- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
19.—(1) Subject to paragraph (2), every employer shall monitor the exposure of his employees to asbestos by measurement of asbestos fibres present in the air—
(a)at regular intervals; and
(b)when a change occurs which may affect that exposure.
(2) Paragraph (1) shall not apply where—
(a)the exposure of an employee is not liable to exceed the control limit; or
(b)the employer is able to demonstrate by another method of evaluation that the requirements of regulation 11(1) and (5) have been complied with.
(3) The employer shall keep a suitable record of—
(a)monitoring carried out in accordance with paragraph (1); or
(b)where he decides that monitoring is not required because paragraph 2(b) applies, the reason for that decision.
(4) The record required by paragraph (3), or a suitable summary thereof, shall be kept—
(a)in a case where exposure is such that a health record is required to be kept under regulation 22 for at least 40 years; or
(b)in any other case, for at least 5 years,
from the date of the last entry made in it.
(5) In relation to the record required by paragraph (3), 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.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: