Control of Lead at Work Regulations (Northern Ireland) 2003

Air monitoring

9.—(1) Where the risk assessment indicates that any of his employees are liable to receive significant exposure to lead, the employer shall ensure that the concentration of lead in air to which his employees are exposed is measured in accordance with a suitable procedure.

(2) Subject to paragraph (3), the monitoring referred to in paragraph (1) shall be carried out at least every 3 months.

(3) Except where the exposure referred to in paragraph (1) arises wholly or in part from exposure to lead alkyls, the interval between each occasion of monitoring may be increased to a maximum of 12 months where–

(a) there has been no material change in the work or the conditions of exposure since the last occasion of monitoring; and

(b) the lead in air concentration for each group of employees or work area has not exceeded 0.10 mg/m³ on the two previous consecutive occasions on which monitoring was carried out.

(4) The employer shall ensure that a suitable record of monitoring carried out for the purpose of this regulation is made and maintained and that that record or a suitable summary thereof is kept available for at least 5 years from the date of the last entry made in it.

(5) Where an employee is required by regulation 10 to be under medical surveillance, an individual record of any monitoring carried out in accordance with this regulation shall be made, maintained and kept in respect of that employee.

(6) The employer shall–

(a) on reasonable notice being given, allow an employee access to his personal monitoring record;

(b) provide the Executive with copies of such monitoring records as the Executive may require; and

(c) if he ceases to trade, notify the Executive forthwith in writing and make available to the Executive all monitoring records kept by him.