Introduction to Fire Safety Management

Summary of key legal requirements
373
Where the employer can demonstrate compliance 
with regulation 7 by another evaluation method, this 
requirement does not apply.
The monitoring must take place:
➤
At regular intervals
➤
When any changes occur which may affect that 
exposure
➤
As 
specifi ed in Schedule 5.
The employer must make and maintain a suitable record 
of any monitoring for:
➤
At least 40 years where the monitoring relates to the 
personal exposure of identifi able employees
➤
At least 5 years in any other case.
15.16.7 Health surveillance – regulation 11
Where it is appropriate for the protection of their employ-
ees who are liable to be exposed to a substance hazard-
ous to health, the employer must ensure employees are 
under health surveillance.
The circumstances where health surveillance would 
be deemed appropriate are:
➤
The employee is exposed to a substance as speci-
fi ed in Schedule 6 and there is a reasonable likeli-
hood that an identifi able disease or adverse health 
effect will result from that exposure
➤
The employee exposure is such that:
➤
An identifi able disease or adverse health effect 
may be related to the exposure or
➤
There is a reasonable likelihood that the disease 
or effect may occur under the particular condi-
tions of work and
➤
There are valid techniques for detecting indica-
tions of the disease or effect (these must be of 
low risk to the employee).
The employer must:
➤
Keep a health record for the surveillance contain-
ing particular details approved by HSE for at least 
40 years from the date of the last entry
➤
Allow the employee access to their personal health 
records
➤
Provide HSE with copies as required
➤
Notify HSE if they cease to trade and make the 
records available to them.
Where the employee is exposed to a substance as 
specifi ed in Schedule 6, the health surveillance should 
include medical surveillance under the supervision of a 
relevant doctor. This should be at intervals of not more 
than 12 months. Where a relevant doctor certifi es that 
an employee should either not be engaged in work 
which exposes them to a particular substance, or that 
medical surveillance should continue after exposure has 
ceased, the employer must ensure this.
Employees for whom health surveillance is 
necessary are required to present themselves for this 
and provide the relevant doctor with any necessary 
health information.
Where health surveillance reveals that an employee 
has an identifi able disease or adverse health effect which 
a relevant doctor considers to be the result of exposure 
to a substance hazardous to health, the employer is 
required to:
➤
Ensure that the employee is informed by a suitably 
qualifi ed person who provides them with information 
and advice regarding health surveillance
➤
Review their risk assessment
➤
Review any controls and preventive measures, tak-
ing account of any advice by a relevant doctor
➤
Consider assigning the employee to alternative work
➤
Provide for a review of any other employee’s 
health who has been similarly exposed where 
recommended.
A relevant doctor may, for the purposes of carrying out 
their function, inspect any workplace or relevant record 
and the employer must permit this.