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S.I. No. 251/1989 - European Communities (Protection of Workers) (Exposure To Chemical, Physical and Biological Agents) Regulations, 1989.
Table of Provisions (12)
Statutory Text (12 Articles)
1. A worker who is employed in work in which such worker is (or may be) exposed to an organic compound of lead, before the commencement of and during his exposure and at intervals of not more than 12 months thereafter during his exposure shall
(
a
) be given a health interview by the appointed doctor to establish the occupational and medical history of the worker;
(
b
) be given a full clinical examination by the appointed doctor, including an appropriate assessment of the functioning of those organ systems likely to be affected by exposure to organic compounds of lead;
(
c
) have arrangements made by the appointed doctor to have the level of lead in the worker's urine determined; and
(
d
) have arrangements made by the appointed doctor to have the level of lead in the worker's blood determined.
2. For the purpose of determining the level of organic compounds of lead in the urine or blood of the worker, samples of the urine or blood may be taken by the appointed doctor or by a person authorised by him to take those samples.
3. Where the level of lead in the blood of a worker is greater than 30 microgrammes per hundred millilitres of blood the level shall be reported to the Minister.
4. Where it is established that the level of lead in the urine of a particular worker is
(
a
) less than 15 microgrammes per litre of urine, a further determination shall be carried out within twelve months; or
(
b
) greater than 15 microgrammes but less than 50 microgrammes per litre of urine, a further determination shall be carried out within six months; or
(
c
) greater than 50 microgrammes but less than 100 microgrammes per litre of urine, a further determination shall be carried out within six weeks; or
(
d
) greater than 100 microgrammes but less than 110 microgrammes per litre of urine, a further determination shall be carried out within seven days; or
(
e
) greater than 110 microgrammes per litre of urine, the appointed doctor shall inform the employer that that worker is, for the time being, unfit for duties involving exposure to organic compounds of lead and the employer shall arrange for the immediate transfer of the worker to an area where he shall not be exposed to organic compounds of lead.
When a worker is declared unfit in accordance with paragraph 4 (
e
), the appointed doctor shall notify the Minister forthwith.
5. The worker so transferred under paragraph 4 (
e
) of this Schedule shall not be permitted to return to an area where he is likely to be exposed to organic compounds of lead until the level of lead in the urine of that worker is less than 110 microgrammes per litre or urine.
6. The appointed doctor shall give to any worker concerned the results of any tests carried out on that worker and explain to such worker the significance of such tests.
7. The appointed doctor shall certify that a worker is fit, fit within certain restrictions or unfit for work with organic compounds of lead.
SECOND SCHEDULE
Regulation 6
Arsenic and compounds
Cadmium and compounds
Mercury and compounds
Organic compounds of lead.
GIVEN under my Official Seal, this 5th day of October, 1989.
BERTIE AHERN,
Minister for Labour.
EXPLANATORY NOTE.
The purpose of these Regulations is to implement Council Directive 80/1107/EEC on the protection of workers from the risks related to exposure to arsenic, cadmium, mercury and organic compounds of lead.
The Regulations provide that adequate information must be provided to workers and their representatives at the workplace in relation to the dangers which these agents present. In addition, the employer must arrange for surveillance to be carried out of the state of health of workers exposed to organic compounds of lead.
8. (1) The Minister may appoint persons to be inspectors for the purpose of these Regulations and may revoke any such appointment.
(2) Notice of an appointment and of the revocation of an appointment under these Regulations shall be published in the
Iris Oifigiúil
.
(3) An inspector shall be furnished by the Minister with a certificate of his appointment to act as an inspector and when visiting any premises to which the provisions of these Regulations apply shall, if so required when exercising or seeking to exercise any power conferred on him by these Regulations, produce his certificate of appointment to the occupier or any other person holding a responsible position of management at the premises.
9. (1) An inspector shall have power—
(
a
) to enter, inspect, examine and search at all times any place where he has reasonable cause to believe a worker is or may be exposed to an organic compound of lead or any of the agents specified in the Second Schedule to these Regulations;
(
b
) to take with him a member of the Garda Síochána if he has reasonable cause to apprehend any serious obstruction in the execution of his duty;
(
c
) to make such examination and inquiry as may be necessary to ascertain whether the provisions of these Regulations are being complied with;
(
d
) to require the production of a Safety Information Register kept in pursuance of these Regulations or any other documents which it is necessary for him to see for the purpose of any examination or inquiry under paragraph (
c
) of this Regulation, and to inspect, examine and copy any of them or any entry therein;
(
e
) to require any person whom he finds in a place of work entered pursuant to sub-paragraph (
a
) of this Regulation to give such information as it is in his power to give relevant to any examination or inquiry under paragraph (
c
) of this Regulation, to answer either alone or in the presence of any other person, as he thinks fit, such questions with respect to matters under these Regulations as he thinks fit to ask and to sign a declaration of the truth of the answers given, provided that no one shall be required to answer any question or to give any evidence tending to incriminate himself;
(
f
) to exercise such other powers as may be necessary for the carrying of these Regulations into effect.
10. (1) Any person who—
(
a
) contravenes a provision of Regulations 5 (1), 6 or 7 of these Regulations, or
(
b
) obstructs an inspector in the exercise of any powers conferred on him by Regulation 9 of these Regulations, or
(
c
) fails to comply with a request made by an inspector under Regulation 9 of these Regulations, shall be guilty of an offence under these Regulations.
(2) a person guilty of an offence under these Regulations shall be liable on summary conviction to a fine not exceeding £1,000.
(3) Where an offence under these Regulations committed by a body corporate is proved to have been committed with the consent of or connivance of, or to have been facilitated by any neglect on the part of any director, manager, secretary or other officer of that body, he, as well as the body corporate, shall be deemed to be quilty of the offence and shall be liable to be proceeded against and punished accordingly.
(4) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851, proceedings for an offence under these Regulations may be instituted at any time within the period of 1 year beginning on the day on which the offence was committed.
(5) An offence under these Regulations may be prosecuted by the Minister.
11. The Minister may, from time to time, appoint any registered medical practitioner who has received, or will receive, prior to acting as an appointed doctor, training approved by the Minister for this purpose.
FIRST SCHEDULE
Regulation 5
Method of surveillance of the state of health of workers exposed to an organic compound of lead during the period of exposure.
S.I. No. 251 of 1989.
EUROPEAN COMMUNITIES (PROTECTION OF WORKERS) (EXPOSURE TO CHEMICAL, PHYSICAL AND BIOLOGICAL AGENTS) REGULATIONS, 1989.
I, BERTIE AHERN, Minister for Labour, in exercise of the powers conferred on me by
section 3
of the
European Communities Act, 1972
(No. 27 of 1972), and for the purpose of giving effect to Council Directive 80/1107/EEC of 27th November, 1980
1
, hereby make the following regulations