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The Control of Artificial Optical Radiation at Work Regulations 2010

Transposition note for Directive 2006/25/EC of the European Parliament and of the Council on the minimum health and safety requirements regarding the exposure of workers to risks arising from physical agents (artificial optical radiation) (19th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC). ("the Directive").

The Control of Artificial Optical Radiation at Work Regulations 2010 ("the Regulations") implement the Directive.

These Regulations do what is necessary to implement the Directive. The main elements of the Directive implemented in these Regulations are as follows:

Article Purpose Implementation Responsibility
1 Sets out the aim and scope of the Directive. Implicit in the Regulations as a whole.  Secretary of State
2 Definitions. Regulation 1 and 3(8). Secretary of State
3 Establishes the exposure limit values for non-coherent and laser radiation. Regulation 1 Secretary of State.
4 Requires employers to conduct a risk assessment to assess/ measure/ calculate levels of exposure to artificial optical radiation (AOR) in accordance with the prescribed methodology and with reference to particular criteria. Regulation 3 Secretary of State.
5 Requires employers to eliminate or reduce to a minimum risks of exposure to AOR and includes action and measures to take if the exposure limit values are exceeded. Regulation 4 Secretary of State
6 Requires employers to ensure that workers receive any necessary information and training in relation to the outcome of the risk assessment, with particular reference to the matters listed. Regulation 5 Secretary of State
7 Consultation and participation of workers in accordance with Article 11 of Directive 89/391/EEC on matters covered by the Directive. The Safety Representatives & Safety Committees Regulations 1977 & Health and Safety (Consultation with Employees) Regulations 1996 already provide for consultation with, and the participation of, employees in matters relating to health and safety. Secretary of State
8.1 Member States to adopt measures to ensure appropriate health surveillance. Regulation 6(1) The Secretary of State
8.2-8.3 Prescribes arrangements for health surveillance and access to health surveillance documents. Regulation 6(2)-(5) The Secretary of State
8.4 Establishes obligation on employer to make available a medical examination where exposure above the limit values is detected and as a result of any adverse health effect of exposure found following health surveillance. In both cases there is an obligation on employers to review the risk assessment and measures taken in accordance with Article 5 and to carry out continued health surveillance and if necessary a medical examination in accordance with the prescribed arrangements. Regulations 6(6) and (7) The Secretary of State
9 Establishes obligation for Member States to establish a penalty regime for breaches of the Directive. The Health and Safety at Work etc. Act 1974 provides for penalties for breach of health and safety regulations. The Secretary of State
10 and 11 Prescribe the legislative procedure for amendments to the annexes of the Directive. Transposition not required. European Parliament, EU Council and European Commission.
12 Prescribes obligations for Member States to provide a report to the European Commission on the practical implementation of the Directive and for the Commission to inform the European Parliament, the Council and the prescribed committees of the content of these reports and other associated information. Transposition not required. In any event this requirement was repealed with effect from 27.6.07 by 2007/30/EC
13 European Commission to produce a practical guide. Transposition not required. European Commission
14 Prescribes measures for Member States to implement the Directive. Transposition not required. Secretary of State
15 Provides for the entry into force of the Directive Transposition not required. Secretary of State
Annex I Prescribes the exposure limit values for non-coherent radiation. Regulation 1. Secretary of State
Annex II Prescribes the exposure limit values for laser radiation. Regulation 1 Secretary of State
Updated 2014-01-24