Foreseeable exposure
9.—(1) This regulation applies to activities (“relevant activities”), such as maintenance, in respect of which—
(a)it is foreseeable that there is potential for a significant increase in the exposure of workers; and
(b)all scope for further technical preventive measures for limiting exposure has been exhausted.
(2) The employer shall, subject to the following provisions of this regulation, determine the measures necessary to reduce the workers’ exposure to the minimum possible and to ensure their protection while they are engaged in relevant activities.
(3) Without prejudice to his responsibility, the employer shall consult the workers engaged in relevant activities in his undertaking or establishment, or both, before making a determination under paragraph (2).
(4) The employer shall in particular—
(a)ensure that the exposure of workers engaged in relevant activities is not permanent and is kept to the strict minimum of time necessary for each worker;
(b)provide workers engaged in relevant activities with protective clothing and individual respiratory equipment which they must be required to wear as long as the abnormal exposure persists; and
(c)take appropriate measures to ensure that the areas in which relevant activities take place are clearly demarcated and indicated or that unauthorised persons are prevented by other means from entering those areas.
(5) This regulation is without prejudice to the provisions of the Merchant Shipping and Fishing Vessels (Personal Protective Equipment) Regulations 1999(1).