Dear Sir/Madam CONSULTATION ON PROPOSALS TO IMPLEMENT, BY MEANS OF MERCHANT SHIPPING REGULATIONS:- (A)COUNCIL DIRECTIVE 2002/44/EC ON THE PROTECTION OF WORKERS FROM THE RISKS RELATED TO EXPOSURE TO VIBRATION AT WORK; AND, (B)COUNCIL DIRECTIVE 2003/10/EC ON THE PROTECTION OF WORKERS FROM THE RISKS RELATED TO EXPOSURE TO NOISE AT WORK 1. This consultation letter seeks views on the Maritime and Coastguard Agency’s (MCA) proposals for implementing Council Directive 2002/44/EC (the “Vibration Directive”), which introduces provisions intended to improve the health and safety of workers potentially at risk from exposure to vibration whilst at work, and Council Directive 2003/10/EC (the “Noise Directive”), which introduces provisions intended to improve the health and safety of workers potentially at risk from exposure to noise whilst at work. In view of the inter-relationship between noise and vibration , the consultation covers implementation of both the Directives at the same time. 2. Both the Vibration Directive and the Noise Directives are “Daughter Directives” of Council 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 Dir ective was implemented for the maritime sector by the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997 (as amended), which require employers to assess risks to their employees from the carrying out of their work and, once a risk has been identified, to take appropriate measures to remove the risk entirely or, where this is not possible, reduce the risk so far as is possible. Implementation of the Vibration and Noise Directives will require that the risk assessment under the 1997 Regulations (the General Duties Regulations) also takes account of any risk to workers from exposure to Vibration and/or Noise. In producing draft regulations to implement both Directives we have sought to implement them to the minimum necessary for full compliance with the requirements of those Directives. As with previous health and safety provisions, the Directives and draft implementing Regulations apply to workers on board all seagoing vessels, including fishing vessels, and inland waterways vessels. Summary of the Provisions 3. The provisions cover: Hand-Arm Vibration - defined as mechanical vibration
which is transmitted into the hands and arms during a work activity. In a simple form hand-arm may be
induced by the continual use, over a period of time, of any type of hand held equipment;
which causes shocks to be transmitted to the hand and arm; and 4. Both the Vibration and the Noise Directives and the related draft implementing Regulations require that:
5. Standard enforcement and penalty provisions are included in the draft regulations where requirements are not complied with. 6. Draft Marine Guidance Notes outline the provisions of the draft Regulations and give advice on sources of information which may be helpful in implementing and applying them. Consultation Package 7. Enclosed with this letter is a consultation package on the two Directives containing the following documents: VIBRATION Annex A: Directive 2002/44/EC - The Vibration Directive NOISE Annex E: Directive 2003/10/EC - The Noise Directive GENERAL Annex I: Code of Practice on Consultation Invitation to comment 8. Your views on the consultation package are invited. In particular: Do you have any comments on the content of the draft Regulations? Is the content of the draft Marine Guidance Notes appropriate? If you consider that additional or different guidance would be helpful, could you please provide specific suggestions and details. Do you consider that there will be any additional costs associated with extending the risk assessment to take account of the risk of exposure to vibration and/or noise? If so, can you give specific information to enable us to refine the relevant Regulatory Impact Assessment. The draft Vibration Regulations ( Regulation 6, paragraph 8) provide a derogation (as permitted under the Directive) until 6 July 2010 in respect of exposure to vibration from work equipment which was first provided to workers prior to 6 July 2007, where the latest technical advances and organisational measures do not permit compliance with the exposure limit values. Do you agree with this provision? The draft Noise Regulations (Regulation 1, paragraph (a)) provide (as permitted under the Directive) that in relation to noise arising from the provision of music and entertainment on ships the regulations shall not apply, until 15 February 2008. This is in line with similar regulations introduced by the Health and Safety Executive and is intended to allow time for the drawing up of a code of conduct providing for practical guidelines for the implementation of the provisions of the Directive, with regard to the music and entertainment sectors, on the condition that during this period the levels of protection already achieved in the UK, with regard to the personnel in these sectors, are maintained. Are you content with the inclusion of this provision as it stands? The draft MGN on Noise includes information from the Code of Practice for Noise Levels on Ships. The last edition of that Code was published in 1990. It is not proposed to update it. Is this acceptable or is further guidance on Noise required? 9.Comments on these and any other points should be provided in writing by post, fax or email to:- Michael Lines Tel: 023 8032 9246 to arrive no later than Monday 16 January 2006. 10.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) 11.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 you IT system will not, of itself, be regarded as binding on the Department. 12.The Department will process your personal data in accordance with the DPA and in the majority of circumstances this will mean that your personal data will not be disclosed to third parties. 13.In the light of any comments received, the draft Regulations and MGN will be reviewed with the aim of finalising them by the of March, with entry into force three months later. 14.If your address details require any amendment, or you consider there are other persons who should be consulted or if you do not wish to be consulted on the implementation of EC Health and Safety Directives, please could you advise Michael Lines accordingly. 15.This consultation is being conducted in accordance with Cabinet Office Code of Practice on Written Consultations. 16.Electronic versions of the consultation documents can be found on the MCA Website using the following address "http://www.mcga.gov.uk/c4mca/mcga-current_consultations.htm". This will open up the "Current Consultations" page on which is listed the consultation on "Vibration and Noise”. Yours faithfully Head of Seafarer Health and Safety Branch |
