European Communities (Protection of Workers) (Exposure to Lead) Regulations, 1988

• Jurisdiction: Ireland
• Citation: IR SI 219/1988
• Year: 1988

S.I. No. 219 of 1988.

EUROPEAN COMMUNITIES (PROTECTION OF WORKERS) (EXPOSURE TO LEAD) REGULATIONS, 1988.

ARRANGEMENT OF REGULATIONS

Regulation

1. Citation and Commencement.

2. Interpretation.

3. Application.

4. Assessment.

5. Air Monitoring.

6. Hygiene.

7. Clinical Assessment and Biological Surveillance.

8. Clinical Examination.

9. Protective and Preventive Measures.

10. Provision of Information.

11. Limit Values.

12. Procedure for Air Monitoring.

13. Lead-in-Air Limit Value Exceeded.

14. Biological Limit Value Exceeded.

15. Occupational Health Register.

16. Duties of Appointed Doctor.

17. Access to Information.

18. Responsibilities of Workers.

Enforcement

19. Appointment of Inspectors.

20. Powers of Inspectors.

Offences and Penalties

21. Offences and Penalties.

FIRST SCHEDULE

LIST OF ACTIVITIES REFERRED TO IN REGULATION 4(3).

SECOND SCHEDULE

Technical Specifications referred to in Regulation 5 (3) and 12.

THIRD SCHEDULE

Sampling.

FOURTH SCHEDULE

Practical Recommendations for clinical assessment of workers referred to in Regulation 7 (1).

FIFTH SCHEDULE

Methods of measuring biological indicators referred to in Regulation 7 (5).

SIXTH SCHEDULE

The information to be included in the Occupational Health Register.

SEVENTH SCHEDULE

The information to be included in the Occupational Health Record.

S.I. No. 219 of 1988.

EUROPEAN COMMUNITIES (PROTECTION OF WORKERS) (EXPOSURE TO LEAD) REGULATIONS, 1988.

I, BERTIE AHERN, Minister for Labour, in exercise of the powers conferred on me by Section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to Council Directive 82/605/EEC of 28 July, 1982(1), hereby make the following Regulations:

(1)O.J. No. L247/12 23.8.82 1. (1) These Regulations may be cited as the European Communities (Protection of Workers) (Exposure to Lead) Regulations, 1988.

(2) These Regulations shall come into operation on the 8th day of September, 1988. 2. (1) In these Regulations,

"ALAU" means delta aminolae vulinic acid in urine;

"ALAD" means delta aminolae vulinic acid dehydratase in blood;

"appointed doctor" means a registered medical practitioner with responsibility for medical surveillance of workers and who has received training on the effects of lead on a human body, appointed for the time being in writing by the Minister;

"Council Directive" means Council Directive No. 82/605/EEC(2);

(2)O.J. No. L247/12 23.8.82

"inspector" means a person appointed by the Minister under Regulation 19 to be an inspector for the purposes of these Regulations;

"lead" means metallic lead and its ionic compounds, other than alkylated lead compounds;

"limit values" means the exposure level or biological indicator level at which substances containing lead which are hazardous to health should be controlled at the workplace;

"medical surveillance" means clinical assessment and biological monitoring;

"the Minister" means the Minister for Labour;

"occupational health register" shall have the meaning assigned to it by Regulation 15;

"Pb" means lead;

"PbB" means blood-lead;

"registered medical practitioner" has the meaning assigned to it by Section 2 of the Medical Practitioners Act, 1978 (No. 4 of 1978);

"worker" means any employed person exposed or likely to be exposed to lead at work;

"workers' representative" means a person whom the workers at or in any premises may, from time to time, select and appoint from amongst their number as their representative for the purposes of these Regulations;

"ZPP" means zinc protoporphyrin.

(2) A word or expression that is used in these Regulations and is also used in the Council Directive has, unless the contrary intention appears, the meaning in these Regulations that it has the Council Directive.

(3) In these Regulations a reference to a Regulation is to a Regulation of these Regulations, unless the context otherwise requires.

(4) In these Regulations a reference to a paragraph or sub-paragraph is to the paragraph or sub-paragraph of the provision in which the reference occurs, unless it is indicated that a reference to some other provision is intended. 3. (1) These Regulations shall have effect for the protection of workers against risks to their health, including the prevention of such risks, arising or likely to arise at work from exposure to lead.

(2) These Regulations shall not apply to:

( a ) sea transport,

( b ) air transport, or

( c ) mining and quarrying of lead containing ores and the preparation of lead-ore concentrate at the site of the mine or quarry. 4. (1) Subject to paragraph (2) of this Regulation, every employer shall assess any work likely to involve a worker in a risk of absorbing lead in such a way as to determine the nature and degree of exposure to lead of the workers engaged in such work.

(2) In the case of work commenced before the coming into operation of these Regulations the assessment shall be carried out within six months of the coming into operation of these Regulations and in all other cases the assessment shall be carried out within six months of the commencement of the work.

(3) The First Schedule to these Regulations contains an indicative, non-exhaustive list of activities where there is reason to consider that there may be a risk of absorbing lead.

(4) The assessment referred to in paragraph (1) shall

( a ) be the subject of consultation by the employer with the workers or their representatives within the undertaking or establishment concerned, and

( b ) be reviewed forthwith by the employer and a new assessment substituted where—

(i) there is reason to believe that the assessment is incorrect, or

(ii) there has been a material change in the work to which the assessment relates, or

(iii) a review is requested by an inspector.

(5) If the assessment provided for in paragraph (1) reveals the presence of at least one of the following conditions:—

( a ) exposure to a concentration of lead in air greater than 40ug/m3 calculated as a time-weighted average over 40 hours per week;

( b ) a blood-lead level greater than 40ug Pb/100ml blood in individual workers;

the provisions regarding information set out in Regulation 10 shall apply and measures in accordance with Regulation 6 shall be taken by the employer to minimise the risk of absorbing lead which arises through smoking, eating and drinking at the place of work.

(6) If the assessment provided for in paragraph (1) reveals that the blood-lead level of workers due to lead absorption is between 40ug and 50ug for each 100ml of blood, the employer shall arrange for the biological monitoring of all workers in accordance with the provisions on biological monitoring referred to in Regulation 7.

(7) If the assessment provided for in paragraph (1) at a place of work reveals the presence of at least one of the following conditions:

( a ) exposure to a concentration of lead-in-air greater than 75ug/m3 calculated as a time weighted average over 40 hours per week, or

( b ) a blood-lead level greater than 50ug Pb/100ml blood in individual workers,

the protection provided for in these Regulations in particular the lead-in-air monitoring referred to in Regulation 5 and the surveillance and assessment referred to in Regulation 7 of these Regulations shall be provided for the workers employed at that place of work. 5. (1) Subject to paragraph (4) of this Regulation, where the assessment provided for in Regulation 4(1) reveals any conditions referred to in Regulation 4(7), an employer shall cause monitoring of the lead-in-air to take place at least once in every three months.

(2) All lead-in-air measurements made under paragraph (1) shall be representative of worker exposure to particles containing lead.

(3) For the purpose of these Regulations, particles containing lead shall be those particles captured by equipment having the sampling characteristics specified in paragraph 1 of the Second Schedule to these Regulations, and analysed in accordance with the methods indicated in paragraph 2 of the Second Schedule to these Regulations.

(4) The frequency of monitoring of lead-in-air may be reduced to once a year, provided that there is no material change in the work and the conditions of exposure, where:—

( a ) the results of the measurements for individual workers or for groups of workers have shown that on the previous two consecutive occasions on which monitoring was carried out;

(i) he lead-in-air concentration did not exceed 100ug/m3 or

(ii) the conditions of exposure did not fluctuate appreciably, or,

( b ) the blood-lead level of any worker does not exceed 60ug Pb/100ml blood.

(5) The monitoring to be carried out under this Regulation shall entail the taking of one or more air samples by the employer.

(6) Without prejudice to the sampling requirements of paragraph 2(b) of the Third Schedule to these Regulations, sampling under this Regulation shall be carried out in such a way as to permit assessment of the probable maximum risk to which the individual worker or workers are exposed, account being taken of the work done, the working conditions and the length of exposure of the workers during the course of the work.

(7) The workers concerned or their representatives in the premises being monitored under paragraph (5) shall be consulted by the employer to permit assessment of the probable maximum risk to which the said workers are being exposed.

(8) In a case where a employer or a person engaged by him for that purpose establishes that the assessment provided for in Regulation 4(1) reveals conditions referred to in Regulation 4(7) (a) or (b), the duration of the period of sampling shall not be less than 4 hours while monitoring reveals the level of lead-in-air is in excess of the conditions referred to in the said Regulation 4(7) (a) or (b) and subsequently...