Prospective
10.—(1) Where the risk assessment indicates that–
(a)it is requisite for ensuring the maintenance of adequate control of the exposure of employees to substances hazardous to health; or
(b)it is otherwise requisite for protecting the health of employees,
the employer shall ensure that the exposure of employees to substances hazardous to health is monitored in accordance with a suitable procedure.
(2) Paragraph (1) shall not apply where the employer is able to demonstrate by another method of evaluation that the requirements of regulation 7(1) have been complied with.
(3) The monitoring referred to in paragraph (1) shall take place–
(a)at regular intervals; and
(b)when any change occurs which may affect that exposure.
(4) Where a substance or process is specified in Column 1 of Schedule 5, monitoring shall be carried out at least at the frequency specified in the corresponding entry in Column 2 of that Schedule.
(5) The employer shall ensure that a suitable record of monitoring carried out for the purpose of this regulation is made and maintained and that that record or a suitable summary thereof is kept available–
(a)where the record is representative of the personal exposures of identifiable employees, for at least 40 years; or
(b)in any other case, for at least five years,
from the date of the last entry made in it.
(6) Where an employee is required by regulation 11 to be under health surveillance, an individual record of any monitoring carried out in accordance with this regulation shall be made, maintained and kept in respect of that employee.
(7) The employer shall–
(a)on reasonable notice being given, allow an employee access to his personal monitoring record;
(b)provide the Executive with copies of such monitoring records as the Executive may require; and
(c)if he ceases to trade, notify forthwith the Executive thereof in writing and make available to the Executive all monitoring records kept by him.
Commencement Information
I1Reg. 10 in operation at 28.2.2003, see reg. 1