"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

Acrylonitrile

Occupational and medical history
Demographic data
Records of personal exposure

Arsenic (inorganic)

Demographic, medical and occupational history
Exposure record
Physical examination with emphasis on the peripheral nervous system and skin
Urinary inorganic arsenic

Asbestos

Occupational and demographic data
Medical interview
Records of personal exposure

Benzene

Occupational and medical history
Demographic data
Exposure record
Baseline blood sample for haematological profile

Cadmium

Demographic, medical and occupational history
Exposure record
Physical examination with emphasis on the respiratory system
Standard respiratory questionnaire to be completed
Standard respiratory function tests including for example, FEV1, FVC and FEV1/FVC
Urinary cadmium and B2-microglobulin

Chromium (inorganic)

Demographic, occupational and medical history
Physical examination with emphasis on the respiratory system and skin
Weekly skin inspection of hands and forearms by a competent person

Creosote

Demographic, occupational and medical history
Health advice, including recognition of photosensitivity and skin changes
Physical examination with emphasis on the neurological system and skin, noting any abnormal lesions and evidence of skin sensitisation
Exposure record, including photosensitivity

Crystalline Silica

Completion of a standardised respiratory questionnaire
Standard respiratory function test, such as FEV1, FVC and FEV1/FVC
Chest X-ray, full size PA view

Isocyanates

Occupational and medical history
Completion of a standardised respiratory questionnaire
Physical examination of the respiratory system and skin
Standard respiratory function test, such as FEV1, FVC and FEV1/FVC

Lead (inorganic)

Medical and occupational history
Physical examination

Mercury (inorganic)

Demographic, medical and occupational history
Physical examination with emphasis on dermatological, gastrointestinal, neurological and renal systems
Urinary inorganic mercury

MOCA (4,4-Methylenebis (2-chloroaniline))

Urinary total MOCA
Dipstick analysis of urine for haematuria
Urine cytology

Organophosphate pesticides

Occupational and medical history
Physical examination
Baseline estimation of red cell and plasma cholinesterase activity levels by the Ellman or equivalent method
Estimation of red cell and plasma cholinesterase activity towards the end of the working day

Pentachlorophenol (PCP)

Demographic, occupational and medical history
Physical examination with emphasis on the skin, noting any abnormal lesions or effects of irritancy
Urinary total pentachlorophenol
Dipstick urinalysis for haematuria and proteinuria
Records of personal exposure

Polycyclic aromatic hydrocarbons

Exposure record, including photochemical skin burns
Demographic, medical and occupational history
Physical examination

Thallium

Demographic, medical and occupational history
Physical examination
Urinary thallium

Vinyl Chloride

Occupational and demographic data
Record of personal exposure

 

contact us