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

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.