The Optical Radiation Directive was published in the Official Journal of the European Communities on 27 April 2006 (Ref: L114) - Directive 2006/25/EC on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (artificial optical radiation).

The Directive lays down minimum health and safety requirements regarding the exposure of workers to the risks arising from optical radiation. Optical radiation, which includes ultraviolet radiation (UV), infrared radiation, visible light and lasers, is a form of radiation that can interact with people in a way that varies according to the radiation wavelength. The objective of the Directive is to protect workers from the risks associated with this potential hazard and to achieve harmonisation of control regimes between EU Member States. It aims to achieve this by using the guidelines for restrictions on exposure that have been produced by the International Commission for Non-ionising Radiation Protection (ICNIRP). These scientifically based guidelines are designed to prevent the effects on health that can occur at high levels of exposure.

The Directive places a range of duties on employers. These include the requirements to assess and control exposure, reduce risk, and provide information and training to workers. There are also provisions on health surveillance.

The risk from optical radiation depends on the type of radiation and the intensity and the part of the body that is exposed. The symptoms of excessive exposure are well defined and the areas of the body most at risk are the skin and the eyes. The effects on the eye include damage to the cornea and lens whilst the effects on the skin include redness, burning and blistering and an increased risk of skin cancer. As artificial sources of optical radiation are well controlled, adverse effects are rare.

The ICNIRP guidelines upon which the Directive is based set out a series of exposure values – called exposure limit values (ELVs) in the Directive - that are designed to prevent adverse health effects.

The general duties to assess and control risks contained in the Health and Safety at Work Act 1974 and the Management of Health and Safety at Work Regulations 1999 apply. The Directive is thought to add little to these existing requirements, but it does define more precisely what is expected. For example, it requires assessment of exposure as a means of assessing risk for artificial sources and compliance with ICNIRP guidelines and the provision of information and training.

The Directive requires that, for artificial sources, appropriate action should be taken and recorded if a risk assessment reveals the possibility of an ELV being exceeded, in order that risk should be reduced to a minimum.

HSE has assumed that insignificant costs will arise from action that has to be taken as a result of risk assessments for workers at low risk from laser and broadband optical radiation. However for laser and broadband optical radiation workers who are at a high risk of exceeding the ELVs (as determined by the risk assessment), the costs of developing an action plan may be substantial because of the likely need to employ a consultant.

The arrangements for monitoring the Directive would be by regulations under the Health and Safety at Work etc. Act 1974. Monitoring of the impact will be on an ad-hoc basis by feedback and information received from HSE inspectors during the course of their routine inspections and from information provided by those involved.

Regarding enforcement does not generate specific enforcement action although appropriate action would be undertaken if a clear breach of health and safety responsibilities were identified.

HSE intend to issue guidance in due course that will allow employers to ascertain how they will achieve compliance with the Directive. HSE do not expect that the Directive will impose any significant additional burdens for those employers who are already assessing and controlling risks as part of existing duties.

The Association’s Members can provide guidance and assistance in conducting risk assessments and determining any course of action that may be necessary.