The Control of Asbestos at Work Regulations 1987

Health records and medical surveillance

16.—(1) Every employer shall ensure that a health record containing particulars approved by the Executive relating to each of his employees who is exposed to asbestos is maintained unless the exposure of that employee does not exceed the action level and that that record or a copy thereof is kept for at least 30 years from the date of the last entry made in it.

(2) Every employer shall ensure that each of his employees who is exposed to asbestos is under adequate medical surveillance by an employment medical adviser or appointed doctor unless the exposure of that employee does not exceed the action level, and such medical surveillance shall include—

(a) a medical examination not more than two years before the beginning of such exposure; and

(b) periodic medical examinations at intervals of not more than two years or such shorter time as the employment medical adviser or appointed doctor may require while such exposure continues, and

each such medical examination shall include a specific examination of the chest.

(3) Where an employee has been examined in accordance with paragraph (2), the employment medical adviser or appointed doctor shall issue to the employer a certificate stating that he has been so examined and the date of the examination and the employer shall keep that certificate or a copy thereof for at least 4 years from the date on which it was issued and forthwith give a copy of the certificate to the employee.

(4) An employee to whom this regulation applies shall, when required by his employer and at the cost of the employer, present himself during his working hours for such examination and tests as may be required for the purposes of paragraph (2) and shall furnish the employment medical adviser or appointed doctor with such information concerning his health as may reasonably be required.

(5) Where medical surveillance is carried out on the premises of the employer, the employer shall ensure that suitable facilities are made available for the purpose.

(6) On reasonable notice being given, the employer shall allow any of his employees access to the health record which relates to that employee.

(7) Where before the coming into force of these Regulations, an employee was engaged in work in which he was exposed to asbestos to an extent which exceeds the action level and continues to be engaged in such work, it shall be a sufficient compliance with paragraph (2) if either—

(a) he is medically examined within six months after the date of coming into force of these Regulations; or

(b) in a case where—

(i) he had been medically examined before the date of coming into force of these Regulations, and

(ii) that examination was for the purpose of regulation 6 of the Asbestos (Licensing) Regulations 1983 or an employment medical adviser or appointed doctor has certified that it is appropriate for the examination to be deemed to be an examination for the purposes of paragraph (2)(a),

he is next examined within two years after the date of that examination or within such shorter time as the employment medical adviser or appointed doctor may require.

(8) (a) Fees shall be payable in accordance with the following provisions of this paragraph to the Health and Safety Executive in respect of a medical examination for the purposes of this regulation by an employment medical adviser.

(b) The fees shall be payable, in the case of the examination of an employee, by his employer; and, in the case of the examination of a self-employed person, by that self-employed person.

(c) The fees shall be a basic fee of £34.50 for each examination, together with an additional fee of £27.00 in respect of all X-rays taken in connection with any one examination, and of £15.50 in respect of all laboratory tests carried out in respect of any one examination.

(9) In this Regulation—

“appointed doctor” means a registered medical practitioner who is for the time being appointed in writing by the Executive for the purposes of this regulation;

“employment medical adviser” means an employment medical adviser appointed under section 56(1) of the Health and Safety at Work etc. Act 1974(1);

“medical examination”, except in paragraph (8), includes any laboratory tests and X-rays that the employment medical adviser or appointed doctor may require.

(1)

1974 c. 37.