The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Artificial Optical Radiation) Regulations 2010

Assessment of health risksU.K.

6.—(1) Where work is to be carried out which could expose any worker to levels of artificial optical radiation that create a reasonably foreseeable risk of an adverse health effect on that worker, the employer must, in carrying out the risk assessment required by regulation 7 (risk assessment) of the General Duties Regulation—

(a)assess and, if necessary, measure the levels of exposure to which workers are likely to be exposed, so that the measures needed to limit exposure below the exposure limit values can be identified and put into effect; and

(b)preserve the data obtained from the assessment, including those obtained from the measurement of the levels of exposure referred to in sub-paragraph (a), so as to permit their consultation at a later stage.

(2) In carrying out the assessment and measurement in accordance with paragraph (1)(a) the employer must follow the following standards or recommendations—

(a)for laser radiation, the standards of the IEC; or

(b)for non-coherent radiation, the standards of the IEC and the recommendations of the CIE and the CEN.

(3) Where there is a risk of exposure which is not covered by the standards and recommendations set out in paragraph (2) F1... the assessment and measurement may be carried out using any available national or international science-based guidelines.

(4) The assessment in accordance with paragraph (1)(a) may take account of data provided by the manufacturers of equipment which is a source of optical radiation F2....

(5) The employer must ensure that the assessment and measurement referred to in paragraph (1)(a)—

(a)are planned and carried out at suitable intervals and by competent persons, appointed in accordance with regulation 14 (protective and preventive services) of the General Duties Regulations, subject to consultation with workers in accordance with regulation 20 (consultation with workers) of those Regulations;

(b)are updated, if there have been significant changes which may affect workers’ exposure or if the results of health surveillance show this to be necessary; and

(c)give particular attention to—

(i)the level, wavelength range and duration of exposure;

(ii)the exposure limit values;

(iii)any effects concerning the health and safety of workers belonging to particularly sensitive risk groups;

(iv)any possible effects on workers’ health and safety resulting from workplace interactions between optical radiation and photosensitising chemical substances;

(v)any indirect effects such as temporary blinding, explosion or fire;

(vi)the existence of alternative equipment designed to reduce the levels of exposure;

(vii)appropriate information obtained from health surveillance, including, as far as possible, published information;

(viii)multiple sources of exposure;

(ix)a classification applied to a laser as defined in accordance with the relevant IEC standard and, in relation to any artificial source likely to cause damage similar to that of a laser of class 3B or 4, any similar classification; and

(x)information provided by the manufacturers of optical radiation sources and associated work equipment F3....

(6) Before the commencement of any activity with the potential to involve exposure, the employer must be in possession of a record in a suitable medium of the risk assessment, if any, required to be carried out in accordance with this regulation.

(7) The risk assessment may include a justification by the employer that the nature and extent of the risks related to optical radiation make a more detailed risk assessment unnecessary.

(8) An assessment carried out in accordance with this regulation, whether for the first time or by way of renewal, is in these Regulations called a regulation 6 assessment and is to be used by the employer to identify which measures must be taken in accordance with regulation 7.