ANNEX E
DRAFT EXPLANATORY MEMORANDUM TO
THE MERCHANT SHIPPING AND FISHING VESSEL (HEALTH AND SAFETY AT WORK)
(ARTIFICIAL OPTICAL RADIATION) REGULATIONS 2010
S.I. 2010 No. XXX
1. This explanatory memorandum has been prepared by the Maritime and Coastguard Agency and is laid before Parliament by Command of Her Majesty.
2. Description
2.1 These Regulations do what is necessary to complete implementation of Directive 2006/25/EC of the European Parliament and Council of 5 April 2006 on the introduction of measures to protect workers from risks related to exposure to physical agents (artificial optical radiation) at work, by extending to the maritime sector the duty on employers to reduce the risk to their employees’ health resulting from exposure to artificial optical radiation at work. Regulations [to be] introduced by the Health and Safety Executive and the Health and Safety Executive (Northern Ireland) [will implement] [have already implemented] the Directive for land based workers.
3. Matters of special interest to the Joint Committee on Statutory Instruments
3.1 None.
4. Legislative Context
4.1 Council Directive 89/391/EEC (the “Framework Directive”) introduced general measures to encourage improvements in the safety and health of workers at work and was implemented by the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997 (SI 1997/2962) (the “General Duties” Regulations).
4.2 Directive 2006/25/EC of 5 April 2005 (the nineteenth individual directive within the meaning of Article 16(1) of the Framework Directive) introduced minimum health and safety requirements regarding the exposure of workers to risks arising from physical agents (artificial optical radiation).
4.3 The requirements of Directive 2006/25/EC build on the general safety and health provisions contained in the Framework Directive, and are to be implemented for workers in the maritime sector by means of the Merchant Shipping and Fishing Vessel (Health and Safety at Work) (Artificial Optical Radiation) Regulations 2010. Regulations to implement Directive 2006/25/EC for land-based workers are to be introduced by the Health and Safety Executive (HSE) and the Health and Safety Executive (Northern Ireland)
(HSE(NI)) in order to complete the United Kingdom’s implementation of this Directive.
5. Territorial Extent and Application
5.1 This instrument applies to all United Kingdom ships whether in the United Kingdom or anywhere else in the world, to all seafarers on such vessels irrespective of nationality, ethnic origin, religion, gender etc. They also apply to non-UK ships when in UK waters.
6. European Convention on Human Rights
6.1 As the instrument is subject to negative resolution procedure and does not amend primary legislation, no statement is required.
7. Policy background
7.1 The Merchant Shipping and Fishing Vessel (Health and Safety at Work) (Artificial Optical Radiation) Regulations 2010 will, together with the related HSE and HSE(NI) Regulations, fully implement, for workers in the UK, Directive 2006/25/EC concerning the introduction of minimum safety and health requirements for the protection of workers from risks related to exposure to artificial optical radiation at work. A Transposition Note is at Annex 1. As mentioned above, corresponding Regulations are in the process of being produced for land based workers. It is therefore necessary to make these Regulations to ensure application of the Directive to workers in the Merchant Shipping and Fishing Sectors to avoid disparity of regulatory coverage between land based workers and those working on ships. This is especially the case at the water margin, i.e. in dock and port areas, where land based workers (e.g. stevedores and other dock workers) could be working on board a ship alongside members of the crew.
7.2 The policy objective of Directive 2006/25/EC is to protect the health of workers from the risks arising from exposure to artificial optical radiation. Artificial optical radiation in this context effectively means light in any artificially produced form as opposed to that occurring naturally such as sun light. However not all artificial optical radiation is hazardous and the Directive’s purpose is to protect workers from the hazardous forms of artificial optical radiation such as that occurring when welding is undertaken or lasers are used..
7.3 No legislation, other than a general requirement to safeguard health and safety contained in the General Duties Regulations, previously existed to protect of workers in the maritime sector from the risks to their health and safety arising from exposure to asbestos at work. There is therefore no scope for consolidation of existing legislation.
8.Consultation outcome
8.1 Formal consultation has yet to be undertaken
9.Guidance
9.1.In line with usual practice a Marine Guidance Note, produced by the Maritime and Coastguard Agency, will be issued to industry and will provide guidance on the requirements of the Merchant Shipping and Fishing Vessel (Health and Safety at Work) (Artificial Optical Radiation) Regulations 2010. Further guidance will be included in the “Code of Safe Working Practices for Merchant Seamen published by The Stationery Office. The EC are also in the process of producing a “Non-Binding Guide to the Artificial Optical Radiation Directive” which will contain detailed guidance on the requirements of the Directive and how to meet them.
10. Impact
10.1 Whilst virtually all workers in the maritime sector are likely to be exposed to artificial optical radiation in some form or other, the overall impact on business, charities or voluntary bodies is considered likely to be low as the existing Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997 already require risk assessments to be undertaken, and appropriate measures to be taken to alleviate any risks identified. The Merchant Shipping and Fishing Vessel (Health and Safety at Work) (Artificial Optical Radiation) Regulations 2010 build on the requirements of those earlier Regulations by introducing provisions specifically relating to Artificial Optical Radiation.
10.2The impact on the public sector is considered to be minimal as reviewing the application of the provisions of the Regulations on ships will be carried out as part of MCA’s normal survey regime.
10.3 An Impact Assessment is attached to this memorandum at Annex 2
11. Regulating small business
11.1 The legislation applies to small business.
11.2 There is little scope for minimising the impact of the requirements on firms employing up to 20 people because EC Health and Safety Directives are required to be applied to all workers irrespective of the size of the company employing them. However, when implementing an EC Directive it is Government policy to do no more than is necessary to implement the provisions of that Directive. In addition it is not envisaged that the Artificial Optical Radiation Regulations will have significant effects on small businesses as they are considered unlikely to operate the types of vessel where the more hazardous forms of artificial optical radiation are likely to occur. More information on this aspect will however be sought as part of the formal consultation process.
12. Monitoring & review
12.1The Maritime and Coastguard Agency will evaluate how the regulations have changed working practices. This will be assisted by any relevant data collected as a result of the implementation by the UK of the ILO Maritime Labour Convention 2006 which will require the Maritime and Coastguard Agency to be notified of any occupational seafarer injuries/diseases.
12.2All health and safety Directives are also subject to a regular review by the EC to which MCA will contribute as appropriate. In addition it is proposed to monitor compliance to see if any problems arise which need to be resolved by amending the regulations, or associated guidance, to make matters clearer to those organisations/persons covered by the Directive’s provisions.
13. Contact
Michael Lines
Maritime and Coastguard Agency
Spring Place
105 Commercial Road
Southampton
SO15 1EG
Tel: 02380 329 246,
Fax: 02380 329 251
e-mail: mike.lines@mcga.gov.uk
can answer any queries regarding the instruments.
DRAFT TRANSPOSTION NOTE
Directive 2006/25/EC of the European Parliament and of the Council of 5April 2006 on the minimum health and safety requirements regarding the exposure of workers to risks arising from physical agents (artificial optical radiation) (19th individual Directive within the meaning of Article16(1) of Directive 89/391/EEC)
SECTION 1 GENERAL PROVISIONS |
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ARTICLE 1 Aim and Scope
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| Para 1 | This Directive, which is the 19th individual Directive within the meaning of Article 16(l) of Directive 89/391/EEC, lays down minimum requirements for the protection of workers from risks to their health and safety arising or likely to arise from exposure to artificial optical radiation during their work. | Transposition not required |
| Para 2 | This Directive refers to the risk to the health and safety of workers due to adverse effects caused by exposure to artificial optical radiation to the eyes and to the skin. | Transposition not required |
| Para 3 | Directive 89/391/EEC shall apply fully to the whole area referred to in paragraph 1, without prejudice to more stringent and/or more specific provisions contained in this Directive. |
Transposed in regulation 5 of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Artificial Optical Radiation Regulations 2010
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ARTICLE 2 Definitions |
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For the purposes of this Directive, the following definitions shall apply: (a) optical radiation: any electromagnetic radiation in the wavelength range between 100 nm and 1 mm. The spectrum of optical radiation is divided into ultraviolet radiation, visible radiation and infrared radiation: (i) ultraviolet radiation: optical radiation of wavelength range between 100 nm and 400 nm. The ultraviolet region is divided into UVA (315-400 nm), UVB (280-315 nm) and UVC (100-280 nm); (ii) visible radiation: optical radiation of wavelength range between 380 nm and 780 nm; (iii) infrared radiation: optical radiation of wavelength range between 780 nm and 1 mm. The infrared region is divided into IRA (780-1400 nm), IRB (1400-3000 nm) and IRC (3000 nm-1 mm); (b) laser (light amplification by stimulated emission of radiation): any device which can be made to produce or amplify electromagnetic radiation in the optical radiation wavelength range primarily by the process of controlled stimulated emission; (c) laser radiation: optical radiation from a laser; (d) non-coherent radiation: any optical radiation other than laser radiation; (e) exposure limit values: limits on exposure to optical radiation which are based directly on established health effects and biological considerations. Compliance with these limits will ensure that workers exposed to artificial sources of optical radiation are protected against all known adverse health effects; (f) irradiance (E) or power density: the radiant power incident per unit area upon a surface expressed in watts per square metre (W m-2); (g) radiant exposure (H): the time integral of the irradiance, expressed in joules per square metre (J m-2); (h) radiance (L): the radiant flux or power output per unit solid angle per unit area, expressed in watts per square metre per steradian (W m—2 sr-1); (i) level: the combination of irradiance, radiant exposure and radiance to which a worker is exposed.
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Transposed in regulation 2(1) of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Artificial Optical Radiation Regulations 2010 Transposed in regulation 2(1) of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Artificial Optical Radiation Regulations 2010 Transposed in regulation 2(1) of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Artificial Optical Radiation Regulations 2010 Transposed in regulation 2(1) of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Artificial Optical Radiation Regulations 2010 Transposed in regulation 2(1) of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Artificial Optical Radiation Regulations 2010 Transposed in regulation 2(1) of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Artificial Optical Radiation Regulations 2010 Transposed in regulation 2(1) of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Artificial Optical Radiation) Regulations 2010 First sentence not directly transposed as, in line with the draft HSE Regulations, Regulation 2(1) of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Artificial Optical Radiation) Regulations 2010 define exposure limit values as those contained in Annexes I and II of the Directive. Second sentence is not considered to require transposition. Transposed in regulation 2(1) of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Artificial Optical Radiation) Regulations 2010 Transposed in regulation 2(1) of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Artificial Optical Radiation Regulations 2010 Transposed in regulation 2(1) of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Artificial Optical Radiation Regulations 2010 Transposed in regulation 2(1) of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Artificial Optical Radiation Regulations 2010
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Article 3 Exposure limit values |
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| Para 1 | The exposure limit values for non-coherent radiation, other than that emitted by natural sources of optical radiation, are as set out in Annex I. | Transposed in regulation 2(1) of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Artificial Optical Radiation Regulations 2010Width9084 |
| Para 2 |
The exposure limit values for laser radiation are as set out in Annex II.
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Transposed in regulation 2(2) of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Artificial Optical Radiation Regulations 2010
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SECTION II OBLIGATIONS OF EMPLOYERS |
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Article 4 Determinition of exposure and assessment of risks |
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| Para 1 | In carrying out the obligations laid down in Articles 6(3) and 9(1) of Directive 89/391/EEC, the employer, in the case of workers exposed to artificial sources of optical radiation, shall assess and, if necessary, measure and/or calculate the levels of exposure to optical radiation to which workers are likely to be exposed so that the measures needed to restrict exposure to the applicable limits can be identified and put into effect. The methodology applied in assessment, measurement and/or calculations shall follow the standards of the International Electrotechnical Commission (IEC) in respect of laser radiation and the recommendations of the International Commission on Illumination (CIE) and the European Committee for Standardisation (CEN) in respect of non-coherent radiation. In exposure situations which are not covered by these standards and recommendations, and until appropriate EU standards or recommendations become available, assessment, measurement and/or calculations shall be carried out using available national or international science-based guidelines. In both exposure situations, the assessment may take account of data provided by the manufacturers of the equipment when it is covered by relevant Community Directives. |
Transposed in regulation 6(1) - (4) of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Artificial Optical Radiation Regulations 2010
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| Para 2 | The assessment, measurement and/or calculations referred to in paragraph 1 shall be planned and carried out by competent services or persons at suitable intervals, taking particular account of the provisions of Articles 7 and 11 of Directive 89/391/EEC concerning the necessary competent services or persons and the consultation and participation of workers. The data obtained from the assessment, including those obtained from the measurement and/or calculation of the level of exposure referred to in paragraph 1 shall be preserved in a suitable form so as to permit their consultation at a later stage. | Transposed in regulation 6(5)(a) and 6(1)(b) of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Artificial Optical Radiation Regulations 2010 |
| Para 3 |
Pursuant to Article 6(3) of Directive 89/391/EEC, the employer shall give particular attention, when carrying out the risk assessment, to the following: (a) the level, wavelength range and duration of exposure to artificial sources of optical radiation; (b) the exposure limit values referred to in Article 3 of this Directive; (c) any effects concerning the health and safety of workers belonging to particularly sensitive risk groups; (d) any possible effects on workers’ health and safety resulting from workplace interactions between optical radiation and photosensitising chemical substances; (e) any indirect effects such as temporary blinding, explosion or fire; (f) the existence of replacement equipment designed to reduce the levels of exposure to artificial optical radiation; (g) appropriate information obtained from health surveillance, including published information, as far as possible; (h) multiple sources of exposure to artificial optical radiation; (i) a classification applied to a laser as defined in accordance with the relevant IEC standard and, in relation to any artificial source likely to cause damage similar to that of a laser of class 3B or 4, any similar classification; (j) information provided by the manufacturers of optical radiation sources and associated work equipment in accordance with the relevant Community Directives. |
Transposed in regulation 6(5)(c)(i) - (x) of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Artificial Optical Radiation Regulations 2010
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| Para 4 | The employer shall be in possession of an assessment of the risk in accordance with Article 9(1)(a) of Directive 89/391/EEC and shall identify which measures must be taken in accordance with Articles 5 and 6 of this Directive. The risk assessment shall be recorded on a suitable medium, according to national law and practice; it may include a justification by the employer that the nature and extent of the risks related to optical radiation make a further, detailed risk assessment unnecessary. The risk assessment shall be updated on a regular basis, particularly if there have been significant changes which could render it out of date, or if the results of health surveillance show it to be necessary. |
Transposed in regulation 6(1)(b), 6(5)(b) and 6(7) of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Artificial Optical Radiation Regulations 2010
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Article 5 Provisions aimed at avoiding or reducing risks |
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Taking account of technical progress and of the availability of measures to control the risk at source, the risks arising from exposure to artificial optical radiation shall be eliminated or reduced to a minimum. The reduction of risks arising from exposure to artificial optical radiation shall be based on the general principles of prevention set out in Directive 89/391/EEC. |
Transposed in regulation 7(1) of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Artificial Optical Radiation Regulations 2010 |
| Para 2 |
Where the risk assessment carried out in accordance with Article 4(1) for workers exposed to artificial sources of optical radiation indicates any possibility that the exposure limit values may be exceeded, the employer shall devise and implement an action plan comprising technical and/or organisational measures designed to prevent the exposure exceeding the limit values, taking into account in particular: (a) other working methods that reduce the risk from optical radiation; (b) the choice of equipment emitting less optical radiation, taking account of the work to be done; (c) technical measures to reduce the emission of optical radiation including, where necessary, the use of interlocks, shielding or similar health protection mechanisms; (d) appropriate maintenance programmes for work equipment, workplaces and workstation systems; (e) the design and layout of workplaces and workstations; (f) limitation of the duration and level of the exposure; (g) the availability of appropriate personal protective equipment; (h) the instructions of the manufacturer of the equipment where it is covered by relevant Community Directives. |
Transposed in regulation 7(2)(a) - (h) of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Artificial Optical Radiation Regulations 2010.
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| Para 3 |
On the basis of the risk assessment carried out in accordance with Article 4, workplaces where workers could be exposed to levels of optical radiation from artificial sources exceeding the exposure limit values shall be indicated by appropriate signs in accordance with Council Directive 92/58/EEC of 24 June 1992 on the minimum requirements for the provision of safety and/or health signs at work (9th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC). The areas in question shall be identified, and access to them limited where this is technically possible and where there is a risk that the exposure limit values could be exceeded. |
Transposed in regulation 7(3) of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Artificial Optical Radiation Regulations 2010
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Para 4 |
Workers shall not be exposed above the exposure limit values. In any event, if, despite the measures taken by the employer to comply with this Directive in respect of artificial sources of optical radiation, the exposure limit values are exceeded, the employer shall take immediate action to reduce exposure below the exposure limit values. The employer shall identify the reasons why the exposure limit values have been exceeded and shall adapt the protection and prevention measures accordingly in order to prevent them being exceeded again |
Transposed in regulation 7(4) and (5) of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Artificial Optical Radiation Regulations 2010
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Para 5 |
Pursuant to Article 15 of Directive 89/391/EEC, the employer shall adapt the measures referred to in this Article to the requirements of workers belonging to particularly sensitive risk groups. |
Width9084Transposed in regulation 72)(i) of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Artificial Optical Radiation Regulations 2010
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Article 6 Worker information and training |
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Without prejudice to Articles 10 and 12 of Directive 89/391/EEC, the employer shall ensure that workers who are exposed to risks from artificial optical radiation at work and/or their representatives receive any necessary information and training relating to the outcome of the risk assessment provided for in Article 4 of this Directive, concerning in particular: (a) measures taken to implement this Directive; (b) the exposure limit values and the associated potential risks; (c) the results of the assessment, measurement and/or calculations of the levels of exposure to artificial optical radiation carried out in accordance with Article 4 of this Directive together with an explanation of their significance and potential risks; (d) how to detect adverse health effects of exposure and how to report them; (e) the circumstances in which workers are entitled to health surveillance; (f) safe working practices to minimise risks from exposure; (g) proper use of appropriate personal protective equipment.
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Transposed in regulation 8 of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Artificial Optical Radiation Regulations 2010
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Article 7 Consultation and participation of workers |
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| Consultation and participation of workers and/or of their representatives shall take place in accordance with Article 11 of Directive 89/391/EEC on the matters covered by this Directive | Transposed in regulation 10 of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Artificial Optical Radiation Regulations 2010 | |
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SECTION III MISCELLANEOUS PROVISIONS |
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Article 8 Health Surveillance |
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| Para 1 | With the objectives of the prevention and timely detection of any adverse health effects, as well as the prevention of any long-term health risks and any risk of chronic diseases, resulting from exposure to optical radiation, Member States shall adopt provisions to ensure appropriate health surveillance of workers pursuant to Article 14 of Directive 89/391/EEC. |
Transposed in regulation 9 of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Artificial Optical Radiation Regulations 2010
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| Para 2 | Member States shall ensure that health surveillance is carried out by a doctor, an occupational health professional or a medical authority responsible for health surveillance in accordance with national law and practice. |
Transposed in regulation 9 of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Artificial Optical Radiation Regulations 2010
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Member States shall establish arrangements to ensure that, for each worker who undergoes health surveillance in accordance with paragraph 1, individual health records are made and kept up to date. Health records shall contain a summary of the results of the health surveillance carried out. They shall be kept in a suitable form so as to permit consultation at a later date, taking into account any confidentiality. Copies of the appropriate records shall be supplied to the competent authority on request, taking into account any confidentiality. The employer shall take appropriate measures to ensure that the doctor, the occupational health professional or the medical authority responsible for the health surveillance, as determined by Member States as appropriate, has access to the results of the risk assessment referred to in Article 4 where such results may be relevant to the health surveillance. Individual workers shall, at their request, have access to their own personal health records. |
Transposed in regulation 9(8)(a) of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Artificial Optical Radiation Regulations 2010 Transposed in regulation 9(8)(b) of the Merchant Shipping and Fishing vesses (Health and Safety at Work) (Artificial Optical Radiation) Regulations 2010 Transposed in regulation 9(8)(c) of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Artificial Optical Radiation Regulations 2010. Transposed in regulation 9(3) of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Artificial Optical Radiation Regulations 2010. Transposed in regulation 9(8)(c) of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Artificial Optical Radiation Regulations 2010. |
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Para 4 |
In any event, where exposure above the limit values is detected, a medical examination shall be made available to the worker(s) concerned in accordance with national law and practice. This medical examination shall also be carried out where, as a result of health surveillance, a worker is found to have an identifiable disease or adverse health effect which is considered by a doctor or occupational health professional to be the result of exposure to artificial optical radiation at work. In both cases, when limit values are exceeded or adverse health effects (including diseases) are identified: (a) the worker shall be informed by the doctor or other suitably qualified person of the result which relates to him personally. He shall, in particular, receive information and advice regarding any health surveillance which he should undergo following the end of exposure; (b) the employer shall be informed of any significant findings of the health surveillance, taking into account any medical confidentiality; (c) the employer shall: - review the risk assessment carried out pursuant to Article 4, - review the measures provided for to eliminate or reduce risks pursuant to Article 5, - take into account the advice of the occupational health professional or other suitably qualified person or the competent authority in implementing any measure required to eliminate or reduce risk in accordance with Article 5, and - arrange continued health surveillance and provide for a review of the health status of any other worker who has been similarly exposed. In such cases, the competent doctor or occupational health professional or the competent authority may propose that the exposed persons undergo a medical examination. |
Transposed in regulation 9(4) - (7) of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Artificial Optical Radiation Regulations 2010
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Article 9 Penalties |
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Member States shall provide for adequate penalties to be applicable in the event of infringement of the national legislation adopted pursuant to the Directive. These penalties must be effective, proportionate and dissuasive. | Transposed in regulation 12 of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Artificial Optical Radiation) Regulations 2010. |
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Article 10 Technical amendments |
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| Para 1 | Any modification of the exposure limit values set out in the Annexes shall be adopted by the European Parliament and the Council in accordance with the procedure laid down in Article 137(2) of the Treaty. | Transposition not required |
| Para 2 |
Amendments to the Annexes of a strictly technical nature in line with: (a) the adoption of Directives in the field of technical harmonisation and standardisation with regard to the design, building, manufacture or construction of work equipment and/or workplaces; (b) technical progress, changes in the most relevant harmonised European standards or international specifications, and new scientific findings concerning occupational exposure to optical radiation, shall be adopted in accordance with the procedure laid down in Article 11(2). |
Transposition not required |
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Article 11 Committee |
Transposition not required | |
| Para 1 | The Commission shall be assisted by the Committee referred to in Article 17 of Directive 89/391/EEC. | Transposition not required |
| Para 2 |
Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months. |
Transposition not required |
| Para 3 |
The Committee shall adopt its rules of procedure.
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Transposition not required |
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SECTION IV FINAL PROVISIONS |
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Article 12 Reports |
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Every five years Member States shall provide the Commission with a report on the practical implementation of this Directive, indicating the points of view of the social partners. Every five years the Commission shall inform the European Parliament, the Council, the European Economic and Social Committee and the Advisory Committee on Safety and Health at Work of the content of these reports, of its assessment of these reports, of developments in the field in question and of any action that may be warranted in the light of new scientific knowledge. |
Transpositionn not required
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Article 13 Practical guide |
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In order to facilitate implementation of this Directive the Commission shall draw up a practical guide to the provisions of Articles 4 and 5 and Annexes I and II. |
Transposition not required |
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Article 14 Transposition |
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Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 27 April 2010. They shall forthwith inform the Commission thereof. When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States. |
Transposition not required |
| Para 2 | Member States shall communicate to the Commission the text of the provisions of national law which they adopt or have already adopted in the field covered by this Directive. | Transposition not required |
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Article 15 Entry into Force |
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| This Directive shall enter into force on the day of its publication in the Official Journal of the European Union. | Transposition not required | |
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Article 16 Addresses |
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| ANNEX I | Referred to in definition of exposure limits in regulation 2(1) of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Artificial Optical Radiation Regulations 2010 | |
| ANNEX II | Referred to in definition of exposure limits in regulation 2(1) of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Artificial Optical Radiation Regulations 2010 | |
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