The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Miscellaneous Amendments) (EU Exit) Regulations 2018

Amendment of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Chemical Agents) Regulations 2010

9.—(1) The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Chemical Agents) Regulations 2010(1) are amended as follows.

(2) In regulation 2 (interpretation)—

(a) in paragraph (1) —

(i) in the definition of “hazardous chemical agent”—

(aa) after the words “hazard class laid down in” insert “Annex I to”; and

(bb) for “an occupational exposure limit value under Article 3 of the Directive” substitute “a national occupational exposure limit value”,

(ii) for the definition of “national occupational exposure limit value” substitute—

““national occupational exposure limit value” in relation to a chemical agent means any workplace exposure limit established for that agent in document EH40(2)”,

(iii) after the definition of “occupational exposure limit value” insert—

““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;”, and

(iv) after the definition of “representative” insert—

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

(b) in paragraph (2) for “as amended from time to time” substitute “as it had effect immediately before exit day”.

(3) In regulation 5 (application of related legislation)—

(a) for paragraph (2)(a) substitute—

“(a) any provisions for the protection of workers from ionising radiation;”; and

(b) for paragraph (3) substitute—

“(3) In this regulation—

(a) “IBC Code” and “IGC Code” have the same meaning as in the Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk) Regulations 2018(3); and

(b) “IMDG Code” has the same meaning as in the Dangerous Goods in Harbour Areas Regulations 2016(4).”.

(4) In regulation 6 (assessment of health risks) in paragraph (3) omit “and, where appropriate, that information shall comprise the specific assessment concerning the risk to users established on the basis of EU legislation on chemical agents”.

(5) In regulation 10 (information and training for workers)—

(a) in paragraph (3) for “regulation 5 of the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002” substitute “Article 31 of and Annex II to the REACH Regulation”,

(b) for paragraph (5)(a) substitute—

“(a) marked in accordance with the CLP Regulation and Schedule 1, Part III to the Health and Safety (Safety Signs and Signals) Regulations 1996(5);or”, and

(c) omit paragraph (6).

(6) In regulation 11 (prohibited activities)—

(a) in paragraph (1)(a) for “part (a) of Annex III to the Directive” substitute “part (a) of Annex 1 of Merchant Shipping Notice 1888 (M+F)”,

(b) in paragraph (1)(b) for “part (b) of that Annex” substitute “part (b) of Annex 1 of Merchant Shipping Notice 1888 (M+F)”,

(c) in paragraph (2)(c) for “part (a) of Annex III to the Directive” substitute “part (a) of Annex 1 of Merchant Shipping Notice 1888 (M+F)”,

(d) in paragraph (6)(a) for “part (a) of Annex III to the Directive” substitute “part (a) of Annex 1 of Merchant Shipping Notice 1888 (M+F)”, and

(e) in paragraph (6)(b) for “part (a) of Annex III to the Directive” substitute “part (a) of Annex 1 of Merchant Shipping Notice 1888 (M+F)”.

(7) In regulation 12(5) (health surveillance) for “Annex II to the Directive” substitute “Annex 2 of Merchant Shipping Notice 1888 (M+F)”.

(1)

S.I. 2010/330, amended by S.I. 2012/1844, 2015/21.

(2)

The document EH40 published in 2013 by the Health and Safety Executive may be downloaded from http://www.hse.gov.uk/pUbns/priced/eh40.pdf and a copy may be obtained by writing to Health and Safety Executive Books at PO Box 1999, Sudbury, Suffolk CO10 2WA or via https://books.hse.gov.uk.

(3)

S.I. 2018/68.

(4)

S.I. 2016/721, to which there are amendments not relevant to these Regulations.

(5)

S.I. 1996/341, amended by S.I. 2015/21; there are other amending instruments but none is relevant.