for detecting indications of the illness or the effect.

(3) An employer shall ensure that—

(a) the results of health surveillance carried out in compliance with section 22 of the Act are taken into account in the application of preventive measures at a particular place of work,

(b) 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,

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

(d) on request, an employee is allowed access to his or her personal health record,

(e) the Authority is provided with copies of such health records as it may require, and

(f) if the employer ceases to trade, the Authority is notified forthwith in writing and all health records kept by the employer in accordance with this Regulation are made available to the Authority.

(4) A registered medical practitioner under whose responsibility an employee receives health surveillance under this Regulation shall—

(a) keep an individual confidential medical record containing the results of the health surveillance and, where appropriate, medical examination carried out,

(b) ensure that such record or a copy thereof is kept in a suitable form for an appropriate time from the date of the last entry made in it,

(c) propose any protective or preventive measures necessary in respect of any individual employee,

(d) give access to an employee, upon request by that employee, to his or her own health surveillance records, and

(e) allow access to individual confidential medical records to a person who is designated under section 63(1) of the Act.

(5) Where, arising from health surveillance in accordance with this Regulation, an employee is found to have an identifiable illness or adverse health effect which, in the opinion of a registered medical practitioner, is the result of exposure at work to mechanical vibration the registered medical practitioner shall inform—

(a) the employee of the opinion and the reasons for that opinion, and

(b) the employer of the opinion but not of the reasons.

(6) In informing an employee as set out in paragraph (5), the registered medical practitioner must include information and advice regarding the health surveillance which the employee should undergo following the end of the exposure.

(7) An employer shall, where as a result of health surveillance in accordance with this Regulation, an employee is found to have an identifiable illness or adverse health effect which, in the opinion of a registered medical practitioner, is the result of exposure at work to mechanical vibration—

(a) review the risk assessment made under Regulation 136,

(b) review the measures provided to eliminate or reduce the risk under Regulations 137 and 138,

(c) take account of the advice of the registered medical practitioner or a relevant competent person, or an inspector, in implementing any measures required to eliminate or reduce risk in accordance with Regulations 137 and 138, including the possibility of assigning the affected employee to alternative work where there is no risk of further exposure,

(d) arrange continued health surveillance and provide for a review of the health status of any employee who has been similarly exposed, and

(e) take account of the recommendations of the registered medical practitioner or a relevant competent person regarding further medical examination.

(8) F10 [ ]

Annotations

Amendments:

F10

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