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

Health surveillance U.K.

12.—(1) This regulation does not apply where the results of the regulation 6(2) assessment reveal only a slight risk to the health and safety of workers and the measures taken in accordance with regulation 7 are sufficient to reduce that risk.

(2) The employer shall ensure that there are arrangements whereby workers for whom a regulation 6(2) assessment reveals a risk to health and safety are kept under appropriate health surveillance.

(3) For the purpose of paragraph (2) health surveillance is appropriate for a worker where —

(a) the exposure of the worker to a hazardous chemical agent is such that an identifiable disease or adverse health effect may be related to the exposure;

(b) there is a likelihood that the disease or the adverse health effect may occur under the particular conditions of the worker's work; and

(c) the technique of investigation is of low risk to workers.

(4) The employer shall ensure that valid techniques for detecting indications of the disease or the adverse health effect referred to in paragraph (3)(a) are available in respect of any chemical agent to which a worker may be exposed on a ship.

(5) Where a binding biological limit value has been established in respect of a hazardous chemical agent the employer shall not permit a person to work with that agent unless that person is the subject of health surveillance that accords with [F1 Annex 2 of Merchant Shipping Notice 1888 (M+F)].

(6) The employer shall inform workers of the requirement in paragraph (5) before they are assigned a task involving risk of exposure to the chemical agent in question.

(7) In cases where health surveillance is carried out, the employer shall ensure that individual health and exposure records are made and kept up to date.

(8) The employer shall ensure that every health and exposure record contains a summary of the results of health surveillance carried out and of any monitoring data representative of the exposure of the worker.

(9) Biological monitoring and related requirements may form part of health surveillance.

(10) The employer shall keep all health and exposure records in a form suitable for consultation at a later date, taking into account any requirements of confidentiality.

(11) The employer shall provide each worker on request with access to health and exposure records which concern that worker.

(12) The employer shall supply copies of health and exposure records to the Secretary of State on request.

(13) An employer who ceases to trade shall supply the health and exposure records of that employer's workers to the Secretary of State.

(14) Paragraphs (15) and (16) apply where, as a result of health surveillance—

(a) a worker is found to have an identifiable disease or adverse effect which is considered by a doctor or occupational health-care professional to be the result of exposure at work to a hazardous chemical agent; or

(b) a binding biological limit value in respect of a hazardous chemical agent is found to have been exceeded.

(15) The doctor or other suitably qualified person responsible for the carrying out of a worker's health surveillance shall inform that worker of the result of that health surveillance and provide the worker with information and advice as to health surveillance following the end of exposure.

(16) The employer shall —

(a) review the regulation 6(2) assessment;

(b) review the measures provided under regulations 7 and 8 to eliminate or reduce risks;

(c) take into account advice provided by a health-care professional or other suitably qualified person or the Secretary of State in implementing measures required to eliminate or reduce risk in accordance with regulation 8;

(d) consider the possibility of assigning the worker to alternative work; and

(e) arrange continued health surveillance and provide for a review of the health status of any other worker who has been similarly exposed.

Textual Amendments

F1 Words in reg. 12(5) substituted (31.12.2020) by The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1202), regs. 1(2), 9(7); 2020 c. 1, Sch. 5 para. 1(1)