Safety, Health and Welfare At Work (General Application) (Amendment) Regulations, 2010

JurisdictionIreland
CitationIR SI 176/2010
Year2010

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 4th May, 2010.

I, BATT O’KEEFFE, Minister for Enterprise, Trade and Employment, in exercise of the powers conferred on me by section 58 of the Safety, Health and Welfare at Work Act 2005 (No. 10 of 2005), for the purpose of giving effect to Directive 2006/25/EC of the European Parliament and the Council of 5 April 2006 1 , on the minimum health and safety requirements regarding the exposure of workers to risks arising from physical agents (artificial optical radiation) and after consultation with the Health and Safety Authority, hereby make the following regulations:

1. (1) These Regulations may be cited as the Safety, Health and Welfare at Work (General Application) (Amendment) Regulations 2010.

(2) In these Regulations “Principal Regulations” means the Safety, Health and Welfare at Work (General Application) Regulations 2007 ( S.I. No. 299 of 2007 ) as amended by the Safety, Health and Welfare at Work (General Application) (Amendment) Regulations 2007 ( S.I. No. 732 of 2007 ).

(3) The Principal Regulations and these Regulations may be cited together as the Safety, Health and Welfare at Work (General Application) Regulations 2007 to 2010.

2. The Principal Regulations are amended—

(a) by inserting in the “Arrangement of Regulations”, after “PART 8, EXPLOSIVE ATMOSPHERES AT PLACES OF WORK”, the following:

PART 9 Control of Artificial Optical Radiation at Work

176. Interpretation for Part 9.

177. Application of Part 9.

178. Exposure Limit Values.

179. Determination of Exposure and Assessment of Risks.

180. Provisions aimed at Avoiding or Reducing Exposure.

181. Employee Information and Training.

182. Health Surveillance.”,

(b) by inserting in the “Arrangement of Regulations”, after “Schedule 10, EXPLOSIVE ATMOSPHERES”, the following:

SCHEDULE 11 ARTIFICIAL OPTICAL RADIATION

Part 1: Non-Coherent Optical Radiation

Part 2: Laser Optical Radiation

Part 3: Assessment, Measurement and Calculation of Exposure”,

(c) by inserting, after “PART 8, Regulation 175”, the following:

PART 9 Control of Artificial Optical Radiation at Work

Interpretation for Part 9.

176. (1) In this Part—

“Directive” means Directive 2006/25/EC of the European Parliament and of the Council of 5 April 2006 2 ;

“exposure limit value” means the limits on exposure to optical radiation which are based directly on established health effects and biological considerations. Compliance with these limits will ensure that workers exposed to artificial sources of optical radiation are protected against all known adverse health effects;

“irradiance (E) or power density” means the radiant power incident per unit area upon a surface expressed in watts per square metre (W m-2);

“laser (light amplification by stimulated emission of radiation)” means any device which can be made to produce or amplify electromagnetic radiation in the optical radiation wavelength range primarily by the process of controlled stimulated emission;

“laser radiation” means optical radiation from a laser;

“level” means the combination of irradiance, radiant exposure and radiance to which an employee is exposed;

“non-coherent radiation” means any optical radiation other than laser radiation;

“optical radiation” means any electromagnetic radiation in the wavelength range between 100 nm and 1 mm. The spectrum of optical radiation is divided into ultraviolet radiation, visible radiation and infrared radiation:

(a) ultraviolet radiation: optical radiation of wavelength range between 100 nm and 400nm. The ultraviolet region is divided into UVA (315-400 nm), UVB (280315 nm) and UVC (100-280 nm);

(b) visible radiation: optical radiation of wavelength range between 380 nm and 780 nm;

(c) infrared radiation: optical radiation of wavelength range between 780 nm and 1mm. The infrared region is divided into IRA (780-1400 nm), IRB (1400-3000nm) and IRC (3000 nm-1 mm);

“radiance (L)” means the radiant flux or power output per unit solid angle per unit area, expressed in watts per square metre per steradian (W m-2 sr-1);

“radiant exposure (H)” means the time integral of the irradiance, expressed in joules per square metre (J m-2).

(2) A word or expression that is used in this Part and is also used in the Directive has, unless the contrary intention appears, the same meaning in this Part as in the Directive.

Application of Part 9.

177. This Part shall apply to activities in which employees are, or are likely to be, exposed to risks to their safety and health arising from exposure to artificial optical radiation during their work and, in particular, the risk to the eyes and to the skin.

Exposure Limit Values.

178. (1) The exposure limit values for non-coherent radiation, other than that emitted by natural sources of optical radiation, are as set out in Part 1 of Schedule 11.

(2) The exposure limit values for laser radiation are as set out in Part 2 of Schedule 11.

Determination of Exposure and Assessment of Risks.

179. (1) Without prejudice to the requirements of sections 19 and 20 of the Act, where employees are exposed to artificial sources of optical radiation, an employer shall, in consultation with his or her employees or their representatives, or both, make a suitable and appropriate assessment of the risk arising from such exposure.

(2) In carrying out the assessment referred to in paragraph (1), an employer shall, if necessary, measure and or calculate the level of exposure to artificial optical radiation to which his or her employees are exposed.

(3) The level of exposure to artificial optical radiation shall be assessed, measured or calculated on the basis set out in Part 3 of Schedule 11.

(4) An employer shall be responsible for the assessment referred to in paragraph (1) being planned and competently carried out at suitable intervals.

(5) An employer shall give particular attention when carrying out the assessment referred to in paragraph (1) to the following—

(a) the level, wavelength range and duration of exposure to artificial sources of optical radiation,

(b) the exposure limit values specified in Regulation 178 and Schedule 11,

(c) the effects of exposure to artificial sources of optical radiation on employees whose safety or health is at particular risk from such exposure,

(d) any possible effects on employee safety or health resulting from workplace interactions between artificial optical radiation and photosensitising chemical substances,

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

(f) the existence of replacement equipment designed to reduce the levels of exposure to artificial optical radiation,

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

(h) multiple sources of exposure to artificial optical radiation,

(i) 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,

(j) information provided by the manufacturers of artificial optical radiation sources and associated work equipment in accordance with the relevant Community Directives.

(6) An employer shall record in the safety statement prepared pursuant to section 20 of the Act—

(a) the findings of the assessment referred to in paragraph (1) as soon as possible after it is made, and

(b) the steps which he or she has taken to meet the requirements of Regulations 180 to 182.

(7) The assessment referred to in paragraph (1) and, if necessary, either or both the measurement and calculation referred to in paragraph (2) shall be reviewed at suitable intervals and, in particular, where either of the conditions specified in section 19(3)(a) or (b) of the Act are met.

Provisions aimed at Avoiding or Reducing Exposure.

180. (1) Having regard to the general principles of prevention in Schedule 3 to the Act, and in consultation with his or her employees or representatives, or both, an employer shall ensure, so far as is reasonably practicable, that risk from the exposure of his or her employees to artificial optical radiation is either eliminated at source or reduced to a minimum.

(2) Where the risk assessment carried out under Regulation 179 for employees exposed to artificial sources of optical radiation indicates any possibility that the exposure limit values may be exceeded, an employer shall devise and implement an action plan comprising either or both the technical and organisational measures designed to prevent the exposure exceeding the limit value, taking into account in particular:

(a) other methods of work which reduce the risk from exposure to artificial optical radiation,

(b) the choice of work equipment which, taking account of the work to be done, emits less artificial optical radiation including the possibility of making available to employees work equipment in compliance with section 16 of the Act with the aim or effect of limiting exposure to artificial optical radiation,

(c) technical means to reduce the emission of artificial optical radiation including, where necessary, the use of inter-locks, shielding or similar health protection mechanisms,

(d) appropriate maintenance programmes for work equipment, the places of work, workstations and systems of work,

(e) the design and layout of places of work and workstations,

(f) limitation of the duration and level of exposure to artificial optical radiation,

(g) provision of appropriate personal protective equipment, and

(h) the instructions of the manufacturer of the equipment where it is covered by relevant Community Directives.

(3) Where a risk assessment carried out pursuant to Regulation 179 indicates that there are workstations within the place of work where employees are...

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