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

Interpretation

2.—(1) In these Regulations—

“the Act” means the Merchant Shipping Act 1995;

“the Approved List of biological agents” means the list by that name published by the Health and Safety Executive(1) and includes any document containing an amendment or replacement of that list which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice;

“biological agents” means micro-organisms, including those which have been genetically modified, cell cultures and human endoparasites, which may be able to provoke any infection, allergy or toxicity;

“cell culture” means the in-vitro growth of cells derived from multicellular organisms;

“the Directive” means Directive 2000/54/EC of the European Parliament and of the Council on the protection of workers from risks related to exposure to biological agents at work (seventh individual directive within the meaning of Article 16(1) of Directive 89/391/EEC);

“employer” means a person by whom a worker is employed on a ship under a contract of employment;

“exposure” means exposure at work to biological agents;

“the General Duties Regulations” means the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997(2);

“Government ship” has the meaning given by section 308(4) of the Act;

“group 1 biological agent” means a biological agent that is unlikely to cause human disease;

“group 2 biological agent” means a biological agent that can cause human disease and might be a hazard to workers but is unlikely to spread to the community and for which there is usually an effective prophylaxis or treatment available, and includes agents classified as such in Annex III to the Directive or in the Approved List of biological agents;

“group 3 biological agent” means a biological agent that can cause severe human disease, presents a serious hazard to workers and may present a risk of spreading to the community but for which there is usually an effective prophylaxis or treatment available, and includes agents classified as such in Annex III to the Directive or in the Approved List of biological agents;

“group 4 biological agent” means a biological agent that causes severe human disease, is a serious hazard to workers and may present a high risk of spreading to the community and for which there is usually no effective prophylaxis or treatment available, and includes agents classified as such in Annex III to the Directive or in the Approved List of biological agents;

“health and safety” includes the occupational health and safety of persons whilst on board a ship and whilst boarding or leaving the ship;

“MCA” means the Maritime and Coastguard Agency, an executive agency of the Department for Transport;

“Merchant Shipping Notice” means a notice described as such and issued by the MCA;

“micro-organism” means a microbiological entity, cellular or non-cellular, capable of replication or of transferring genetic material;

“regulation 6 assessment” has the meaning given by regulation 6(2);

“representative” in relation to workers, means any person lawfully elected, chosen or designated to represent the workers in regard to issues about the health and safety of workers at work;

“ship” includes hovercraft;

“surveyor of ships” has the meaning given by section 256(9) of the Act; and

“United Kingdom ship” means a ship which is—

(a)

a United Kingdom ship within the meaning of section 85(2) of the Act(3);

(b)

a Government ship; or

(c)

a hovercraft registered under the Hovercraft Act 1968(4).

(2) In these Regulations any reference to an Annex to the Directive is a reference to that Annex as amended from time to time.

(3) Subject to paragraph (1) and regulation 3, words and expressions used in these Regulations have the same meaning as in the Directive.

(4) In the application of these Regulations to a hovercraft, a reference to the master of a ship includes a reference to the captain of that hovercraft.

(1)

The Approved List of biological agents was published by the Health and Safety Executive in 2004.

(2)

S.I. 1997/2962, amended by S.I. 1998/2411 and 2001/54.

(3)

The British Overseas Territories Act 2002 (c.8), section 2(3), makes a non-textual amendment to section 85(2) of the Act.

(4)

1968 c.59.