UNITED KINGDOM STATUTORY INSTRUMENT
2020 No. 40
Merchant Shipping
Health And Safety
The Carcinogens and Mutagens (Miscellaneous Amendments) Regulations 2020
Made 20th January 2020
Laid before Parliament 27th January 2020
Coming into force 2nd March 2020
The Secretary of State, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972, section 15(1) and (2) of, and paragraphs 8(2) and 9 of Schedule 3 to the Health and Safety at Work etc. Act 1974and sections 85(1), (3) and (7) and 86(1) of the Merchant Shipping Act 1995, makes the following Regulations.
The Secretary of State is a Minister designatedfor the purpose of section 2(2) of the European Communities Act 1972 in relation to measures relating to the safety of ships, and the health and safety of persons in them.
In so far as the following Regulations are made in exercise of powers conferred by sections 15(1) and (2) of the Health and Safety at Work etc. Act 1974, they give effect without modifications to proposals submitted by the Health and Safety Executive under section 11(3) of the 1974 Actafter carrying out consultation in accordance with section 50(3)of that Act.
In so far as the following Regulations are made in exercise of powers conferred by section 85 of the Merchant Shipping Act 1995, the Secretary of State has, in accordance with section 86(4) of the Act, consulted persons in the United Kingdom that the Secretary of State considers will be affected by the proposal to make these Regulations.
S-1
Citation and commencementCitation and commencement
1. These Regulations may be cited as the Carcinogens and Mutagens (Miscellaneous Amendments) Regulations 2020 and come into force on 2nd March 2020.
Interpretation
2. In these Regulations, “the 2007 Regulations” means the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Carcinogens and Mutagens) Regulations 2007.
S-3
Amendment of regulation 14 of the 2007 RegulationsAmendment of regulation 14 of the 2007 Regulations
3.—(1) Regulation 14 of the 2007 Regulations (health surveillance)is amended as follows.
(2) After paragraph (4) insert—
“4A. Where the doctor or body responsible for the health surveillance of a worker records in that worker’s individual medical record, kept pursuant to paragraph (4), that the health surveillance of the worker should continue after exposure has ended, the worker’s employer must ensure that, while the worker is employed by the employer, the health surveillance of that worker continues for as long as recommended by the doctor or body.
4B. The worker’s employer ceases to be under an obligation to ensure that health surveillance continues for as long as recommended by the doctor or body when a doctor or body responsible for the health surveillance of the worker records in the worker’s individual medical record that this is no longer recommended.”
Introduction of a statutory review requirement in the 2007 Regulations
4. After regulation 25 (prohibition on levy) of the 2007 Regulations insert—
“Review
The Secretary of State must from time to time—
(a)
(a) carry out a review of the regulatory provision contained in these Regulations, and
(b)
(b) publish a report setting out the conclusions of the review.
The first report must be published before 2nd March 2025.
Subsequent reports must be published at intervals not exceeding 5 years.
Section 30(4) of the Small Business, Enterprise and Employment Act 2015requires that a report published under this regulation must, in particular—
(a)
(a) set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a),
(b)
(b) assess the extent to which those objectives are achieved,
(c)
(c) assess whether those objectives remain appropriate, and
(d)
(d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.
In this regulation, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015(see section 32 of that Act).”
Amendment of Schedule 1 to the 2007 Regulations
5.—(1) Schedule 1 to the 2007 Regulations (other substances and processes to which the definition of carcinogen relates) is amended as follows.
(2) In the list of substances and processes to which the definition of carcinogen relates, after “Hardwood dusts.”, insert—
“Work involving exposure to respirable crystalline silica dust generated by a work process.”
Amendment of Schedule 2 to the 2007 Regulations
6.—(1) Schedule 2 (table of limit values) is amended as follows.
(2) For the table of limit values in Schedule 2, substitute the table in the Schedule to these Regulations.
S-7
Amendment of the Mines Regulations 2014
Amendment of the Mines Regulations 2014
7.—(1) The Mines Regulations 2014are amended as follows.
(2) In regulation 2(1) for the definition of “action level” substitute—
““action level” means, in relation to respirable dust, a concentration in air equal to or greater than 3mg/m3 as a time-weighted average over a 40 hour period;”.
(3) Omit regulation 44.
(4) In regulation 45—
(a)
(a) in paragraph (5) omit “and respirable crystalline silica”;
(b)
(b) in paragraph (6) omit “or respirable crystalline silica”;
(c)
(c) in paragraph (6)(a) omit “relevant”.
Nusrat Ghani
Parliamentary Under Secretary of State
Department for Transport
20th January 2020
SCHEDULE
Regulation 6(2)
Table of Limit Values
Name of agent |
EC No |
CAS No |
Limit values |
Notation |
Transitional measures |
mg/m3 |
ppm |
f/ml |
Hardwood dusts |
— |
— |
2 |
— |
— |
— |
Limit value 3 mg/m3 until 17 January 2023 |
Chromium (VI) compounds which are carcinogens within the meaning of point (i) of Article 2(a) (as chromium) |
— |
— |
0,005 |
— |
— |
— |
Limit values:
0,025 mg/m3 for welding or plasma cutting processes or similar work processes that generate fume until 17 January 2025, and
0,010 mg/m3 until 17 January 2025 in all other cases
|
Refractory ceramic fibres which are carcinogens within the meaning of point (i) of Article 2(a) |
— |
— |
— |
— |
0,3 |
— |
|
Respirable crystalline silica dust |
— |
— |
0,1 |
— |
— |
— |
|
Benzene |
200-753-7 |
71-43-2 |
3,25 |
1 |
— |
skin |
|
Vinyl chloride monomer |
200-831-0 |
75-01-4 |
2,6 |
1 |
— |
— |
|
Ethylene oxide |
200-849-9 |
75-21-8 |
1,8 |
1 |
— |
skin |
|
1,2-Epoxypropane |
200-879-2 |
75-56-9 |
2,4 |
1 |
— |
— |
|
Acrylamide |
201-173-7 |
79-06-1 |
0,1 |
— |
— |
skin |
|
2-Nitropropane |
201-209-1 |
79-46-9 |
18 |
5 |
— |
— |
|
o-Toluidine |
202-429-0 |
95-53-4 |
0,5 |
0,1 |
— |
skin |
|
1,3-Butadiene |
203-450-8 |
106-99-0 |
2,2 |
1 |
— |
— |
|
Hydrazine |
206-114-9 |
302-01-2 |
0,013 |
0,01 |
— |
skin |
|
Bromoethylene |
209-800-6 |
593-60-2 |
4,4 |
1 |
— |
— |
|
EC No, i.e. Einecs, ELINCS or NLP, is the official number of the substance within the European Union, as defined in Section 1.1.1.2 in Annex VI, Part 1, to Regulation (EC) No 1272/2008. |
CAS No: Chemical Abstract Service Registry Number. |
Measured or calculated in relation to a reference period of eight hours. |
mg/m3 = milligrams per cubic metre of air at 20 °C and 101,3 kPa (760 mm mercury pressure). |
ppm = parts per million by volume in air (ml/m3). |
f/ml = fibres per millilitre. |
Inhalable fraction: if hardwood dusts are mixed with other wood dusts, the limit value shall apply to all wood dusts present in that mixture. |
Respirable fraction. |
Substantial contribution to the total body burden via dermal exposure possible. |
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Carcinogens and Mutagens) Regulations 2007 ( S.I. 2007/3100) (“the 2007 Regulations”) and the Mines Regulations 2014 ( S.I. 2014/3248) (“the 2014 Regulations”). They implement, in relation to United Kingdom ships (as defined by regulation 2 of the 2007 Regulations), Directive 2017/2398/EC(OJ No. L345, 27.12.2017, p. 87-95), which amends Directive 2004/37/ECon the protection of workers from the risks related to exposure to carcinogens or mutagens at work. They also make provision to implement Directive 2017/2398/ECin relation to coal mine workers in Great Britain.
In relation to United Kingdom ships, regulation 3 imposes on employers an additional obligation in relation to the health surveillance of workers. If a doctor or body responsible for undertaking the health surveillance of a worker recommends that such surveillance be continued...
