The Control of Artificial Optical Radiation at Work Regulations 2010

Explanatory Note

(This note is not part of the Order)

1.  These Regulations implement as respects Great Britain Directive 2006/25/EC of the European Parliament and of the Council (O.J. L114, 27.4.2006, p.38) on the minimum health and safety requirements regarding the exposure of workers to risks arising from physical agents (artificial optical radiation) (nineteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (“the Directive”). The Regulations impose duties on employers to protect both employees who may be exposed to risk from exposure to artificial optical radiation at work and other persons at work who might be affected by that work. U.K.

2.  Regulation 1(2) defines exposure limit values as being those set out in Annexes I and II to the Directive, as amended from time to time, and these Annexes provide for exposure limit values for non-coherent radiation and laser radiation respectively. U.K.

3.  The Regulations impose a duty to carry out a specific form of risk assessment where an employer carries out work which could expose its employees to levels of artificial optical radiation (i.e. artificial light) that could create a reasonably foreseeable risk of adverse health effects to the eyes or skin and where those risks have not already been eliminated or controlled (regulation 3). Where a risk assessment is necessary the Regulations also impose duties to— U.K.

(a) eliminate, or where this is not reasonably practicable, to reduce to as low a level as is reasonably practicable the risk of adverse health effects to the eyes or skin of the employee as a result of exposure to artificial optical radiation where this risk has been identified in the risk assessment (regulation 4(1));

(b) devise an action plan comprising technical and organisational measures to prevent exposure to artificial optical radiation exceeding the exposure limit values where the risk assessment indicates that employees are exposed to levels of artificial optical radiation that exceed the exposure limit values (regulation 4(3));

(c) take action in the event that the exposure limit values are exceeded despite the implementation of the action plan and measures to eliminate or reduce so far as is reasonably practicable the risk of exposure (regulation 4(5));

(d) demarcate, limit access to, and provide for appropriate signs in those areas where levels of artificial optical radiation are indicated in the risk assessment as exceeding the exposure limit values (regulation 4 (6) and (7);

(e) provide information and training if the risk assessment indicates that employees could be exposed to artificial optical radiation which could cause adverse health effects to the eyes or skin of the employee (regulation 5); and

(f) to provide health surveillance and medical examinations in certain cases (regulation 6).

4.  A copy of the impact assessment in respect of these Regulations can be obtained from the Health and Safety Executive, Economic Advisers Unit, Redgrave Court, Merton Road, Bootle, Merseyside L20 7HS. A copy of the transposition note in relation to the implementation of the Directive set out in paragraph 1 can be obtained from the same address. Copies of both these documents have been placed in the Library of each House of Parliament and are annexed to the Explanatory Memorandum which is available on the Office of Public Sector Information website (http://www.opsi.gov.uk). U.K.