4.—(1) Subject to paragraphs (2) and (3), an employer shall ensure that employees are not exposed to electromagnetic field levels in excess of the ELVs.
(2) Exposure may exceed the sensory effect ELVs during work activities in respect of which the employer has taken the applicable safety measures set out in Schedule 1(1).
(3) Paragraph (1) does not apply in relation to—
(a)any activity in respect of which a suitable and sufficient exposure limitation system is in place, where that activity is carried out—
(i)by a person acting in the capacity of a member of either Her Majesty’s armed forces or a visiting force;
(ii)by any civilian working with such a person; or
(iii)on any premises or part of premises under the control of the Secretary of State for the purposes of the Ministry of Defence or the service authorities of a visiting force; or
(b)the development, testing, installation, use and maintenance of, or research related to, magnetic resonance imaging equipment for patients in the health sector, where—
(i)the exposure of employees to electromagnetic fields is as low as is reasonably practicable; and
(ii)employees are protected against any health effects and safety risks related to that exposure.
(4) In paragraph (2), “sensory effect ELVs” means the sensory effect ELVs set out in Part 2 of Schedule 1.
(5) In paragraph (3)(a)—
“Her Majesty’s armed forces” means the regular forces and the reserve forces as defined in section 374 of the Armed Forces Act 2006(2);
“service authorities” and “visiting force” have the meaning given in section 12 of the Visiting Forces Act 1952(3).
See paragraph 6 of Part 1 of Schedule 1
2006 c.52. The definition of “the reserve force” was amended by section 44 of the Defence Reform Act 2014 (c.20)
1952 c.67. The definition of “visiting force” was amended by paragraph 14 of Schedule 15 to the Criminal Justice Act 1988 (c.33)