The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Biological Agents) Regulations 2010

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations implement, in relation to United Kingdom ships (as defined by regulation 2), Directive 2000/54/EC on the protection of workers from risks related to exposure to biological agents at work (Official Journal No. L 262, 17/10/2000 p. 21). Directive 2000/54/EC is an individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC, on the introduction of measures to encourage improvements in the health and safety of workers at work.

Regulations 2 and 3 set out meanings for terms used in the Regulations.

Regulations 4and 5 set out the precise application of the Regulations and apply certain regulations also to non-United Kingdom ships when they are in UK waters.

In the case of an activity likely to involve the risk of exposure to biological agents, regulation 6 imposes particular duties on an employer in relation to the risk assessment which the employer is required to carry out under regulation 7 of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997 (1997/2962).

Regulation 7 requires employers to provisionally classify biological agents that present a hazard to workers but which do not yet appear in the list of such agents set out in Annex III to the Directive or the Approved List of biological agents published by the HSE, to notify the Secretary of State and the HSE when that is done and to comply with these regulations as if those agents did so appear.

Regulations 8 and 9 place employers under duties in relation to the replacement of biological agents and the prevention and reduction of exposure to them.

Regulation 10 specifies types of information which an employer, whose assessment under regulation 6 reveals risks to health and safety, must make available to the Secretary of State upon request.

Regulation 11 requires employers to take appropriate measures as respects hygiene and individual protection in relation to any activity involving a risk of contamination.

Regulations 12 and 13 specify the information and training that employers must provide for workers as well as imposing obligations as to the reporting of accidents and providing for access to relevant information.

Regulation 14 requires the keeping of a list of workers exposed to certain biological agents.

Regulation 15 imposes a general duty on employers to consult with workers or their representatives about matters covered by these Regulations.

Regulation 16 requires prior notification to the Secretary of State when use is to be made for the first time of biological agents within certain groups, when certain biological agents not previously notified are used for the first time and when safety procedures or processes are substantially changed.

Regulation 17 requires employers to ensure that there are arrangements whereby workers for whom an assessment under regulation 6 reveals a risk to health are kept under health surveillance and makes detailed provision as to such surveillance.

Regulation 18 requires employers to keep specified records for 10 years following the end of exposure to biological agents but for 40 years in certain instances and to pass the records to the Secretary of State if they cease to trade.

Regulation 19 makes provision for the risk assessment to take account of particular factors where the ship has health or veterinary care facilities and for the employer to take appropriate measures in respect of those facilities.

Regulation 20 makes provision for the employer to adopt containment measures and apply containment levels relevant to the potency of certain biological agents that may exist in laboratories or rooms for laboratory animals on ship, to apply certain containment principles in respect of industrial processes and to require both the written approval of the Secretary of State for the industrial use of such agents and compliance with measures relating to that use made conditions of that approval.

Regulation 21 prescribes other persons whose duty it is to comply with the provisions of the Regulations and requires workers to make proper use of protective clothing and equipment and to give effect to instructions and training.

Regulations 22 to 29 concern offences, penalties, inspection, detention of ships and compensation for wrongful detention.

Regulation 30 prohibits the levying of any charge on a worker in respect of anything done or provided in pursuance of any specific requirement of these Regulations.

These Regulations are made under powers contained in the Merchant Shipping Act 1995, except in their application to Government ships (defined in regulation 2(1)) where the power is provided by section 2(2) of the European Communities Act 1972.

A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Maritime and Coastguard Agency, Spring Place, 105 Commercial Road, Southampton SO15 1EG (telephone number 02380 329100). A copy of that assessment is annexed to the Explanatory Memorandum which is available on the Office of Public Sector Information website – www.opsi.gov.uk.

A copy of both the impact assessment and the Transposition Note 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 and may be downloaded from http://www.mcga.gov.uk. Any amendment to that Transposition Note to record amendments to relevant Annexes to the Directive will be made similarly available.

Merchant Shipping Notices are published by the MCA and copies may be obtained from M-Notices Subscriptions, PO Box 362, Europa Park, Grays, Essex RM17 9AY (telephone number 01375 484 548; fax [phone]; email orders [e-mail]). A copy may also be downloaded from http://www.mcga.gov.uk. That website also has details of any amendments or replacements.

A copy of the Approved List of biological agents published in 2004 by the Health and Safety Executive may be downloaded from http://www.hse.gov.uk/pubns/misc208.pdf.

The Directive may be downloaded from http://www.eur-lex.europa.eu/en/index.htm.