S.L. 424.34 Art. 4Assessment of risks and determination of exposure. S.L. 424.18 Cap. 586. S.L. 424.18 S.L. 424.18

(1) The employer shall assess all risks for workers arising from electromagnetic fields at the workplace and, if necessary, measure or calculate the levels of electromagnetic fields to which workers are exposed. Without prejudice to regulation 12 of the General Provisions for Health and Safety at Work Places Regulations and regulation 6 of these regulations, that assessment can be made public on request in accordance with relevant Union and national laws and practice. In particular, in the case of processing the personal data of employees in the course of such an assessment, any publication shall comply with the Data Protection Act on the protection of individuals with regard to the processing of personal data and on the free movement of such data. Unless there is an overriding public interest in disclosure, public authorities that are in possession of a copy of the assessment may refuse a request for access to it or a request to make it public, where disclosure would undermine the protection of commercial interests of the employer, including those relating to intellectual property. Employers may refuse to disclose or make public the assessment under the same conditions in accordance with the relevant Union and national laws and practice.

(2) For the purpose of the assessment provided for in sub-regulation (1) the employer shall identify and assess electromagnetic fields at the workplace, taking into account the relevant practical guides made available by the Commission and other relevant standards or guidelines, including exposure databases. Notwithstanding the employer’s obligations under this regulation, the employer shall also be entitled, where relevant, to take into account the emission levels and other appropriate safety-related data provided, by the manufacturer or distributor, for the equipment, in accordance with relevant Union law, including an assessment of risks, if applicable to the exposure conditions at the workplace or place of installation.

(3) If compliance with the ELVs cannot be reliably determined on the basis of readily accessible information, the assessment of the exposure shall be carried out on the basis of measurements or calculations. In such a case, the assessment shall take into account uncertainties concerning the measurements or calculations, such as numerical errors, source modelling, phantom geometry and the electrical properties of tissues and materials, determined in accordance with relevant good practice.

(4) The assessment, measurement and calculations referred to in sub-regulations (1), (2) and (3) shall be planned and carried out by competent services or persons at suitable intervals, taking into account the guidance given under these regulations and taking particular account of regulations 9 and 13 of the General Provisions for Health and Safety at Work Places Regulations. The data obtained from the assessment, measurement or calculation of the level of exposure shall be preserved in a suitable traceable form so as to permit consultation at a later stage, in accordance with national law and practice.

(5) When carrying out the risk assessment, the employer shall give particular attention to the following:

(a) the health effects ELVs, the sensory effects ELVs and the ALs referred to in regulation 3 and Schedules II and III;

(b) the frequency, the level, duration and type of exposure, including the distribution over the worker’s body and over the volume of the workplace;

(c) any direct biophysical effects;

(d) any effects on the health and safety of workers at particular risk, in particular workers who wear active or passive implanted medical devices, such as cardiac pacemakers, workers with medical devices worn on the body, such as insulin pumps, and pregnant workers;

(e) any indirect effects;

(f) the existence of replacement equipment designed to reduce the level of exposure to electromagnetic fields;

(g) appropriate information obtained from the health surveillance referred to in regulation 8;

(h) information provided by the manufacturer of equipment;

(i) other relevant health and safety related information;

(j) multiple sources of exposure;

(k) simultaneous exposure to multiple frequency fields.

(6) In workplaces open to the public it is not necessary for the exposure assessment to be carried out if an evaluation has already been undertaken in accordance with the provisions on the limitation of exposure of the general public to electromagnetic fields, if the restrictions specified in those provisions are respected for workers and if the health and safety risks are excluded. Where equipment intended for the public use is used as intended and complies with Union law on products that establish stricter safety levels than those provided for by these regulations, and no other equipment is used, these conditions are deemed to be met.

(7) The employer shall be in possession of an assessment of the risks in accordance with regulation 10 of the General Provisions for Health and Safety at Work Places Regulations, and shall identify which measures must be taken in accordance with regulation 5 of these regulations. The risk assessment may include the reasons why the employer considers that the nature and the extent of the risks related to electromagnetic fields make a further detailed risk assessment unnecessary. The risk assessment shall be updated on a regular basis, particularly if there have been significant changes which could render it out of date, or if the results of the health surveillance referred to in regulation 8 show this to be necessary.