The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Asbestos) Regulations 2010

Health records and medical surveillance U.K.

17.—(1) The employer must ensure that—

(a) a health record is maintained, containing particulars of the matters set out in paragraph (2), for each worker who is exposed to asbestos, and

(b) the health record, or a copy of it, is kept available in a suitable form for at least 40 years from the date of the last entry made in it.

(2) The health record must, as a minimum, contain the following information about the worker—

(a) the full name, sex, date of birth, permanent address and National Insurance number,

(b) where relevant, the types of work carried out with asbestos, its location, start and end dates, information relating to the average duration of exposure to asbestos and the personal protective equipment used,

(c) information, where available, on any previous work undertaken with asbestos, and

(d) dates of medical examinations and assessments carried out pursuant to these Regulations.

(3) The employer must ensure that each worker who is to undertake activities in which that worker is exposed to asbestos is under adequate health surveillance by a doctor or other medical authority.

(4) The health surveillance required by paragraph (3) must—

(a) include an assessment of the worker's state of health, including a specific examination of the chest,

(b) be undertaken, subject to paragraph (5), not more than 3 years prior to the beginning of the worker's exposure or risk of exposure to asbestos at the place of work,

(c) be undertaken at least once every three years for as long as the worker's exposure or risk of exposure to asbestos continues, and

(d) have regard to the practical recommendations for the clinical assessment of workers contained in the Schedule to these Regulations.

(5) If the employer knows, or ought reasonably to know, that a worker has been, or has been at risk of being, exposed to asbestos before the coming into force of these Regulations—

(a) if the worker informs the employer of a previous health assessment which included a specific chest examination, the employer must ensure that the outcome of that health assessment, if available, is reviewed by a doctor or other medical authority immediately after the coming into force of these Regulations, and

(b) if the worker's state of health has not previously been assessed, including a specific chest examination, or if the results of a previous health assessment referred to in sub-paragraph (a) are not available, the employer must ensure that such an assessment, including a specific chest examination, is undertaken immediately on the coming into force of these Regulations.

(6) Where a worker is assessed in accordance with paragraph (4) or (5)(b), or a health assessment is reviewed in accordance with paragraph (5)(a), the doctor or other medical authority must issue a certificate to the employer and the worker stating—

(a) that the worker has been so assessed or the previous health assessment has been reviewed, as the case may be, and

(b) the date of the health assessment or review,

and the employer must keep that certificate or a copy of it for at least four years from the date on which it was issued.

(7) The employer must ensure so far as is reasonably practicable that the doctor or other medical authority referred to in paragraph (6) who carries out a health assessment or review advises on or determines any individual protective or preventive measures to be taken including, where appropriate—

(a) the withdrawal of the worker concerned from all exposure to asbestos, and

(b) the continuation of health surveillance after the end of exposure.

(8) The employer must ensure that a worker is given information and advice regarding any health assessment which that worker may undergo following the end of exposure.

(9) If the doctor or other medical authority responsible for the health surveillance of a worker indicates that health surveillance must continue after the end of the worker's exposure, that continuing surveillance must be carried out for as long as the doctor or other medical authority considers necessary to safeguard the health of the person concerned.

(10) The employer must—

(a) on reasonable notice being given, allow a worker access to that worker's health record referred to in paragraph (1),

(b) provide the Secretary of State with copies of such health records as the Secretary of State may require, and

(c) on ceasing to trade, notify the Secretary of State immediately in writing and make available to the Secretary of State all health records kept in accordance with this regulation.

(11) The doctor or other medical authority responsible for the health surveillance of workers under this regulation must, on reasonable request by a worker or employer for a review of the results of health surveillance, undertake that review with a view to determining whether that health surveillance is adequate for the purposes of this regulation.

(12) In this regulation and regulation 18 “doctor or other medical authority” means a person who has suitable qualifications to undertake the requirements of these Regulations.