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The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Carcinogens and Mutagens) Regulations 2007

The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Carcinogens and Mutagens) Regulations 2007 reg 14

reg 14 Health surveillance

(1) The employer shall ensure that there are arrangements whereby workers for whom a regulation 4 assessment reveals a risk to health or safety are kept under health surveillance. (2) In particular a worker shall be able to undergo, if appropriate, relevant health surveillance before exposure and at regular intervals thereafter and the arrangements shall be such that it is directly possible to implement individual and occupational hygiene measures. (3) If a worker is found to be suffering from an abnormality which is suspected to be the result of exposure to carcinogens or mutagens, the doctor or body responsible for the health surveillance of workers may require other workers who have been similarly exposed to undergo health surveillance and, in that event, a further regulation 4 assessment shall be undertaken. (4) In cases where health surveillance is carried out, an individual medical record shall be kept and the doctor or body responsible for health surveillance shall propose any protective or preventive measures to be taken in respect of any individual workers. (4A) Where the doctor or body responsible for the health surveillance of a worker records in that worker’s individual medical record, kept pursuant to paragraph (4), that the health surveillance of the worker should continue after exposure has ended, the worker’s employer must ensure that, while the worker is employed by the employer, the health surveillance of that worker continues for as long as recommended by the doctor or body. (4B) The worker’s employer ceases to be under an obligation to ensure that health surveillance continues for as long as recommended by the doctor or body when a doctor or body responsible for the health surveillance of the worker records in the worker’s individual medical record that this is no longer recommended. (5) Information and advice shall be given to workers regarding any health surveillance which they may undergo following the end of exposure. (6) Workers must be given access to the results of health surveillance which concern them. (7) Workers or the employer may request a review of the results of health surveillance. (8) The doctor or body undertaking health surveillance shall have regard to the practical recommendations for the health surveillance of workers set out in Schedule 4. (9) All cases of cancer identified as resulting from occupational exposure to a carcinogen or mutagen shall be notified to the Secretary of State.

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