Section 2: Examination of worker

2. Examination of worker (1) No person shall be employed in the manufacture or processing of any dangerous chemical or on a scheduled operation, unless that person is in possession of a medical certificate indicating— (a) his physical fitness to be so employed; (b) the level of cholinesterase in his blood or any other appropriate test result. (2) (a) The Board may require a person employed in the manufacture or processing of any dangerous chemical or on a scheduled operation— (i) to be examined by a medical officer designated by the Board; (ii) to undergo any investigation that the Board thinks necessary. (b) Any examination or investigation required under paragraph (a) shall be paid for by the employer and may be carried out during working hours at such place as may be fixed by the Board. (3) The result of any examination or investigation carried out for the purposes of paragraph (1) or at the request of the Board under paragraph (2) shall, as soon as possible, be communicated in writing by the medical officer who carried out the examination or investigation to— (a) the Board; and (b) the person in respect of whom the examination or investigation was conducted. (4) Where the level of cholinesterase in the blood of an employee is less than 60% of the highest level recorded for that employee in the preceding 12 months, the employer shall not cause or permit that employee to be exposed to a pesticide or to any other cholinesterase inhibiting substance unless— (a) the authorised officer has certified in writing that the employee is fit to be exposed to such pesticide and other cholinesterase inhibiting substance; and (b) not less that 2 weeks have elapsed since the employee was last so exposed. (5) Where an employer reasonably believes that a person employed by him in the manufacture or processing of any dangerous chemical or on a scheduled operation may be suffering from exposure to a dangerous chemical he shall forthwith notify the Board. (6) (a) Where, as a result of an examination or investigation carried out under subsection (2), it appears to the Board that any person employed in the manufacture or processing of dangerous chemicals or on a scheduled operation is likely to suffer from exposure to any dangerous chemical, the Board may, by D1 – 101 [Issue 1] Dangerous Chemicals Control Act notice in writing, direct that the employer shall not employ that person in the manufacture or processing of any dangerous chemical or on a scheduled operation for such a period as the Board thinks necessary. (b) The Board shall forward a copy of any notice given by it under subparagraph (a) to the person in respect of whom the notice has been given. (c) No employer shall employ a person in respect of whom a direction has been given under paragraph (a) in breach of the terms of the direction.