S.I. No. 219/1988:

EUROPEAN COMMUNITIES (PROTECTION OF WORKERS) (EXPOSURE TO LEAD) REGULATIONS, 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 this duration shall not be less than 4 hours if the results obtained on the occasion of the preceding monitoring have shown higher lead-in-air concentrations than those obtained before that monitoring.

(9) Where groups of workers are performing identical or similar tasks in the same location and are thus being exposed to the same health risk, sampling may be carried out on a group basis, and in such a case sampling shall be carried out for at least one worker out of 10.

6. (1) Where work is carried out under the conditions specified in Regulation 4(7) (a) or (b) an employer shall have the duty to ensure that--

( a ) smoking, eating or drinking is prevented so as to avoid the risk of absorbing lead;

( b ) areas are set aside where workers can eat and drink without risking contamination by lead;

( c ) in very hot work places where workers should be encouraged to drink, workers are provided with drinking water or other drinks not contaminated by the lead present in the workplace; and

( d ) workers are provided with appropriate working or protective clothing taking into account the physico-chemical properties of the lead compounds to which they are exposed;

(2) Every employer shall ensure that protective clothing provided by him under this Regulation is not removed from the premises at which it has been exposed to lead, except for laundering and shall ensure that when the said clothing is removed from the premises that--

( a ) the said clothing is transported to the laundry in closed containers, and

( b ) the said laundry so used is equipped for this type of work.

(3) An employer shall ensure that working or protective clothing and street clothing are stored separately.

(4) An employer shall ensure that workers are provided with adequate and appropriate washing facilities, including showers in the case of dusty operations.

(5) The cost of measures pursuant to this Regulation shall not be borne by the workers.

7. (1) An employer shall ensure that prior to or at the beginning of the exposure of any worker to lead such worker is subject to:--

( a ) clinical assessment by an appointed doctor (having regard to the practical recommendations for clinical assessment set out in the Fourth Schedule to these Regulations), and

( b ) biological surveillance (being monitoring of the worker then and at least every six months in accordance with paragraph (2)) taking account not only of the magnitude of the exposure but also of the individual worker's susceptability to lead.

(2) For the purpose of this Regulation, biological monitoring shall include measuring the blood-lead level (PbB) in a worker's blood and may include measuring one or more of the following biological indicators:--

( a ) the delta aminolae vulinic acid in urine (ALAU);

( b ) the zinc protoporphyrin (ZPP);

( c ) the delta aminolae vulinic acid dehydratase in blood (ALAD).

Provided, however, in the case of workers who have been subjected to a period of less than one month to risks of high exposure to lead, the blood-lead measurement may be replaced by an ALAU measurement.

(3) The frequency of biological monitoring may be reduced to once a year where at the same time:--

( a ) the results of the measurments for individuals or for groups of workers have shown, on the previous two consecutive occasions on which monitoring was carried out, a lead-in-air concentration higher than the value laid down in Regulation 4(7)(a) or (b) and lower than 100ug/m³, and

( b ) the blood-lead level (PbB) of any individual worker does not exceed 50ug Pb/ 100ml blood in any individual worker.

(4) A worker who is exposed to lead at a place of work shall be subject to clinical examination at least once a year.

(5) The methods of measuring the biological indicator referred to in paragraph (2) shall be those referred to in the Fifth Schedule.

(6) An employer shall ensure that only laboratories belonging to a quality assurance scheme are used for the purposes of biological monitoring under these Regulations.

(7) In paragraph (6) "quality assurance scheme" means a scheme for approving the quality of services provided by laboratories recognised for that purpose by the Minister.

(8) In the event of different results of biological monitoring being obtained, due to inter-laboratory differences, the definitive level shall be that obtained from the State Laboratory.

(9) Medical surveillance and biological monitoring may be delegated by an appointed doctor to a suitably qualified person: provided, however that the appointed doctor shall be responsible for the surveillance or monitoring so delegated.

8. (1) Where the biological monitoring carried out in pursuance of Regulation 7 reveals the blood-lead level of a worker higher than 60 ug Pb/100ml blood and lower than the limit values in Regulation 11, a clinical examination shall be carried out as soon as possible, however, this clinical examination may be deferred at the discretion of the appointed doctor until a repeat determination of the blood-lead level undertaken within one month shows that the value of 60ug Pb/100ml blood continues to be exceeded.

(2) Biological monitoring and clinical assessment, shall be carried out at shorter intervals than those laid down in Regulation 7(1) and (4) at least until the blood-lead level of a worker to whom paragraph (1) applies falls below 60ug Pb/100ml blood.

9. The appointed doctor responsible for the medical surveillance of the workers shall, following the clinical examination referred to in Regulation 8 advise on any protective or preventive measures to be taken on an individual basis; these measures may include, where appropriate the withdrawal of the worker concerned rom exposure to lead, or a reduction in the period of his exposure.

10. (1) Where work is carried out under the conditions specified under Regulation 4(5)(a) or (b), an employer shall take appropriate measures to ensure that workers and their representatives in the undertaking or establishment in which they have been exposed to the said conditions shall be provided with adequate information on--

( a ) the potential risks to health from lead exposure, and where appropriate the potential risks for the foetus and infants being breast-fed;

( b ) the existence of statutory limit values and the need for biological and atmospheric monitoring;

( c ) hygiene requirements, including the need to refrain from smoking, eating or drinking at the workplace;

( d ) the precautions to be taken as regards the wearing and use of the protective equipment and clothing; and

( e ) the special precautions to be taken to minimise the exposure to lead.

(2) In addition to the measures referred to in paragraph (1), for all work carried out in conditions specified under Regulation 4(7) (a) or (b) an employer shall take appropriate measures so that--

( a ) workers or their representatives within the undertaking or establishment concerned have access to--

(i) the results of lead-in-air measurements,

(ii) the statistical results (non-personalized) of biological monitoring, and explanations of the significance of these results shall be made available to them;

( b ) if the results exceed the lead-in-air limit value laid down in Regulation 11, the workers concerned and their representatives in the undertaking or establishment should be informed by the employer as quickly as possible of the excess and the reasons for it and the workers of their representatives in the undertaking or establishment are consulted on the measures to be taken or, in an emergency, are informed of the measures which have been taken; and

( c ) each time PbB tests, ALAU tests or any other biological measurements for assessing lead exposure are carried out, the workers concerned shall be informed, on the authority of the appointed doctor of the results of those measurements and the interpretation placed on the said results by the said doctor.

11. (1) Every employer shall ensure the worker exposure to lead-in-air does not exceed the following limit value, that is to say, 150ug/m³, calculated as a time-weighted average over 40 hours per week.

⁽³⁾ Corresponds in SI units to 3.4u mol lead per litre blood.

(2) Every employer shall take steps to ensure that the following limit values of biological parameters are adhered to for worker exposure -- namely 70ug Pb/100ml³ blood-lead level as a blood level in individual workers; however, a blood-lead level of between 70 and 80ug pb/100ml blood shall be allowed if the ALAU level remains lower than 20mg/g creatinine or the ZPP level remains lower than 20ug/g haemoglobin or the ALAD level remains greater than six European units;

(3) Where biological monitoring is based solely on ALAU measurement in accordance with the proviso in Regulation 7(2), the following limit value shall be applied for ALAU, namely 20mg/g creatinine.

12. For the purpose of establishing whether or not a lead-in-air limit value set out in Regulation 11(1) has been exceeded, the employer shall monitor the concentration of lead-in-air in accordance with the Second and Third Schedules to these regulations.

13. (1) Where the lead-in-air limit value laid down in Regulation 11(1) is exceeded at any place where there are workers it shall be the duty of the employer of such workers--

( a ) to identify the reasons for the said limit value being exceeded; and

( b ) to take appropriate measures to remedy the situation as soon as possible.

( c ) to conduct a further determination of the lead-in-air concentrations on the basis of the procedures laid down in Regulations 5 and 12 in order to check the effectiveness of the remedial measures mentioned in paragraph (b).

(2) The appointed doctor responsible for the medical surveillance of the workers to which this Regulation applies shall--

( a ) judge whether an immediate determination of the biological parameters of the workers concerned should be carried out.

(3) Where the measures referred to in paragraph 1 (b) cannot, owing to their nature or magnitude, be taken within one month and a further determination of lead-in-air concentrations shows that the lead-in-air limit values continue to be exceeded, work may not be continued in the affected area until adequate measures have been taken by an employer for the protection of the workers concerned, in the light of the opinion of the appointed doctor responsible for medical surveillance.

(4) An employer may require a worker to wear respiratory protective equipment during periods where the lead-in-air level exceeds the limit value, but, the wearing of such respiratory protective equipment shall be kept to the strict minimum necessary for each worker concerned.

(5) In the case of incidents likely to lead to significant increases in exposure to lead, workers shall be immediately evacuated from the affected area by the employer and only workers whose presence is required to carry out the necessary repairs may enter the affected area and only on condition that they use suitable protective apparatus.

(6) In the case of certain operations in respect of which it is foreseen that the limit value referred to in Regulation 11(1) shall be exceeded and in respect of which technical preventive measures for limiting concentrations in the air are not reasonably practicable, the employer shall define the measures intended to ensure protection of the workers during operations of this kind and the workers or their representatives in the undertaking or establishment shall be consulted on these measures before such operations are affected.

(7) Every worker employed at any place where lead is being used shall comply with the provisions of these Regulations insofar as they prescribe duties relating to him.

(8) No worker shall misuse intentionally any equipment provided for the purpose of measuring lead in the atmosphere.

(9) It shall be an offence for an employer to fail to define the measures intended to ensure the protection of workers in accordance with paragraph (6) or having defined the measures to fail to implement them.

14. (1) Where biological limit values laid down in Regulation 11 have been exceeded--

( a ) he employer shall take the necessary steps immediately to ascertain the reasons for the excess and to remedy the situation and such measures may (depending on the magnitude of the excess, and where it is considered desirable by the appointed doctor responsible for the medical surveillance of the workers) include the immediate withdrawal of any worker concerned from all exposure to lead; and

( b ) a further determination of the blood-lead level shall be made within three months and following this determination, the worker concerned shall not continue at his work or at any work involving an equal or greater risk of exposure to lead if the biological limit value continues to be exceeded and the worker concerned may be assigned, following an opinion from the appointed doctor responsible for medical surveillance, to other work involving a lesser risk of exposure and in such a case, he shall be subject to more frequent medical assessments.

(2) A worker concerned or the employer may ask for a review of the assessments referred to in paragraph (1).

15. (1) It shall be the duty of every employer who employs a worker in any work which involves or may involve a risk of exposure to lead--

( a ) to establish and maintain a register to be known (and in these Regulations referred to) as the "occupational health register" which shall include a record of the information referred to in the Sixth Schedule,

( b ) to make the occupational health register available for inspection on a request being made in that behalf, by any employee of that employer or the representative of such employee or an inspector.

16. (1) Without prejudice to the generality of these Regulations, an appointed doctor shall visit, all premises under his responsibility to appraise himself fully of all working practices, conditions of work and likely levels of exposure of workers to lead.

(2) An appointed doctor shall keep a record for such time as the Minister directs to be known and in these Regulations referred to as an "occupational health record" which shall include the information set out in the Seventh Schedule to these Regulations.

(3) An appointed doctor shall inform each worker of the results and significance of any medical examinations and biological monitoring carried out under these Regulations and shall make available to a worker concerned his occupational health record insofar as it relates to lead exposure.

(4) An appointed doctor shall inform an employer, as soon as practicable after an examination, of any results of an examination which indicate adverse health trends amongst workers.

(5) An appointed doctor shall provide an employer with such results of all medical surveillance as shall enable the employer make the appropriate entries in the occupational health register.

17. An employer shall permit access by an appointed doctor responsible for the medical surveillance of the workers to all information necessary for determining the extent of workers exposure to lead including, in particular, the results of lead-in-air monitoring.

18. (1) A worker exposed or likely to be exposed to lead at his place of work shall, when required by his employer or an appointed doctor, present himself for medical surveillance and co-operate with the said doctor.

(2) A worker presenting himself for medical surveillance shall furnish an appointed doctor with such medical information as that doctor may reasonably require.

19. (1) The Minister may appoint persons to be inspectors for the purposes of these Regulations and may revoke any such appointment.

(2) Notice of an appointment and of the revocation of an appointment under these Regulations shall be published in the Iris Oifigiuil.

(3) An inspector shall be furnished by the Minister with a certificate of his appointment to act as such an inspector and when visiting any premises to which the provision of these Regulations apply shall, if so required when exercising or seeking to exercise any power conferred on him by these Regulations, produce the certificate to the occupier or any other person holding a responsible position of management at the premises.

20. (1) An inspector shall have power--

( a ) to enter, inspect, examine and search at all times any place where he has reasonable cause to believe lead is present;

( b ) to take with him a member of the Garda Síochána if he has reasonable cause to apprehend any serious obstruction in the execution of his duty;

( c ) to take with him any other person authorised by the Minister and any equipment or materials required for any purpose of these Regulations;

( d ) to make such examination and inquiry as may be necessary to ascertain whether the provisions of these Regulations are being complied with;

( e ) to require the production of any books, particulars, registers, records (other than the occupational health record), certificates, notices, or documents required to be kept in pursuance of these Regulations or any other documents which it is necessary for him to see for the purpose of any examination or inquiry under paragraph (d), and to inspect, examine and copy any of them or any entry therein;

( f ) to require any person whom he finds in the place of work to give such information as it is in his power to give relevant to any examination or inquiry under paragraph (d), to answer either alone or in the presence of any other person, as he thinks fit, such questions with respect to matters under these Regulations as he thinks fit to ask and to sign a declaration of the truth of the answers given, provided that no one shall be required to answer any question or to give any evidence tending to incriminate himself;

( g ) to direct that any place of work or part of any place of work and anything therein shall be left undisturbed for so long as is reasonably necessary for the purposes of any examination or inquiry under paragraph (d);

( h ) to require the person who appears to him to be in charge and any other person at a place of work to supply him, without payment, for test, examination or analysis, samples of any agent or suspected agent found therein;

( i ) to take samples of the atmosphere in any part of the workplace;

( j ) to take any measurements, or photographs, or make any tape, electrical or other recording which he considers necessary for the purposes of any examination or inquiry under paragraph (d);

( k ) to require any person to afford him such facilities and assistance within his control as are necessary to enable the Inspector to exercise any other powers conferred on him under these Regulations;

( l ) to exercise such other powers as may be necessary for carrying these regulations into effect.

(2) Without prejudice to the generality of paragraph (1), where an inspector who is a registered medical practitioner forms the opinion that Regulations 9 or 14 are not being complied with he shall advise the relevant employer on any protective or preventive measures to be taken on an individual basis including, where appropriate, the withdrawal of a worker concerned from exposure to lead or causing a reduction if the period of that worker's exposure.

(3) An employer shall comply with advice given to him by an inspector under paragraph (2).

(4) An inspector who is a registered medical practitioner may require the production of an occupational health record.

(5) An Inspector who in a registered medical practitioner may request any person to provide biological samples or to be examined medically or both.

21. (1) Any person who--

( a ) contravenes Regulations 4(1), 4(4) to (7), 5(1), 5(2), 5(5), 5(7), 6(2) to (4), 7(1), 7(6), 10(1), 10(2), 11(1), 11(2), 12, 13(3), 13(5) to (9), 17 and 20(3) or

( b ) breaches a duty imposed by Regulation 6(1), 13(1), 15, or

( c ) wilfully delays an Inspector in the exercise of any power conferred on him by Regulation 20 or fails to comply with the requirement or directions of such an Inspector in pursuance of that Regulation, or to produce any book, parchment, record, paper, register, certificate, notice or document which he is required by or in pursuance of these Regulations to produce, or

( d ) obstructs an inspector in the exercise of a power under these Regulations,

( e ) wilfully withholds any information relevant to the investigation of an inspector, or

( f ) conceals or prevents, or attempts to conceal or prevent a person from appearing before or being examined by an inspector,

shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding £1,000.

(2) When an offence under these Regulations committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been facilitated by any neglect on the part of any director, manager, secretary or other officer of that body, he, as well as the body corporate, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(3) Where a person is convicted of an offence under these Regulations and the contravention in respect of which he was convicted is continued after the conviction, he shall be guilty of a further offence and shall be liable on summary conviction to a fine not exceeding £100 for each day on which the contravention is so continued (subject to a maximum of £1,000).

(4) Where a person is convicted of an offence under these Regulations the court may, in addition to or instead of inflicting a fine, order him, within the time specified in the order, to take such steps as may be specified for remedying the matters in respect of which the contravention occurred, and may, on application, enlarge the time so specified, and he shall not be liable under these Regulations in respect of the continuation of the contravention during the time so allowed, but if, after the expiration of that time, the order is not complied with, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £100 for every day on which the non-compliance continues, (subject to a maximum of £1,000).

(5) Any offence under these Regulations may be prosecuted by the Minister.

(6) Notwithstanding Section 10(4) of the Petty Session (Ireland) Act, 1851, proceedings for an offence under these Regulations may be instituted at any time within the period of one year beginning on the day on which the offence was committed.

23. These Regulations are in addition to and not in substitution for any other statutory provisions regulating the use of or exposure to lead at a place of work.

FIRST SCHEDULE

List of activities referred to in Regulation 4(3)

1. Handling of lead concentrate.

2. Lead and zinc smelting and refining (primary and secondary).

3. Lead arsenate spray manufacture and handling.

4. Manufacture of lead oxides.

5. Production of other lead compounds (including that part of the production of alkyl lead compounds, where it includes exposure to metallic lead and its ionic compounds).

6. Manufacture of paints, enamels, mastics and colours containing lead.

7. Battery manufacture and recycling⁽⁴⁾.

8. Craftwork in tin and lead.

9. Manufacture of lead solder.

10. Lead ammunition manufacture.

11. Manufacture of lead-based or lead-alloy objects.

12. Use of paints, enamels, mastics and colours containing lead.

13. Ceramic and craft pottery industries.⁽⁴⁾.

14. Crystal glass industries.

15. Plastic industries using lead additives.

16. Frequent use of lead solder in an enclosed space.

17. Printing work involving the use of lead.

18. Demolition work, especially the processes of scraping off, burning off and flame-cutting executed on materials coated with paint containing lead, as well as the breaking up of plant (e.g. lead furnaces)⁽⁴⁾.

19. Use of lead ammunition in an enclosed space.

20. Automobile construction and repair work.⁽⁴⁾.

21. Manufacture of leaded steel.

22. Lead tempering of steel.

23. Lead coating.

24. Recovery of lead and metallic residues containing lead.

⁽⁴⁾In as much as lead is used or is present.

SECOND SCHEDULE

Technical specifications referred to in Regulations 5(3) and 12

1. The equipment is that which complies with the technical specifications listed below:--

( a ) Air intake velocity at the orifice: 1.25m/s ± 10%;

( b ) Air flow rate: at least 11/min;

( c ) Sampling head characteristics: a closed face sampling head should be used, to avoid filter contamination;

( d ) Intake orifice diameter: at least 4 mm diameter in order to avoid wall effects;

( e ) Filter or intake orifice position: as far as possible kept parallel to the faces of the worker during the whole sampling period;

( f ) Filter efficiency: a minimum of 95% efficiency for all particles sampled down to an aerodynamic diameter of 0.3um;

( g ) Filter homogeneity: maximum homogeneity of the lead content in the filter to allow for comparison between two halves of the same filter.

2. The lead-in-air sample collected in accordance with the procedures in paragraph 1 is to be analysed by atomic absorption spectroscopy or any other method which gives equivalent results.

Regulation 12

THIRD SCHEDULE

Sampling

1. If the total sampling period is of 40 hours in one week then the lead-in-air concentrations obtained can be compared directly with the limit value laid down in Regulation 11(1);

2. If the total sampling period is less than 40 hours in one week, then:--

( a ) the limit value laid down in Regulation 11(1) shall not be considered as having been exceeded if the concentration obtained by sampling in accordance with Regulation 5(5) to (9) is below the numerical level of the limit value.

( b ) if the concentration referred to in the first indent exceeds the numerical level of the limit value then at least three additional lead-in-air samples shall be taken which are representative of average exposure to lead; the total period over which each of these three samples is taken shall be at least four hours.

If, from four samples taken over a period of one week, it is found that three levels of concentration are below the numerical level of the limit value, then it shall be deemed that this limit value has not been exceeded.

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

1. Current knowledge indicates that large-scale absorption may produce adverse effects in the following systems:

-- hematopoietic,

-- gastro-intestinal,

-- central and peripheral nervous,

-- renal.

2. The doctor in charge of the medical surveillance of the worker exposed to lead should be familiar with the exposure conditions or circumstances of each worker and to this end should visit periodically the workplace of workers exposed to lead to assess the conditions of exposure of the workers.

3. Clinical assessment of the workers should be carried out in accordance with sound practice: it should include the following measures:

-- records of the worker's medical and occupational history.

-- physical examination and a personal interview with special attention to the associated symptoms of early lead poisoning.

-- evaluation of the pulmonary status (for possible use of respiratory protective equipment).

Blood analyses (and, in particular, establishment of the hematocrit level) and urine analysis should be carried out during the first medical examination and then regularly according to the doctor's judgement.

4. In addition to the decisions based on the results of biological monitoring, the examining doctor will establish the cases where exposure or continued exposure to lead is contra-indicated. The most important of these contra-indications are:

(i) -- congenital abnormalities:

-- thalassemia,

-- G -- 6 -- PD deficiency;

(ii) -- acquired conditions:

-- anaemia,

-- renal deficiencies,

---- hepatic deficiencies.

5. Use of chelating agents:

The prophylactic use of chelating agents, sometimes called 'preventive therapy' is medically and ethically unacceptable. Many chelating agents may be considered nephrotoxic when administered for long periods.

6. Intoxication therapy:

To be carried out by specialists.

FIFTH SCHEDULE

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

PbB: Atomic absorption spectroscopy,

ALAU: Davis⁽¹⁾ or equivalent method,

ZPP: Haematofluorimetry⁽²⁾ or equivalent method,

ALAD: European standardised method⁽³⁾ or equivalent method.

5. The results of clinical examinations, biological monitoring and the significance of results.

6. The results of lead in air monitoring which relate to the worker's exposure.

7. Any additional information following the workplace visits.

8. Details of any action taken by the Appointed Doctor following the results of medical surveillance.

9. All files shall be in chronological order.

GIVEN under my Official Seal this 1st day of September, 1988.

BERTIE AHERN, T.D.

Minister for Labour.

EXPLANATORY NOTE

The purpose of these Regulations is to implement Council Directive 82/605/EEC on the protection of workers from the risks related to exposure to lead and its ionic compounds at work.

The Regulations apply to all work which exposes persons to lead and its ionic compounds in any form that may be ingested, inhaled or absorbed through the skin.

The Regulations aim to protect the health of workers by controlling their exposure to an acceptable low level and by monitoring the lead absorption of workers so that where high levels exist workers will be removed from the lead environment.

General hygiene provisions relating to eating, drinking, smoking, washing and cleaning are also covered by the regulations.