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

Interpretation U.K.

2.—(1) In these Regulations—

“the Act” means the Merchant Shipping Act 1995;

“binding biological limit value” in relation to a chemical agent means the binding biological limit value established for that agent under Annex II to the Directive;

“binding occupational exposure limit value” in relation to a chemical agent means any binding occupational exposure limit value established for that agent in Annex I to the Directive;

“chemical agent” means any chemical element or compound, on its own or admixed, as it occurs in the natural state or as produced, used or released, including release as waste, by any work activity, whether or not produced intentionally, and whether or not placed on the market;

[F1 “the CLP Regulation” means Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC and amending Regulation (EC) No 1907/2006, of which Articles 6(5), 11(3), 12, 14, 18(3)(b), 23, 25 to 29, 35(2) second and third sub-paragraphs and Annexes I to VII are to be read as amended from time to time;]

“the Directive” means Council Directive 98/24/EC on the protection of the health and safety of workers from the risks related to chemical agents at work (fourteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) [F2 , as amended by Directive 2014/27/EU of the European Parliament and of the Council of 26 February 2014 amending Council Directives 92/58/EEC, 92/85/EEC, 94/33/EC, 98/24/EC and Directive 2004/37/EC of the European Parliament and of the Council in order to align them to Regulation (EC) No 1272/2008 on classification, labelling and packaging of substances and mixtures];

“document EH40” means the document by that number published by the Health and Safety Executive from time to time M1 ;

“employer” means a person by whom a worker is employed on a ship under a contract of employment;

“exposure” means exposure at work to chemical agents;

“Government ship” has the meaning given by section 308(4) of the Act;

“the General Duties Regulations” means the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997 M2 ;

[F3 “hazardous chemical agent” means—

(a)

any chemical agent which meets the criteria for classification as hazardous within any physical and/or health hazard class laid down in [F4 Annex I to] the CLP Regulation, whether or not that chemical agent is classified under that Regulation; or

(b)

any chemical agent which, whilst not meeting the criteria for classification as hazardous in accordance with sub-paragraph (a) may, because of its physico-chemical, chemical or toxicological properties and the way it is used or is present on the ship, presents a risk to the safety and health of workers, including any chemical agent that is assigned [F5 a national occupational exposure limit value];]

“health and safety” includes the occupational health and safety of persons whilst on board a ship and whilst boarding or leaving the ship;

“health surveillance” means the assessment of an individual worker to determine the state of health of that individual, as related to exposure to specific chemical agents at work;

“MCA” means the Maritime and Coastguard Agency, an executive agency of the Department for Transport;

“Merchant Shipping Notice” means a notice described as such and issued by the MCA;

[F6 “national occupational exposure limit value” in relation to a chemical agent means any workplace exposure limit established for that agent in document EH40];

“occupational exposure limit value” in relation to a chemical agent means the binding occupational exposure limit value or the national occupational exposure limit value established for that agent, whichever is the more stringent;

[F7 “the REACH Regulation” means Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency;]

“regulation 6(2) assessment” has the meaning given by regulation 6(7);

“representative” in relation to workers means any person lawfully elected, chosen or designated to represent the workers in regard to issues about the health and safety of workers at work;

[F8 “safety data sheet” means a safety data sheet within the meaning of Article 31 of and Annex II to the REACH Regulation;]

“ship” includes hovercraft;

“substance” means any natural or artificial substance whether in solid or in liquid form or in the form of a gas or vapour and includes micro-organisms;

“surveyor of ships” has the meaning given by section 256(9) of the Act; and

“United Kingdom ship” means a ship which—

(a)

is a United Kingdom ship within the meaning of section 85(2) of the Act M3 ;

(b)

is a Government ship; or

(c)

is a hovercraft registered under the Hovercraft Act 1968 M4 .

(2) In these Regulations any reference to an Annex to the Directive is a reference to that Annex [F9 as it had effect immediately before IP completion day].

(3) Subject to paragraph (1) and regulation 3, words and expressions used in these Regulations have the same meaning as in the Directive.

(4) In the application of these Regulations to a hovercraft, a reference to the master of a ship includes a reference to the captain of that hovercraft.

Textual Amendments

F1 Words in reg. 2(1) inserted (1.6.2015) by The Classification, Labelling and Packaging of Chemicals (Amendments to Secondary Legislation) Regulations 2015 (S.I. 2015/21), regs. 1(3), 20(2)(a)

F2 Words in reg. 2(1) added (1.6.2015) by The Classification, Labelling and Packaging of Chemicals (Amendments to Secondary Legislation) Regulations 2015 (S.I. 2015/21), regs. 1(3), 20(2)(b)

F3 Words in reg. 2(1) substituted (1.6.2015) by The Classification, Labelling and Packaging of Chemicals (Amendments to Secondary Legislation) Regulations 2015 (S.I. 2015/21), regs. 1(3), 20(2)(c)

F4 Words in reg. 2(1) inserted (31.12.2020) by The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1202), regs. 1(2), 9(2)(a)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in reg. 2(1) substituted (31.12.2020) by The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1202), regs. 1(2), 9(2)(a)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in reg. 2(1) substituted (31.12.2020) by The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1202), regs. 1(2), 9(2)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in reg. 2(1) inserted (31.12.2020) by The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1202), regs. 1(2), 9(2)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in reg. 2(1) inserted (31.12.2020) by The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1202), regs. 1(2), 9(2)(a)(iv); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in reg. 2(2) substituted (31.12.2020) by The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1202), regs. 1(2), 9(2)(b) (as amended by S.I. 2020/1000, regs. 1, 2); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M1 The latest version of document EH40 is document EH40/2005 (ISBN 0-7176-2981-3). Table 1, which sets out workplace exposure limits, was updated in October 2007 and is available on the HSE website – www.hse.gov.uk/coshh/index.htm

M2 S.I. 1997/2962, amended by S.I. 1998/2411 and 2001/54.

M3 The British Overseas Territories Act 2002 (c.8), section 2(3), makes a non-textual amendment to section 85(2) of the Act.

M4 1968 c. 59.