The Merchant Shipping and Fishing Vessels (Control of Noise at Work) Regulations 2007

Health surveillance

10.—(1) If the risk assessment indicates that there is a risk to the health of his workers who are, or are likely to be, exposed to noise, the employer shall ensure that such workers are kept under health surveillance in accordance with paragraph (2).

(2) Health surveillance shall be provided by the employer as follows—

(a) where a worker is exposed to noise above the upper exposure action values, such worker shall be entitled to have his hearing examined by a doctor or by a suitably qualified person under the supervision of a doctor; and

(b) where workers are exposed to noise above the lower exposure action values, where the risk assessment required by regulation 6 indicates a risk to health, such workers shall be entitled to preventative audiometric testing.

(3) Where, as a result of health surveillance a worker is found to have identifiable hearing damage a doctor or such specialist as a doctor considers appropriate, shall assess whether the damage is likely to be the result of exposure to noise at work.

(4) If it is found in accordance with paragraph (3) that hearing damage is likely to have been the result of exposure to noise at work the employer shall—

(a) ensure that the worker is informed by a doctor or other suitably qualified person of the result of the health surveillance which relates to him personally;

(b) review the risk assessment concerned;

(c) review the measures taken to comply with regulations 7 and 8 taking into account any advice given by a doctor, occupational healthcare professional or the MCA;

(d) consider assigning the worker to alternative work where there is no risk of further exposure to noise, when advised to do so by a doctor or an occupational health care professional;

(e) ensure continued health surveillance and provide for a review of the health of any other employee who has been similarly exposed..

(5) The employer shall ensure that a health record is made and maintained in respect of each worker who undergoes health surveillance in accordance with these Regulations, the record being in a suitable form and containing a summary of the results of the health surveillance carried out.

(6) The employer shall—

(a) on reasonable notice being given, allow a worker access to his personal health records;

(b) keep the health records available in a suitable form;

(c) at the request of a worker, make available the health records to any person specified by the worker; and

(d) provide the Secretary of State with such copies of the health records as the Secretary of State may require.

(7) The employer shall pay the costs of health surveillance carried out in order to comply with this regulation.