Health and safety 395Assessments have to be reviewed regularly and, if the employer employs five or more
employees, they must be recorded.
Regulation 7 requires every employer to make sure that the exposure of his employees to
substances hazardous to health is prevented or, if this is not possible, adequately controlled.
In general, hazardous substances must be replaced with non-hazardous substances, so far
as this is reasonably practicable. Regulation 7 also provides measures which an employer
must take when exposure to a biological agent cannot be prevented. These measures
include:
(i) posting warnings;
(ii) specifying decontamination procedures;
(iii) arranging safe collection and storage;
(iv) testing to see if the agent has escaped;
(v) setting out procedures for working with the agent;
(vi) vaccinating employees, if appropriate; and
(vii) putting in place hygiene measures to prevent the accidental release of the agent.
Appropriate washing facilities must also be supplied and eating and drinking prohibited,
if this is appropriate.
Regulation 8 requires employers to take all reasonable steps to ensure that any control
measures are properly used and applied. Employee users have a duty to use control
measures and to report any defects in them to the employer immediately.
Regulation 9 requires that control measures are kept in an effective state. It also requires
that personal protective equipment, such as protective clothing, must be properly stored,
checked regularly and repaired or replaced as soon as it becomes defective.
Regulation 10 requires employers to monitor the exposure of employees to hazardous
substances if the risk assessment has indicated that this is necessary. This monitoring must
be done at regular intervals and records must be kept. Employees can insist on access to
their personal monitoring records.
Regulation 11 provides that, if appropriate for the protection of employees’ health, the
employer must ensure that employees liable to be exposed to hazardous substances are
placed under suitable health surveillance.
Regulation 12 requires every employer who undertakes work which is liable to expose
an employee to a hazardous substance to provide that employee with suitable and sufficient
information, instruction and training.
Regulation 13 requires the employer to ensure that appropriate procedures, information
and warnings are provided to deal with accidents, incidents and emergencies.
Regulation 14 requires an employer using certain fumigants to inform in advance the
police and health and safety inspectors.
Under reg. 15 the Health and Safety Executive can grant exemption from the require-
ments of regs. 4, 8, 9 and 14. However, this will not be done unless the HSE is satisfied that
it will not affect or prejudice the health and safety of any persons. The Secretary of State for
Defence is allowed to exempt the armed forces from some aspects of the Regulations.
The ‘six pack’ Regulations
Article 137 of the EC Treaty (formerly article 118) gives the power to pass directives which
will improve the working environment so as to protect the health and safety of workers and