The Control of Electromagnetic Fields at Work Regulations (Northern Ireland) 2016

EXPLANATORY NOTE

(This note is not part of the Regulations)

1.  These Regulations implement, as respects Northern Ireland, Directive 2013/35/EU of the European Parliament and of the Council (OJ No L 179, 29.6.2013, p1-21) on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (electromagnetic fields) (20th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) and repealing Directive 2004/40/EC.

2.  Part 2 sets out the main duties placed on employers under the Regulations. Part 3 sets out supplementary duties and gives the Health and Safety Executive for Northern Ireland (“the Executive”) limited powers to exempt employers from specific duties. Schedule 1 provides more specific details on how employers are to comply with their duties.

3.  The main duties and provisions in Parts 2 and 3 of these Regulations are as follows—

(a) all employers must ensure that, except in circumstances prescribed by the Regulations or where permitted under an exemption issued by the Executive, employees are not exposed to electromagnetic field levels in excess of the prescribed exposure limits (regulation 4(1)). These limits are contained in Part 2 of Schedule 1;

(b) all employers must assess the levels of electromagnetic fields to which their employees may be exposed (regulation 5(1));

(c) all employers must, except in the circumstances prescribed by regulation 6—

(i) make and implement an action plan to reduce exposure levels (regulation 7(1)); and

(ii) assess the risks posed to employees by their exposure to electromagnetic fields (regulation 8(1));

(d) where employers are required to assess the risks of exposure to electromagnetic fields, they must—

(i) ensure that any risks identified in that assessment are eliminated or reduced to a minimum (regulation 9(1)); and

(ii) provide information and training to employees likely to be subjected to the risks identified in that assessment (regulation 10);

(e) all employers must, in the circumstances prescribed by regulation 11(1), ensure that health surveillance and medical examinations are provided as appropriate;

(f) the Executive may exempt employers from having to comply with the exposure limits in respect of one or more work activities (regulation 13(1)). An exemption must be limited in time and subject to prescribed safety conditions.

4.  In Great Britain the corresponding Regulations are the Control of Electromagnetic Fields at Work Regulations 2016 (S.I. 2016/588). The Great Britain Health and Safety Executive has prepared a full impact assessment in relation to those Regulations. A copy of that assessment together with a Northern Ireland supplement prepared by the Health and Safety Executive for Northern Ireland is held at the offices of that Executive at 83 Ladas Drive, Belfast, BT6 9FR, from where a copy may be obtained on request. A copy of the transposition note in relation to the implementation of the Directive can also be obtained from the same address. Copies of both of these documents are annexed to the Explanatory Memorandum which is available alongside these Regulations at www.legislation.gov.uk.

5.  A person who contravenes the Regulations is guilty of an offence under Article 31 of the Health and Safety at Work (Northern Ireland) Order 1978 and is liable—

(a) on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding £20,000, or both; or

(b) on conviction on indictment to imprisonment for a term not exceeding two years, or a fine, or both.