Home Resources Legal Updates November 2016

The Merchant Shipping and Fishing Vessels Regulations 2016

23 November 2016

These Regulations implement: Directive 2013/35/EU 
Who does this affect: UK
When does this change take place: 21st November 2016

The Regulations require employers to carry out an assessment of the potential exposure of workers to electromagnetic fields (regulation 6) and the risks arising out of such exposure (regulation 9), unless prior to these Regulations coming into force the employer had already made an assessment that would have complied with the requirements for such assessments.

Employers are required to make and implement an action plan to ensure workers are not exposed to electromagnetic field levels in excess of the exposure limit values (regulation 8). Employers are required to ensure, as far as reasonably practicable, that any risks identified are eliminated or reduced to a minimum (regulation 10).

Employers are also required to provide workers with relevant information and training (regulation 19). Employers are required to ensure health surveillance and medical examinations are provided as appropriate (Regulation 20).

There are provisions for enforcement (regulations 11 to 17) and a provision prohibiting the levying of a charge on a worker for anything done under the Regulations (regulation 18). The duties of employers under these Regulations are extended to other persons who have control of the matter (Regulation 22). The Secretary of State may exempt employers from having to comply with the exposure limit values in respect of one or more work activities, providing the exemption is limited in time and subject to prescribed safety conditions (Regulation 23). The provisions of these Regulations are extended to seafarers (Regulation 24).

The Secretary of State must review the operation and effect of the Regulations and publish a report within 5 years after they come into force and every five years after that. Following a review, it will fall to the Secretary of State to consider whether the Regulations should continue in force with or without amendment. A further instrument would be needed to revoke the Regulations (Regulation 25).

Full text available here:   http://legislation.data.gov.uk/uksi/2016/1026/made/data.pdf
Source:  http://legislation.data.gov.uk/uksi/2016/1026/made/data.pdf
Acknowledgement:  Contains public sector information licensed under the Open Government Licence v3.0.