S.L. 646.20 Art. 10Health surveillance.

(1) Without prejudice to each worker’s right, if the worker so wishes, to receive health surveillance at regular intervals, an employer shall make arrangements for carrying out appropriate health surveillance of workers for whom the results of the assessment referred to in regulation 4 reveal a risk to health, and such health records shall be made available to the Authority.

(2) A worker whose exposure exceeds the upper exposure action values shall have the right to have the hearing checked by a doctor or by another suitably competent person under the responsibility of a doctor. Preventive audiometric testing shall also be available for workers whose exposure exceeds the lower exposure action values, where the assessment and measurement provided for in regulation 4 indicate a risk to health. The objectives of these checks are to provide early diagnosis of any loss of hearing due to noise, and to preserve the hearing function.

(3) An employer shall ensure that for each worker who undergoes health surveillance in accordance with subregulation (1), individual health records are made and kept up-to-date.

(4) (a) Health records shall contain a summary of the results of the health surveillance carried out, and shall be kept in a suitable form so as to permit any consultation in a confidential manner at a later date.

(b) Copies of the appropriate records shall be supplied to the Authority on request; the individual worker shall, at his request, have access to the health records relating to him personally.

(5) Where, as a result of surveillance of the hearing function, a worker is found to have an identifiable hearing damage, a doctor or a specialist if the doctor considers it necessary, shall assess whether the damage is likely to be the result of exposure to noise at work. If this is the case:

(a) the worker shall be informed by the doctor or other suitably competent person of the result which relates to him personally;

(b) the employer shall:

(i) review the risk assessment carried out pursuant to regulation 4,

(ii) review the measures provided for to eliminate or reduce risks pursuant to regulations 5 and 6,

(iii) take into account the advice of the competent person or the Authority in implementing any measures required to eliminate or reduce risk in accordance with regulations 5 and 6, including the possibility of assigning the worker to alternative work where there is no risk of further exposure, and

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