The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Electromagnetic Fields) Regulations 2016

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 Directive 2013/35/EU(1) of 26th June 2013 on the minimum health and safety requirements regarding the exposure of workers to risks arising from physical agents (electromagnetic fields) (20th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC(2)) and repealing Directive 2004/40/EC(3). This Directive has been implemented in respect of other workers by the Control of Electromagnetic Fields at Work Regulations 2016(4).

The Regulations apply to United Kingdom ships as defined in regulation 2, and, as respects regulations 4, 14 and 16 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 exposure to electromagnetic fields (regulation 5) and apply exposure limit values. They impose obligations on employers and other persons who have control of matters to which the Regulations relate (regulations 6 to 10 and 18 to 21).

The Regulations require employers to carry out an assessment of the potential exposure of workers to electromagnetic fields (regulation 6) and the risks arising out of such exposure (regulation 9), unless prior to these Regulations coming into force the employer had already made an assessment that would have complied with the requirements for such assessments. Employers are required to make and implement an action plan to ensure workers are not exposed to electromagnetic field levels in excess of the exposure limit values (regulation 8). Employers are required to ensure, as far as reasonably practicable, that any risks identified are eliminated or reduced to a minimum (regulation 10). Employers are also required to provide workers with relevant information and training (regulation 19). Employers are required to ensure health surveillance and medical examinations are provided as appropriate (Regulation 20). There are provisions for enforcement (regulations 11 to 17) and a provision prohibiting the levying of a charge on a worker for anything done under the Regulations (regulation 18). The duties of employers under these Regulations are extended to other persons who have control of the matter (Regulation 22). The Secretary of State may exempt employers from having to comply with the exposure limit values in respect of one or more work activities, providing the exemption is limited in time and subject to prescribed safety conditions (Regulation 23). The provisions of these Regulations are extended to seafarers (Regulation 24). The Secretary of State must review the operation and effect of the Regulations and publish a report within 5 years after they come into force and every five years after that. Following a review, it will fall to the Secretary of State to consider whether the Regulations should continue in force with or without amendment. A further instrument would be needed to revoke the Regulations (Regulation 25).

An impact assessment of the effect of these Regulations on the cost to 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 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 website, www.legislation.gov.uk.

(1)

OJ L 179, 29.6.2013, p.1.

(2)

OJ L 183, 29.6.1989, p.1.

(3)

OJ L 159, 30.4.2004, p.1.

(4)

S.I. 2016/588.