Dear Sir/Madam
CONSULTATION ON PROPOSALS TO IMPLEMENT, BY MEANS OF MERCHANT SHIPPING AND FISHING VESSEL REGULATIONS, EC DIRECTIVE 2006/25/EC ON THE PROTECTION OF THE HEALTH AND SAFETY OF WORKERS FROM THE RISKS ARISING FROM EXPOSURE TO PHYSICAL AGENTS (ARTIFICIAL OPTICAL RADIATION) AT WORK
1.This consultation letter seeks your views on the Maritime and Coastguard Agency’s (MCA) proposals for implementing EC Directive 2006/25/EC (the “Optical Radiation Directive”), which introduced provisions intended to improve the health and safety of workers potentially at risk as a result of exposure to artificial optical radiation at work, by means of new Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Artificial Optical Radiation) Regulations 2010 (the “Optical Radiation Regulations”). This Directive is also in the process of being implemented by the Health and Safety Executive and Health and Safety Executive (Northern Ireland) in respect of land based workers and the proposed maritime Optical Radiation Regulations are necessary to complete the United Kingdom’s implementation of this Directive.
What is Artificial Optical Radiation
2.Artificial Optical Radiation effectively means light from sources other than the sun e.g. light bulbs, arc welding, photocopying, sun beds etc. Such light includes not only ordinary visible light such as that emanating from ordinary light bulbs, traffic signals, TV and PC screens but also Infra-Red light such as in heating and drying and Ultra-Violet light used in sunbeds and sterilisers.
What are the Risks resulting from Exposure to Artificial Optical Radiation
3.There are inherent risks resulting from exposure to any form of Artificial Optical Radiation and this can result in damage to both eyes and skin. Under normal usage exposure to “visible light” (such as that emanating from normal light bulbs) is unlikely to cause harm. However exposure to more powerful forms of visible light can result in photo-retinal damage to the eyes or even retinal burns. Burns to the skin are also possible. Photo-retinal damage to the eyes is also possible as a result of exposure to ultra violet light as are photo-keratitis, photo-conjunctivitis and even cataracts. Skin damage can range from Erythema and Elastosis to Skin Cancer. In the case of Infra-Red light exposure can result in retinal and corneal burns to the eyes or even cataracts but skin damage is likely to be limited to burns.
4.The Optical Radiation Directive builds on the requirements of Directive 89/391/EEC (the “Framework Directive”) which introduced general measures to encourage improvements in the safety and health of workers at work. The Framework Directive was implemented for the maritime sector by the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997 (as amended) (SI 1997/2962) (the “General Duties Regulations”) which require employers to assess risks to their employees from the carrying out of their work. Where a risk is identified, an employer is required to take appropriate measures to either remove that risk completely or, where this is not possible, reduce the risk so far as is reasonably practicable. The draft Optical Radiation Regulations build on these requirements by introducing specific requirements relating to artificial optical radiation. As with previous health and safety measures the draft Optical Radiation Regulations apply to persons employed on all seagoing vessels, including hovercraft and fishing vessels, as well as those on inland waterways vessels.
Summary of the Provisions
5. The provisions of the Optical Radiation Regulations are similar in form to other Regulations introduced to implement EC Health and Safety Directives but their content is directed towards the risks arising from exposure to artificial optical radiation. The Regulations require amongst other things:
that the risk assessment, which employers are required to carry out under the General Duties Regulations, takes account of
6.Standard enforcement and penalty provisions are included in the draft Regulations.
Guidance
7.A draft Marine Guidance Note giving a general outline of the provisions of the draft Regulations and giving advice on other sources of information which may be helpful in implementing and applying them has been produced. It is, however, not an authoritative interpretation of the Regulations as such an interpretation can only be given by the courts.
8.Also attached is a draft of “A Non-Binding Guide to the Artificial Optical Radiation Directive which is funded by the EC and is being produced by the Radiation Protection Division of the UK Health Protection Agency. The Guide is primarily intended to assist employers, and in particular small and medium-sized enterprises by enabling those sources of artificial optical radiation that are safe or not safe to be readily identified. Where such sources are “safe” according to the guide further action is unlikely to be required. Where however sources are “not safe” the guide provides information on the measures that should be taken.
Consultation package
9. Accompanying this letter is a consultation package on the Artificial Optical Radiation Directive containing the following documents:
Annex A: Directive 2006/25/EC - the “Artificial Optical Radiation Directive”
Annex B: Draft Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Artificial Optical Radiation) Regulations 2010
Annex C: Draft Marine Guidance Note on the Artificial Optical Radiation Regulations
Annex D: Draft Impact Assessment (IA) for the Artificial Optical Radiation Regulations
Annex E Draft Explanatory Memorandum and Transposition Note
Annex F: Code of Practice on Consultation
Annex G: List of Consultees
Annex H Customer Feedback Form
Annex I Draft EC Non-Binding Guide to the Artificial Optical Radiation Directive
Invitation to comment
10.Your views on the consultation package are invited. In particular:
DRAFT REGULATIONS
Do you consider that, as drafted, the proposed Artificial Optical Radiation Regulations appropriately cover the requirements of the Artificial Optical Radiation Directive?
DRAFT MARINE GUIDANCE NOTE
Is the content of the draft Marine Guidance Note appropriate? If you consider that amended, additional or different guidance would be helpful, please provide specific suggestions and details of how you consider this could be achieved.
All new legislation is now required to be accompanied by an Impact Assessment which sets out the potential additional costs and benefits likely to arise from its introduction. In producing the Impact Assessment at Annex D we have sought to identify the nature and extent of the risks arising from artificial optical radiation and the additional costs and potential benefits that arise from the proposed Regulations. In order that a more robust, quantified assessment can be produced it would however be appreciated if you could provide responses to the following questions:-
(a)are your existing practices already in line with the proposed new artificial optical radiation requirements? If not, how many hours of training will be necessary to meet the requirements and at what overall cost?
(b )is equipment on your vessels, which produces artificial optical radiation, in compliance with the proposed new artificial optical radiation requirements? If not, what changes do you envisage being required and at what overall cost?
(c) what other changes, if any, do you see being required to enable you to comply with the new requirements and at what overall costs?
(d) do you foresee any potential benefits arising from the new requirements? If so, what do you envisage the financial result of such benefits to be?
To facilitate the production of the quantified risk assessment referred to above, it would be appreciated if your responses could be provided under the following headings:-
(A )COSTS
(B) BENEFITS
(C) ANNUAL COST PER ORGANISATION (excluding one-off)
In producing a figure for annual costs per organisation it will be necessary for us to separate the responses, together with any cost figures supplied, into the relevant business size category i.e. “Micro” (0 - 9 employees); “Small” (10 - 49 employees); “Medium” (50 - 249 employees) and “Large” (250 + employees). It would be appreciated therefore if, when submitting cost or benefit figures or even confirming that no costs or benefits arise, you could also advise which business size category your organisation fits into.
Your assistance in providing these figures would be greatly appreciated. In the event that cost/benefit information is not provided it will be assumed that you do not envisage that the proposed Regulations will result in any additional costs or benefits for your organisation.
11.Comments on these points and any other comments you wish to make should be provided in writing by post, fax or email to:-
Sharon Judge
Deputy Manager (Health and Safety)
Seafarer Safety and Health Branch
Maritime & Coastguard Agency
Bay 1/29 Spring Place
105 Commercial Road
Southampton
SO15 1EG
Tel: 023 8032 9328
Fax: 023 8032 9251
Email: sharon.judge@mcga.gov.uk
to arrive no later than 30th June 2010.
12. Information provided in response to this consultation, including personal information, may be published or disclosed in accordance with the access to information regimes. These are primarily the Freedom of Information Act 2000 (FOIA), the Data Protection Act 1998 (DPA) and the Environmental Information Regulations 2004.
13. If you want the information that you provide to be treated as confidential please be aware that, under the FOIA, there is a statutory Code of Practice with which public authorities must comply and which deals, amongst other things, with obligations of confidence. In view of this it would be helpful if you could explain to us why you regard the information you have provided as confidential. If we receive a request for disclosure of the information we will take full account of your explanation, but we cannot give an assurance that confidentiality can be maintained in all circumstances. An automatic confidentiality disclaimed generated by your IT system will not, of itself, be regarded as binding on the MCA.
14. The MCA will process your personal data in accordance with the Data Protection Act and in the majority of circumstances this will mean that your personal data will not be disclosed to third parties.
15. In the light of any comments received, the draft Regulations and MGN will be reviewed with the aim of finalising them by late summer, and their coming into force as soon as possible after that (probably the next common commencement date on 1 October 2010).
16. If your address details require any amendment, or you consider there are other persons who should be consulted or if you do not wish in the future to be consulted on the implementation of EC Health and Safety Directives, please could you advise Sharon accordingly.
17 This consultation is being conducted in accordance with HM Government’s Code of Practice on Consultation (see Annex “F”). If you have any complaints or comments about the way this consultation has been conducted, please contact:
Timothy Grabham
Consultation Coordinator
Office of the Chief Executive
MCA
Bay 3/29, Spring Place
105 Commercial Rd
Southampton
SO15 1EG
Tel: +44 (0) 2380 329 469
Fax: +44 (0) 2380 329 105
Email: consultation.coordinator@mcga.gov.uk
18 Electronic versions of the consultation documents can be found on the MCA Website using the following address http://www.mcga.gov.uk/c4mca/mcga07-home/shipsandcargoes/consultations/mcga-currentconsultations.htm. This will open up the "Current Consultations" page on which is listed the consultation on "Artificial Optical Radiation”.
Yours faithfully
Julie Carlton
Head of Seafarer Safety and Health Branch