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

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement, in relation to United Kingdom ships (as defined by regulation 2), Council Directive 98/24/EC on the protection of the health and safety of workers from the risks related to chemical agents at work (Official Journal No. L 131, 5.5.1998, p. 11). Directive 98/24/EC is an individual Directive within the meaning of Article 16(1) of Directive 89/395/EEC on the introduction of measures to encourage improvements in the health and safety of workers at work.

Regulations 2 and 3 set out meanings for terms used in the regulations.

Regulations 4 and 5 set out the precise application of the Regulations and apply certain regulations also to non-United Kingdom ships when they are in UK waters.

In the case of an activity likely to involve the risk of exposure to hazardous chemical agents regulation 6 imposes particular duties on an employer in relation to the risk assessment which the employer is required to carry out under regulation 7 of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997 (S.I. 1997/2962).

Regulations 7 and 8 place employers under general duties in relation to the elimination or reduction of such risks and require specific protection and prevention measures where replacement of the chemical agent is not possible.

Regulation 9 places an employer under a general obligation to establish safety procedures in the event accidents occur.

Regulation 10 specifies the information and training that employers must provide for workers.

Regulation 11 places an obligation on persons, subject to possible exemption, not to undertake the production or use of certain chemical agents or certain work activities on a ship.

Under regulation 12, where an assessment under regulation 6 reveals a risk to health, the employer must ensure that the workers concerned are kept under health surveillance. Regulation 12 also makes detailed provision as to such surveillance.

Regulation 13 imposes a general duty on employers to consult with workers or their representatives about matters covered by these Regulations.

Regulation 14 prescribes other persons whose duty it is to comply with the provisions of the Regulations and requires workers to make proper use of protective clothing and equipment and to give effect to instructions and training.

Regulations 15 to 22 concern offences, penalties, inspection, detention of ships and compensation for wrongful detention.

Regulation 23 prohibits the levying of any charge on a worker in respect of anything done or provided in pursuance of any specific requirement of these Regulations.

These Regulations are made under powers contained in the Merchant Shipping Act 1995, except in respect of their application to Government ships (regulation 2(1)) where the power is provided by section 2(2) of the European Communities Act 1972.

A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Maritime and Coastguard Agency, Spring Place, 105 Commercial Road, Southampton SO15 1EG (telephone number 02380 329100). A copy of that assessment is annexed to the Explanatory Memorandum which is available on the Office of Public Sector Information website – www.opsi.gov.uk. A copy of the Transposition Note is also available from the Maritime and Coastguard Agency.

A copy of both the impact assessment and the Transposition Note has been placed in the Library of each House of Parliament.

Merchant Shipping Notices are published by the MCA and copies may be obtained from M-Notices Subscriptions, PO Box 362, Europa Park, Grays, Essex RM17 9AY (telephone number 01375 484 54; fax [phone]; email orders [e-mail]). A copy may also be downloaded from http://www.mcga.gov.uk. That website also has details of any amendments or replacements.

Copies of the IBC, IGC and IMDG Codes can be obtained from the offices of the International Maritime Organisation at 4 Albert Embankment, London SE1 7SR.

Copies of the European Agreement concerning the International Carriage of Dangerous Goods by Inland Waters can be obtained from The Stationery Office via their online bookshop -www.tso.co.uk. Their customer services telephone number is 0870 600 5522.

Copies of the Regulation for the Carriage of Dangerous Substances on the Rhine can be obtained (in German and French languages only) from the offices of the Central Commission for Navigation on the Rhine, Palais du Rhin, 2 Place de la Republique, 67082 Strasbourg Cedex. Telephone number 0033 388 522 010. Fax number 0033 388 321 072. Email ccnr-zkr.org. A copy may also be downloaded from http://www.ccr-zkr.org/ in German, French and Dutch languages.