The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Artificial Optical Radiation) Regulations 2010

EXPLANATORY NOTE

(This note is not part of the Regulations)

In relation to workers on United Kingdom ships, and other ships while in United Kingdom waters, these Regulations implement Council Directive 2006/25/EC of 5 April 2006, (O.J. L. No. 114, 27.4.2006, p. 38) on the minimum health and safety requirements regarding the exposure of workers to risks arising from physical agents (artificial optical radiation) (nineteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC (O.J. L. No. 42, 15.2.2003, p. 38)). This Directive has been implemented in respect of land-based workers by the Control of Artificial Optical Radiation at Work Regulations 2010 (S.I. 2010/1140).

The Regulations apply to United Kingdom ships as defined in regulation 2, and, as respects regulations 5, 15 and 17 only, to other ships while in United Kingdom waters. They apply to activities in which workers on ships are or are likely to be exposed to risks arising from artificial optical radiation (regulation 4) and apply exposure limit values. They impose obligations on employers, workers and other persons who have control of matters to which the Regulations relate (regulations 6 to 11).

The Regulations require employers to carry out an assessment of risk before work is carried out which could expose workers to levels of artificial optical radiation that create a reasonably foreseeable risk of adverse health effects (regulation 6). Principles are set out in order that the risk of exposure may be eliminated or reduced to a minimum, to ensure that workers are not exposed to optical radiation in excess of the exposure limit values (regulation 7). Provision is made for information and training for workers, health surveillance and the consultation of workers (regulations 8 to 10). There is provision for enforcement (regulations 12 to 18). Levying a charge on a worker for anything done under the Regulations is prohibited (regulation 19).

These Regulations are made under the powers in section 85 and 86 of the Merchant Shipping Act 1995 except in respect of their application to Government ships, where the power is provided by section 2(2) of the European Communities Act 1972.

Merchant Shipping Notices can be read or downloaded free from the Maritime and Coastguard Agency website (www.mcga.gov.uk). Printed copies can be obtained from M-Notices Subscriptions, PO Box 362, Europa Park, Grays, Essex, RM17 9AY (telephone number 01375 484548, fax number 01375 484556 and email [e-mail])

An impact assessment of the effect of these Regulations on the cost of business has been prepared and copies can be obtained from the Maritime and Coastguard Agency, Spring Place, 105 Commercial Road, Southampton, SO15 1EG. A copy has been placed in the library of each House of Parliament. A copy of the Transposition Note is also available from the Maritime and Coastguard Agency. These documents are also annexed to the Explanatory Memorandum which is available on the Office of Public Sector Information website (http://www.opsi.gov.uk).