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

PART 2 U.K. DUTIES OF EMPLOYERS AND OTHERS

Assessment of health risks U.K.

6.—(1) In carrying out the assessment required by regulation 7 of the General Duties Regulations, the employer shall first determine whether hazardous chemical agents are present.

(2) If the employer determines that hazardous chemical agents are present the employer shall then assess any risk to the health and safety of workers arising from the presence of those agents, taking into consideration—

(a) their hazardous properties;

(b) information on health and safety provided by the supplier;

(c) the level, type and duration of exposure;

(d) the circumstances of work involving such agents, including their amount;

(e) the occupational exposure limit values and binding biological limit values relevant to those agents;

(f) the effect of preventive measures taken or to be taken; and

(g) where available, the conclusions to be drawn from any health surveillance already undertaken.

(3) The employer shall obtain additional information which is needed for the regulation 6(2) assessment from the supplier of each chemical agent concerned or other readily available sources F1 ....

(4) The regulation 6(2) assessment—

(a) shall identify the measures taken in accordance with regulations 7 and 8;

(b) shall be documented in a suitable form;

(c) may include a justification by the employer that the nature and extent of the risks related to chemical agents make a further detailed risk assessment unnecessary;

(d) shall be kept up-to-date, particularly if there have been significant changes which could render it out-of-date, or when the results of health surveillance show it to be necessary;

(e) shall cover activities such as maintenance, in respect of which it is foreseeable that there is a potential for significant exposure, or which may result in deleterious effects to health and safety for other reasons, even after the taking of all technical measures; and

(f) in the case of activities involving exposure to several hazardous chemical agents, shall include an assessment on the basis of the risk presented by all such chemical agents in combination.

(5) In the case of a new activity involving hazardous chemical agents, the employer shall ensure that work does not start until a further regulation 6(2) assessment of the risk of that activity has been made and any preventive measures identified have been implemented.

(6) The employer shall take into account the results of the procedures referred to in regulation 8(7) and (8) in carrying out the obligations imposed, or resulting from, this regulation.

(7) An assessment carried out in accordance with paragraph (2), whether for the first time or by way of renewal, is in these Regulations called a regulation 6(2) assessment.

Textual Amendments

F1 Words in reg. 6(3) omitted (31.12.2020) by virtue of The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1202), regs. 1(2), 9(4); 2020 c. 1, Sch. 5 para. 1(1)

General principles for prevention of risks U.K.

7.—(1) In carrying out the duty of an employer under regulation 5 of the General Duties Regulations the employer shall eliminate or reduce to a minimum risks to the health and safety of workers at work involving hazardous chemical agents—

(a) through the design and organisation of systems of work on the ship;

(b) by taking the measures specified in paragraph (2); and

(c) by taking into account the results of health surveillance undertaken under regulation 12.

(2) The measures referred to in paragraph (1)(b) are—

(a) the provision of suitable equipment for work with chemical agents and maintenance procedures which ensure the health and safety of workers at work;

(b) reducing to a minimum the number of workers exposed or likely to be exposed;

(c) reducing to a minimum the duration and intensity of exposure;

(d) appropriate hygiene measures;

(e) reducing the quantity of chemical agents present on the ship to the minimum required for the type of work concerned; and

(f) suitable working procedures, including arrangements for the safe handling, storage and transport on the ship of hazardous chemical agents and of waste containing such agents.

Specific protection and prevention measures U.K.

8.—(1) This regulation does not apply where the results of the regulation 6(2) assessment reveal only a slight risk to the health and safety of workers and the measures taken in accordance with regulation 7 are sufficient to reduce that risk.

(2) The employer shall ensure that the risk from a hazardous chemical agent to the health and safety of workers at work is eliminated or reduced to a minimum by taking the measures specified in paragraphs (3) to (5).

(3) The employer shall, wherever practicable, avoid the use of a hazardous chemical agent by replacing it with a chemical agent or a substance or a process which is not hazardous or less hazardous to workers' health and safety.

(4) Where the nature of the activity in which a hazardous chemical agent is used does not permit the risk to be eliminated in accordance with paragraph (3), having regard to the regulation 6(2) assessment, the employer shall ensure that the risk is reduced to a minimum by the application of protection and prevention measures, consistent with the regulation 6(2) assessment.

(5) In order of priority, the protection and prevention measures shall include—

(a) design of appropriate work processes and engineering controls and use of adequate equipment and materials so as to avoid or minimise the release of hazardous chemical agents which may present a risk to workers' health and safety at the place of work within the ship;

(b) application of collective protection measures at the source of the risk, such as adequate ventilation and appropriate organisational measures; and

(c) where exposure cannot be prevented by other means, application of individual protection measures including personal protective equipment.

(6) The measures referred to in paragraphs (3), (4) and (5) shall be accompanied by health surveillance in accordance with regulation 12 if that is appropriate to the nature of the risk.

(7) Unless the employer clearly demonstrates by other means of evaluation that, in accordance with paragraphs (3), (4) and (5), adequate protection and prevention have been achieved, the employer shall carry out such measurements of chemical agents which may present a risk to workers' health and safety on a ship as are necessary, in particular in relation to the occupational exposure limit values.

(8) Such measurements shall be carried out regularly and in any event when any change occurs in the conditions which may affect workers' exposure to chemical agents.

(9) In any event, where an occupational exposure limit value has been exceeded, the employer shall immediately take steps, taking into account the nature of that limit, to remedy the situation by carrying out preventive and protective measures.

(10) On the basis of a regulation 6(2) assessment and of the general principles for the prevention of risks referred to in regulation 7, the employer shall take technical and organisational measures appropriate to the nature of the operation including storage, handling and segregation of incompatible chemical agents, providing protection for workers against hazards arising from the physico-chemical properties of chemical agents.

(11) In order of priority, the technical and organisational measures shall include measures to–

(a) prevent the presence of hazardous concentrations of inflammable substances or hazardous quantities of chemically unstable substances where the operation of the ship so permits;

(b) avoid the presence of ignition sources which could give rise to fires or explosions, or avoid adverse conditions which could cause chemically unstable substances or mixtures of substances to give rise to harmful physical effects; and

(c) mitigate the detrimental effects to the health and safety of workers in the event of fire or explosion due to the ignition of inflammable substances, or harmful physical effects arising from chemically unstable substances or mixtures of substances.

(12) The employer shall take measures to provide sufficient control of plant, equipment and machinery or provision of explosion suppression equipment or explosion pressure relief arrangements.

Accidents, incidents and emergencies U.K.

9.—(1) This regulation does not apply where the results of the regulation 6(2) assessment reveal only a slight risk to the health and safety of workers and the measures taken in accordance with regulation 7 are sufficient to reduce that risk.

(2) The employer shall, in order to protect the health and safety of workers from an accident, incident or emergency related to the presence of hazardous chemical agents in a ship (“a relevant incident”), establish procedures which can be put into effect when a relevant incident occurs, so that the appropriate action is taken.

(3) Arrangements under paragraph (2) shall include—

(a) relevant safety drills to be performed at intervals not less than once every six months; and

(b) the provision of appropriate first aid facilities.

(4) When a relevant incident occurs the employer shall—

(a) immediately take steps to mitigate the effects of the relevant incident and to inform the workers concerned; and

(b) in order to restore the situation to normal—

(i) implement appropriate measures to remedy the situation as soon as possible; and

(ii) permit only those workers who are essential to the carrying out of repairs and other necessary work to work in the affected area.

(5) The employer shall provide workers who are permitted to work in an area affected by a relevant incident with appropriate protective clothing, personal protective equipment, specialised safety equipment and plant.

(6) The employer shall not permit unprotected persons to remain in, or to enter an area affected by a relevant incident.

(7) The employer shall take such measures as are necessary to provide the warning and other communication systems required—

(a) to signal an increased risk to health and safety;

(b) to enable an appropriate response to be made; and

(c) to enable remedial actions, assistance, escape and rescue operations to be launched immediately if necessary.

(8) The employer shall ensure that—

(a) information on emergency arrangements involving hazardous chemical agents is available;

(b) the relevant internal and external accident and emergency services have access to this information; and

(c) the information includes—

(i) advance notice of relevant work hazards, hazard identification arrangements, precautions and procedures and precautionary measures sufficient to enable the emergency services to prepare their own response procedures and precautionary measures; and

(ii) any available information concerning specific hazards arising, or likely to arise, at the time of a relevant incident, including information on procedures prepared under this regulation.

Information and training for workers U.K.

10.—(1) The employer shall ensure that workers or their representatives, or both, are provided with the information described in paragraph (2) and that the information is—

(a) provided in a manner, which may vary from oral communication to individual instructions and training supported by information in writing, appropriate to the nature and degree of risk revealed by the regulation 6(2) assessment; and

(b) updated to take account of changing circumstances.

(2) The information referred to in paragraph (1) is —

(a) the data obtained under regulation 6;

(b) information on the hazardous chemical agents occurring in a ship including the identity of those agents, the risks to health and safety, relevant occupational exposure limit values and relevant legislative provisions; and

(c) training and information on appropriate precautions and actions to be taken in order to safeguard workers on the ship.

(3) The employer shall ensure that workers or their representatives, or both, are given access to relevant safety data sheets provided by suppliers under [F2 Article 31 of and Annex II to the REACH Regulation].

(4) The employer shall ensure that the nature and any associated hazards of the contents of containers and pipes for hazardous chemical agents are clearly identifiable.

(5) The obligation in paragraph (4) is satisfied where containers or pipes are—

[F3 (a) marked in accordance with the CLP Regulation and Schedule 1, Part III to the Health and Safety (Safety Signs and Signals) Regulations 1996;or]

(b) the subject of a derogation from being so marked provided for in that legislation.

F4 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Words in reg. 10(3) substituted (31.12.2020) by The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1202), regs. 1(2), 9(5)(a); 2020 c. 1, Sch. 5 para. 1(1)

F3 Reg. 10(5)(a) substituted (31.12.2020) by The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1202), regs. 1(2), 9(5)(b); 2020 c. 1, Sch. 5 para. 1(1)

F4 Reg. 10(6) omitted (31.12.2020) by virtue of The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1202), regs. 1(2), 9(5)(c); 2020 c. 1, Sch. 5 para. 1(1)

Prohibited activities U.K.

11.—(1) Subject to paragraph(2), a person shall not undertake —

(a) the production, manufacture or use on a ship of the chemical agents set out in [F5 part (a) of Annex 1 of Merchant Shipping Notice 1888 (M+F)], or

(b) any activities set out in [F6 part (b) of Annex 1 of Merchant Shipping Notice 1888 (M+F)],

to the extent set out in that Annex.

(2) Subject to paragraphs (3) and (4) the Secretary of State may grant to a person an exemption from the prohibitions in paragraph (1) upon application by that person, but only—

(a) for the sole purpose of scientific research and testing, including analysis;

(b) for activities intended to eliminate chemical agents that are present in the form of by-products or waste products; or

(c) for the production of a chemical agent referred to in [F7 part (a) of Annex 1 of Merchant Shipping Notice 1888 (M+F)] for use as an intermediate, and for such use.

(3) The Secretary of State may not grant an exemption under paragraph (2) without first consulting the workers concerned or their representatives.

(4) The Secretary of State may not grant an exemption under paragraph (2) without having sufficient information to determine—

(a) the reason for requesting the exemption;

(b) the quantity of the chemical agent to be used annually;

(c) the activities and the reaction or processes involved;

(d) the number of workers who may be involved;

(e) the precautions envisaged to protect the health and safety of workers concerned; and

(f) the technical and organisational measures taken to prevent the exposure of workers.

(5) An exemption granted under paragraph (2)—

(a) is valid only if in writing;

(b) is valid only for the period, not exceeding four years, specified in the exemption;

(c) may be granted subject to such conditions as the Secretary of State sees fit; and

(d) may be withdrawn when the Secretary of State is satisfied, after consulting with the person to whom it is granted, that it is no longer justified.

(6) A person to whom an exemption under paragraph (2) is granted shall ensure that—

(a) no worker is exposed, in consequence of that exemption, to a chemical agent referred to in [F8 part (a) of Annex 1 of Merchant Shipping Notice 1888 (M+F)]; and

(b) F9 ... the production of a chemical agent referred to in [F10 part (a) of Annex 1 of Merchant Shipping Notice 1888 (M+F)] for use as an intermediate, and its first use as such, takes place in a single closed system from which that agent may be removed only to the extent necessary to monitor the process or service the system.

Textual Amendments

F5 Words in reg. 11(1)(a) substituted (31.12.2020) by The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1202), regs. 1(2), 9(6)(a); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in reg. 11(1)(b) substituted (31.12.2020) by The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1202), regs. 1(2), 9(6)(b); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in reg. 11(2)(c) substituted (31.12.2020) by The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1202), regs. 1(2), 9(6)(c); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in reg. 11(6)(a) substituted (31.12.2020) by The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1202), regs. 1(2), 9(6)(d); 2020 c. 1, Sch. 5 para. 1(1)

F9 Word in reg. 11(6)(b) omitted (5.4.2010) by virtue of The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Miscellaneous Amendments) Regulations 2010 (S.I. 2010/1110), regs. 1(2), 5

F10 Words in reg. 11(6)(b) substituted (31.12.2020) by The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1202), regs. 1(2), 9(6)(e); 2020 c. 1, Sch. 5 para. 1(1)

Health surveillance U.K.

12.—(1) This regulation does not apply where the results of the regulation 6(2) assessment reveal only a slight risk to the health and safety of workers and the measures taken in accordance with regulation 7 are sufficient to reduce that risk.

(2) The employer shall ensure that there are arrangements whereby workers for whom a regulation 6(2) assessment reveals a risk to health and safety are kept under appropriate health surveillance.

(3) For the purpose of paragraph (2) health surveillance is appropriate for a worker where —

(a) the exposure of the worker to a hazardous chemical agent is such that an identifiable disease or adverse health effect may be related to the exposure;

(b) there is a likelihood that the disease or the adverse health effect may occur under the particular conditions of the worker's work; and

(c) the technique of investigation is of low risk to workers.

(4) The employer shall ensure that valid techniques for detecting indications of the disease or the adverse health effect referred to in paragraph (3)(a) are available in respect of any chemical agent to which a worker may be exposed on a ship.

(5) Where a binding biological limit value has been established in respect of a hazardous chemical agent the employer shall not permit a person to work with that agent unless that person is the subject of health surveillance that accords with [F11 Annex 2 of Merchant Shipping Notice 1888 (M+F)].

(6) The employer shall inform workers of the requirement in paragraph (5) before they are assigned a task involving risk of exposure to the chemical agent in question.

(7) In cases where health surveillance is carried out, the employer shall ensure that individual health and exposure records are made and kept up to date.

(8) The employer shall ensure that every health and exposure record contains a summary of the results of health surveillance carried out and of any monitoring data representative of the exposure of the worker.

(9) Biological monitoring and related requirements may form part of health surveillance.

(10) The employer shall keep all health and exposure records in a form suitable for consultation at a later date, taking into account any requirements of confidentiality.

(11) The employer shall provide each worker on request with access to health and exposure records which concern that worker.

(12) The employer shall supply copies of health and exposure records to the Secretary of State on request.

(13) An employer who ceases to trade shall supply the health and exposure records of that employer's workers to the Secretary of State.

(14) Paragraphs (15) and (16) apply where, as a result of health surveillance—

(a) a worker is found to have an identifiable disease or adverse effect which is considered by a doctor or occupational health-care professional to be the result of exposure at work to a hazardous chemical agent; or

(b) a binding biological limit value in respect of a hazardous chemical agent is found to have been exceeded.

(15) The doctor or other suitably qualified person responsible for the carrying out of a worker's health surveillance shall inform that worker of the result of that health surveillance and provide the worker with information and advice as to health surveillance following the end of exposure.

(16) The employer shall —

(a) review the regulation 6(2) assessment;

(b) review the measures provided under regulations 7 and 8 to eliminate or reduce risks;

(c) take into account advice provided by a health-care professional or other suitably qualified person or the Secretary of State in implementing measures required to eliminate or reduce risk in accordance with regulation 8;

(d) consider the possibility of assigning the worker to alternative work; and

(e) arrange continued health surveillance and provide for a review of the health status of any other worker who has been similarly exposed.

Textual Amendments

F11 Words in reg. 12(5) substituted (31.12.2020) by The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1202), regs. 1(2), 9(7); 2020 c. 1, Sch. 5 para. 1(1)

Consultation with workers U.K.

13.  The employer shall consult workers or their representatives about matters covered by these Regulations in accordance with regulation 20 of the General Duties Regulations.

Duties of other persons U.K.

14.—(1) Where a person on whom a duty is imposed by any of the preceding provisions of these Regulations does not have control of the matter to which that provision relates because responsibility for the operation of the ship falls upon another person that duty also extends to any other person who has control of that matter.

(2) It is the duty of every worker performing activities to which these Regulations apply to—

(a) make full and proper use of all clothing and equipment provided by the employer to that worker in pursuance of these Regulations; and

(b) give effect to all instructions and training provided to that worker under regulation 10.