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

InterpretationU.K.

2.—(1) In these Regulations—

“the Act” means the Merchant Shipping Act 1995;

“artificial” in relation to optical radiation means from a source other than the sun;

“the CEN” means the European Committee for Standardisation;

“the CIE” means the International Commission on Illumination;

“competent persons” has the meaning given in regulation 2(2) (Interpretation) of the General Duties Regulations;

“the Directive” means Council Directive 2006/25/EC of 5 April 2006(1) 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);

“employer” means a person by whom a worker is employed on a ship under a contract of employment;

“exposure” means exposure at work to artificial sources of optical radiation and “exposed” is to be interpreted accordingly;

“exposure limit values” mean—

“the General Duties Regulations” means the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997(2);

“Government ship” has the meaning given in section 308(4) of the Act;

“health and safety” includes the occupational health and safety of persons whilst on board a ship and whilst boarding or leaving the ship;

“health surveillance” means the assessment of an individual worker to determine the state of health of that individual, as related to exposure;

“the IEC” means the International Electrotechnical Commission;

“infrared radiation” means optical radiation of wavelength range exceeding 780 nm and not exceeding 1 mm, divided into IRA (exceeding 780 and not exceeding 1400 nm), IRB (exceeding 1400 and not exceeding 3000 nm) and IRC (exceeding 3000 nm and not exceeding 1 mm);

“irradiance” means the radiant power incident per unit area upon a surface expressed in watts per square metre (W m-2);

“laser” (light amplification by stimulated emission of radiation) means 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;

“laser radiation” means optical radiation from a laser;

“level of exposure” means the combination of irradiance, radiant exposure and radiance to which a worker is exposed;

“MCA” means the Maritime and Coastguard Agency, an executive agency of the Department for Transport;

“measure” means, in respect of a regulation 6 assessment, either to measure or calculate, or measure and calculate as appropriate, and “measurement” is to be interpreted accordingly;

“Merchant Shipping Notice” means a notice described as such and issued by the MCA;

“non-coherent radiation” means any optical radiation other than laser radiation;

“optical radiation” means any electromagnetic radiation in the wavelength range exceeding 100 nm and not exceeding 1 mm, across the spectrum of optical radiation from ultraviolet radiation through visible radiation to infrared radiation;

“radiance” means 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);

“radiant exposure” means the time integral of the irradiance, expressed in joules per square metre (J m−2);

“regulation 6 assessment” has the meaning given by regulation 6(9);

“representative” in relation to workers means any person lawfully elected, chosen or designated to represent the workers in regard to issues about the health and safety of workers at work;

“ship” includes hovercraft;

“surveyor of ships” has the meaning given by section 256(9) of the Act;

“ultraviolet radiation” is optical radiation of wavelength range exceeding 100 nm and not exceeding 400 nm, divided into UVA (exceeding 315 and not exceeding 400 nm), UVB (exceeding 280 and not exceeding 315 nm) and UVC (exceeding 100 and not exceeding 280 nm);

“United Kingdom ship” means a ship which—

“United Kingdom waters” means the sea or other waters within the seaward limits of the territorial sea of the United Kingdom; and

“visible radiation” means optical radiation of wavelength range exceeding 380 nm and not exceeding 780 nm.

(2) In these Regulations any reference to an Annex to the Directive is a reference to that Annex [F1as it had effect immediately before IP completion day].

(3) Subject to paragraph (1) and regulation 3, words and expressions used in these Regulations have the same meaning as in the Directive.

(4) In the application of these Regulations to a hovercraft, a reference to the master of a ship includes a reference to the captain of that hovercraft.