UK Offence Report

The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Artificial Optical Radiation) Regulations 2010

UK Statutory Instrument 2010 No. 2987 — creates 4 criminal offences.

4offences created
0recorded in force
0revoked
Made
14 December 2010
In force from
10 January 2011
Extent
Not stated
Subject
Corporate, financial services, company law, employment, charity, electoral and tax
Made under
2006/25/EC, 89/391/EEC, European Communities Act 1972, Merchant Shipping Act 1995

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

In relation to workers on United Kingdom ships, and other ships while in United Kingdom waters, these Regulations implement Council Directive 2006/25/EC of 5 April 2006, (O.J. L. No. 114, 27.4.2006, p. 38) on the minimum health and safety requirements regarding the exposure of workers to risks arising from physical agents (artificial optical radiation) (nineteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC (O.J. L. No. 42, 15.2.2003, p. 38)). This Directive has been implemented in respect of land-based workers by the Control of Artificial Optical Radiation at Work Regulations 2010 (S.I. 2010/1140). The Regulations apply to United Kingdom ships as defined in regulation 2, and, as respects regulations 5, 15 and 17 only, to other ships while in United Kingdom waters. They apply to activities in which workers on ships are or are likely to be exposed to risks arising from artificial optical radiation (regulation 4) and apply exposure limit values. They impose obligations on employers, workers and other persons who have control of matters to which the Regulations relate (regulations 6 to 11). The Regulations require employers to carry out an assessment of risk before work is carried out which could expose workers to levels of artificial optical radiation that create a reasonably foreseeable risk of adverse health effects (regulation 6). Principles are set out in order that the risk of exposure may be eliminated or reduced to a minimum, to ensure that workers are not exposed to optical radiation in excess of the exposure limit values (regulation 7). Provision is made for information and training for workers, health surveillance and the consultation of workers (regulations 8 to 10). There is provision for enforcement (regulations 12 to 18). Levying a charge on a worker for anything done under the Regulations is prohibited (regulation 19). These Regulations are made under the powers in section 85 and 86 of the Merchant Shipping Act 1995 except in respect of their application to Government ships, where the power is provided by section 2(2) of the European Communities Act 1972. Merchant Shipping Notices can be read or downloaded free from the Maritime and Coastguard Agency website (www.mcga.gov.uk). Printed copies can be obtained from M-Notices Subscriptions, PO Box 362, Europa Park, Grays, Essex, RM17 9AY (telephone number 01375 484548, fax number 01375 484556 and email mnotices@ecgroup.co.uk) An impact assessment of the effect of these Regulations on the cost of business has been prepared and copies can be obtained from the Maritime and Coastguard Agency, Spring Place, 105 Commercial Road, Southampton, SO15 1EG. A copy has been placed in the library of each House of Parliament. A copy of the Transposition Note is also available from the Maritime and Coastguard Agency. These documents are also annexed to the Explanatory Memorandum which is available on the Office of Public Sector Information website (http://www.opsi.gov.uk).

Offences created by this instrument

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

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