S.I. No. 251/1989:

EUROPEAN COMMUNITIES (PROTECTION OF WORKERS) (EXPOSURE TO CHEMICAL, PHYSICAL AND BIOLOGICAL AGENTS) REGULATIONS, 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, 1980¹, hereby make the following regulations:

1. (1) These Regulations may be cited as the European Communities (Protection of Workers) (Exposure to Chemical, Physical and Biological Agents) Regulations, 1989.

(2) These Regulations shall come into operation on the 5th day of October, 1989.

2. (1) The Safety, Health and Welfare at Work Act, 1989 (No. 7 of 1989), shall be construed and have effect as if these Regulations were an existing enactment within the meaning of "existing enactments" contained in section 2 (1) of that Act and set out in Part II of the Second Schedule to that Act.

(2) Nothing in paragraph (1) of this Regulation shall be construed as creating an indictable offence in respect of these Regulations.

3. (1) In these Regulations--

"the Directive" means Council Directive No. 80/1107/EEC of 27th November, 1980¹;

¹O.J. No. L327/8. 3.12.1980.

"appointed doctor" means a registered medical practitioner who has received training on the effects of organic compounds of lead on the body for the purpose of Regulation 5 of these Regulations, and who has been appointed in writing by the Minister for that purpose;

"inspector" means a person appointed by the Minister under Regulation 8 of these Regulations to be an inspector for the purposes of these Regulations;

"the Minister" means the Minister for Labour;

"registered medical practitioner" has the meaning assigned to it by section 2 of the Medical Practitioners Act, 1978 (No. 4 of 1978);

"Safety Information Register" has the meaning assigned to it by Regulation 7 of these Regulations;

(2) A word or exprssion that is used in these Regulations and is also used in the Directive has, unless the contrary intention appears, the meaning in these Regulations that it has in the Directive.

4. These Regulations shall not apply to--

( a ) workers exposed to radiation covered by the Treaty establishing the European Atomic Energy Community,

( b ) sea transport, or

( c ) air transport.

5. (1) An employer who employs any worker in work in which such worker is or may be exposed to an organic compound of lead shall arrange for an appointed doctor to carry out surveillance of the state of health of such worker.

(2) The appointed doctor shall carry out this surveillance in accordance with the methods of surveillance specified in the First Schedule to these Regulations.

6. (1) Subject to paragraph (2) of this Regulation, an employer who employs any worker in work in which such worker is or may be exposed to any of the agents specified in the Second Schedule to these Regulations, shall provide, at his place of work, such worker and his representative with information about the said agent, including information concerning--

( a ) the dangers associated with physical, chemical and biological properties of the said agent;

( b ) the risks posed to the health of a worker due to exposure to the said agent; and

( c ) the precautions which should be taken by the worker to minimise risks to his health from the said agent.

(2) The information provided shall, in so far as is reasonably practicable, be comprehensible to the workers concerned.

7. (1) An employer to whom Regulations 5 and 6 of these Regulations apply shall establish and maintain a Register to be known in these Regulations as a "Safety Information Register" in which he shall record--

( a ) the information provided to workers and their representatives under Regulation 6 of these Regulations; and

( b ) the names and signatures of workers, to whom information was provided under Regulation 6 of these Regulations.

(2) An employer shall permit inspection of the said Register by any worker and any representative of such worker.

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.

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.