The Coal Mines (Control of Inhalable Dust) Regulations 2007 (revoked)

Health surveillance U.K.

11.—(1) Every employer shall ensure that those of his employees who are, or who are liable to be, exposed to inhalable dust are placed under health surveillance by a doctor, unless that exposure is not significant.

(2) The employer shall ensure that a health record, containing particulars approved by the Executive, in respect of each of his employees to whom paragraph (1) applies is made and maintained and that that record or a copy thereof is kept available in a suitable form for at least 40 years from the date of the last entry made in it.

(3) The employer shall—

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

(b) provide the Executive with copies of such health 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 health records kept by him.

(4) Health surveillance arranged by an employer in order to comply with his duty under paragraph (1) shall be at the cost of that employer and shall take place during the working hours of the employee or at a time agreed with the employee.

(5) An employee who is the subject of health surveillance shall furnish the doctor with such information concerning his health as the doctor may reasonably require.

(6) Where, as a result of health surveillance, an employee is found to have an identifiable disease or adverse health effect which is considered by a doctor to be the result of exposure to inhalable dust—

(a) the manager shall—

(i) review the risk assessment, and

(ii) review any measure taken to comply with regulation 5, taking into account any advice given by a doctor or by the Executive; and

(b) the employer of that employee shall—

(i) ensure that a doctor informs the employee accordingly and provides the employee with information and advice regarding further health surveillance,

(ii) consider assigning the employee to alternative work where there is either a lower exposure to inhalable dust or no such exposure, taking into account any advice given by a doctor, and

(iii) provide for a review of the health of any other employee who has been similarly exposed, including a medical examination where such an examination is recommended by a doctor or by the Executive.

(7) Where, for the purpose of carrying out his functions under these Regulations, a doctor requires to inspect any workplace or any record kept for the purposes of these Regulations, the employer or the owner as the case may be shall permit him to do so.