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

Health surveillance

9.—(1) If—

(a) the risk assessment indicates that there is a risk to the health of workers who are, or are likely to be, exposed to mechanical vibration; or

(b) workers are likely to be exposed to vibration in excess of an exposure action value,

the workers shall be entitled to health surveillance provided by the employer where such health surveillance is appropriate in accordance with paragraph (2).

(2) Health surveillance shall be appropriate where—

(a) a link can be established between such exposure and an identifiable illness or harmful effects on health;

(b) it is probable that the illness or the effects occur in the worker’s particular working conditions; and

(c) there are established techniques for detecting the illness or the harmful effects on health.

(3) Where, as a result of health surveillance a worker is found to have an identifiable disease or adverse health effect which is considered by a doctor or an occupational health professional to be the result of exposure to mechanical vibration 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 and provided with information and advice regarding any health surveillance which he should undergo following the end of exposure;

(b) ensure that he is informed himself of any significant findings, taking into account any medical confidentiality;

(c) review the risk assessment concerned;

(d) review the measures taken to comply with regulation 7, taking into account any advice given by a doctor, occupational health professional or the MCA;

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

(f) arrange for the continued health surveillance of the worker;

(g) review the health surveillance of any other workers who have been similarly exposed, including, if recommended by a doctor or occupational health professional, arranging a medical examination for such workers.

(4) 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.

(5) 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 the health records available 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.

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