Control of Lead at Work Regulations (Northern Ireland) 1998

Prevention or control of exposure to lead

6.—(1) Every employer shall ensure that the exposure of his employees to lead is either prevented or, where this is not reasonably practicable, adequately controlled by means of appropriate control measures.

(2) So far as is reasonably practicable, the prevention or adequate control of exposure of employees to lead shall be secured by control measures other than the provision of personal protective equipment.

(3) Where, notwithstanding the control measures taken in accordance with paragraph (2), the exposure of any employee to lead is, or is liable to be, significant, the employer shall provide such employee with suitable and sufficient protective clothing.

(4) Where the control measures taken in accordance with paragraph (2) do not prevent, or provide adequate control of, exposure to airborne lead, then, in addition to taking those measures, the employer shall provide those employees with such suitable respiratory protective equipment as will adequately control such exposure.

(5) Without prejudice to the generality of paragraph (1), in this regulation control of exposure shall, so far as the inhalation of lead is concerned, only be treated as being adequate if the occupational exposure limit for lead is not exceeded.

(6) Any personal protective equipment provided by an employer in pursuance of this regulation shall—

(a)comply with any provision in the Personal Protective Equipment (EC Directive) Regulations 1992(1) which is applicable to that item of personal protective equipment; or

(b)where no provision referred to in sub-paragraph (a) applies, be of an approved type, or conform to an approved standard.

(7) Every employer who provides any control measure, personal protective equipment or other thing or facility pursuant to this regulation shall take all reasonable steps to ensure that it is properly used or applied as the case may be.

(8) Every employee shall make full and proper use of any control measure, personal protective equipment or other thing or facility provided pursuant to this regulation and shall take all reasonable steps to ensure it is returned after use to any accommodation provided for it and, if he discovers any defect therein, shall report it forthwith to his employer.

(9) In the event of the failure of a control measure or an unforeseen event which, in either case, is likely to lead to a significant increase in exposure to lead, the employer shall ensure that only those persons who are responsible for the carrying out of repairs and other necessary work are permitted in the affected area and they are provided with suitable personal protective equipment.

(10) In this regulation, “adequate” means adequate having regard only to the nature and degree of exposure to lead.