Work in Compressed Air Regulations (Northern Ireland) 2004

Medical surveillance

10.—(1) Every employer shall ensure that each of his employees who works in compressed air is under adequate medical surveillance by an appointed doctor or employment medical adviser; and where an employee is to be assigned to work in compressed air, the medical surveillance shall be commenced before he is so assigned.

(2) The medical surveillance required by paragraph (1) shall include examinations at such suitable intervals as the appointed doctor or employment medical adviser may require having regard to the pressure to which the employee has been or will be subjected in the course of work in compressed air and, in any event, at intervals of not more than 12 months.

(3) The employer shall ensure that –

(a) a health record, containing particulars approved by the Executive, is made and maintained in respect of each of his employees who is engaged in work in compressed air;

(b) the record or a copy thereof is kept in a suitable form for at least 40 years from the date of the last entry made in it; and

(c) as soon as is reasonably practicable after an employee of his has ceased to work on any project, a copy of the relevant part or parts of the record made under sub-paragraph (a) is provided to that employee.

(4) Where an appointed doctor or an employment medical adviser has certified in the health record of any employee that, in the professional opinion of the appointed doctor or employment medical adviser, the employee should not be engaged in work in compressed air or that he should only be so engaged under conditions specified in the record, the employer shall not permit the employee to be engaged in work in compressed air except in accordance with the conditions, if any, specified in the health record unless that entry has been cancelled by an appointed doctor or employment medical adviser.

(5) Where an employee is subject to medical surveillance in accordance with paragraph (1) and an appointed doctor or employment medical adviser has certified by an entry in his health record that medical surveillance should be continued after his work in compressed air 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 appointed doctor or employment medical adviser.

(6) Every employee who is or who has been engaged in or who is to be assigned to work in compressed air shall –

(a) when required by his employer and at the cost of his employer, present himself during his working hours (or such other time as may be agreed by that employee) for such medical surveillance procedures as may be required for the purposes of this regulation; and

(b) furnish the appointed doctor or employment medical adviser with such information concerning his health as the appointed doctor or employment medical adviser may reasonably require.