"Occupational health in the workplace is the responsibility of everyone". This is not a new concept, but the recent and consistent tightening of the law in this area means that managers and particularly directors of businesses need to clearly understand their roles and responsibilities to employees in the workplace.
Occupational Health and Safety Regulation 2001
Section 165 Employer to provide health surveillance
(1) An employer must provide health surveillance for each employee who is exposed to a hazardous substance if there is a risk to the health of the employee as a result of that exposure, and:
(a) the hazardous substance is referred to in Column 1 of the Table to this clause, or
(b) the exposure to any other hazardous substance is such that:
(i) an identifiable disease or other effect on health may be related to the exposure, and
(ii) there is a reasonable likelihood that the disease or other effect on health may occur under the particular conditions of work, and
(iii) there is available an effective technique for detecting indications of the disease or other effect on health.
An employer is not required to provide health surveillance within the period of 12 months after commencement of this clause in the case of exposure of an employee to benzene, chromium (inorganic), creosote or pentachlorophenol (PCP).
(2) An employer must provide biological monitoring for an employee if there is a reasonable likelihood that the employee could be exposed to levels of a hazardous substance that could be a risk to health and an effective procedure for the biological monitoring of those levels is available.
(3) The employer must ensure that:
(a) the health surveillance is performed under the supervision of an authorised medical practitioner, and
(b) if there is a significant risk to the health of an employee from a hazardous substance referred to in the Table to this clause, the health surveillance includes the carrying out of the procedures specified in Column 2 of the Table in relation to that substance.
(4) The selection of the authorised medical practitioner to supervise the surveillance must be undertaken by the employer after consultation with the relevant employees.
(5) The health surveillance must be undertaken at the expense of the employer.
Maximum penalty: Level 4.
Hazardous substance |
Type of health surveillance |
Occupational and medical history |
|
Demographic, medical and occupational history |
|
Occupational and demographic data |
|
Occupational and medical history |
|
Demographic, medical and occupational history |
|
Demographic, occupational and medical history |
|
Demographic, occupational and medical history |
|
Completion of a standardised respiratory questionnaire |
|
Occupational and medical history |
|
Medical and occupational history |
|
Demographic, medical and occupational history |
|
Urinary total MOCA |
|
Occupational and medical history |
|
Demographic, occupational and medical history |
|
Exposure record, including photochemical skin burns |
|
Demographic, medical and occupational history |
|
Occupational and demographic data |
