S.L. 646.21 Art. 8Health surveillance.

(1)(a) 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.

(b) Health surveillance, the results of which are taken into account in the application of preventive measures at a specific workplace, shall be intended to prevent and diagnose rapidly any disorder linked with exposure to mechanical vibration. Such surveillance shall be appropriate where:

(i) the exposure of workers to vibration is such that a link can be established between that exposure and an identifiable illness or harmful effects on health,

(ii) it is probable that the illness or the effects occur in a worker’s particular working conditions, and

(iii) there exist medical examinations for the detection of the illness or the harmful effects on health;

(c) In any event, workers exposed to mechanical vibration in excess of the values stated in regulation 3(1)(b) and (2)(b) shall be entitled to appropriate health surveillance.

(2) 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.

(3) (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.

(4) Where, as a result of health surveillance, a worker is found to have an identifiable disease or adverse health effect which is considered by a doctor or other competent person to be the result of exposure to mechanical vibration at work: FROM RISKS RESULTING FROM EXPOSURE TO VIBRATION)

(a) the worker shall be informed by the doctor or other suitably competent person of the result which relates to him personally, and shall, in particular, receive information and advice regarding any health surveillance which he should undergo following the end of exposure;

(b) the employer shall be informed of any significant findings from the health surveillance, taking into account any medical confidentiality;

(c) 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 regulation 5,

(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 regulation 5, including the possibility of assigning the worker to alternative work where there is no risk of further exposure, and

(iv) arrange continued health surveillance and provide for a review of the health status of any other worker who has been similarly exposed. In such cases, the doctor or competent person or the Authority may propose that exposed persons undergo an adequate medical examination.