The UK amends the control of noise and vibration regulations

UK Maritime and Coastguard Agency has issued merchant guidance notes regarding the control of noise and vibration at work.

The Merchant and Fishing Vessels (Control of Noise at Work) Regulations 2007 - Procedure for Seeking Exemptions

Summary

This notice provides guidance on and sets out the procedure for obtaining an exemption from the requirements of the Merchant Shipping and Fishing Vessel (Control of Noise at Work) Regulations 2007.

Amendment 2 outlines updated guidance and reflects the Merchant Shipping (Maritime Labour Convention) (Health and Safety) (Amendment) Regulations (S.I. 2014/1616) (“the MLC Health and Safety amendments”) and the Merchant Shipping (Work in Fishing Convention) (Consequential and Minor Amendments) Regulations (S.I. 2018/1109) (the “Work in Fishing Consequential Amendments”).

The two sets of amendments extend the duties to protect “workers” in health and safety legislation so that they protect all seafarers and fishermen, regardless of their employment status, and duties on employers also apply to shipowners and fishing vessel owners. References in this notice are therefore “shipowners and employers” and “seafarers and other workers.” In this notice, “shipowner” includes “fishing vessel owner”, and “seafarer” includes “fisherman”.

1. Introduction

1.1 The Merchant Shipping and Fishing Vessel (Control of Noise at work) Regulations 2007 are intended to protect workers from the harmful effects of noise. Regulation 13 allows for an exemption to be granted by the MCA from the following requirements of the regulations.

1.1.1 The requirement that the employer shall ensure that workers are not exposed to noise levels exceeding the exposure levels detailed below;

Exposure limit values and exposure action values

The lower exposure action values;

(a) a daily or weekly personal noise exposure of 80dB (A-weighted); and

(b) a peak sound pressure of 135 dB (C-weighted)

The upper exposure action values;

(a) a daily or weekly personal noise exposure of 85dB (A-weighted); and

(b) a peak sound pressure of 137dB (C-weighted)

The exposure limit values;

(a) a daily or weekly personal noise exposure of 87dB (A-weighted) and;

(b) a peak sound pressure of 140dB (C-weighted)

1.1.2 The requirement that following implementation of the organisational and technical measures taken in accordance with regulation 2 of the regulations; if exposure above the exposure limit value are detected, the employer shall:-

(a) take such action as is necessary to reduce exposure to noise below the exposure limit value

(b) identify the reasons why the limit has been exceeded; and

1.1.3 The requirement is without prejudice to the legal requirements in respect of risk assessment, that the employer will make personal hearing protectors available to any worker who is likely to be exposed to noise above a lower exposure action value, and that as reasonably practicable the same provision of hearing protectors would also be made to workers exposed to noise which is at, or above an upper exposure action value.

1.2 The MCA may only grant such an exemption from the above requirements in respect of work on a particular ship, where, because of the nature of the work, the full and proper use of personal hearing protectors would be likely to cause greater risk to health and safety, than not using such protectors - for example, if it impairs the necessary communication between workers.

2. Conditions for seeking exemptions

2.1 In order that exemptions may be considered by the MCA, the applicant must first ensure the following conditions are met;

(a) the employer or the person having control of the matter in question must make the application

(b) ensure that the exemption requested has received due consideration by a relevant and appropriate medical body, institution or qualified person, this can be an occupational physician, specialist consultant or institution with appropriate expertise.

(c) that the application for exemption from the requirement has been made following consultation with the workers concerned, or their representatives.

(d) the application for exemption will need to include details of the conditions which guarantee, taking in to account the special circumstances, that the resulting risks are reduced to as low as reasonably practicable

2.2 The MCA will also need to be satisfied that the applicant has taken the necessary and appropriate steps to increase the health surveillance for the workers concerned.

3. Submitting an exemption application

3.1 To apply for an exemption you will need to contact the nearest MCA Marine Office or Customer Service Manager (if applicable), requesting form MSF 1261, which will need to be completed outlining full details of the following areas;

detail the work procedure the exemption is sought for; you will need to provide information on the workers affected, equipment used, including frequency and length of use
steps taken to comply with the regulations to include detailed risk assessment
safety case for which the application is being sought. What are the Health and Safety implications of complying with the regulations?
health surveillance/risk management – detail what steps will be taken to monitor the safety of the workers concerned and the steps you are taking to reduce the risks
you may wish to use qualified advice (such as from an occupational physician) to support your case.

3.3 Exemptions may only be granted for a maximum period of four years, and may be withdrawn by the Secretary of State if he is satisfied that the exemption is no longer justified.

4. Additional reading

4.1 The MCA has produced a code of practice for controlling risks due to noise on ships and provides practical advice on the practical implementation of The Merchant Shipping and Fishing Vessel (Noise at Work) Regulations 2007.

4.2 The Code may be purchased from The Stationery Office order line;

Tel: 0870 600 5533

Quoting the ISBN No.978-0-11-553075-3 or at www.tsoshop.co.uk

The Merchant Shipping and Fishing Vessels (Control of Vibration at Work) Regulations 2007

Summary

This notice provides guidance on the requirements for the protection of workers from the risks related to exposure to noise at work arising from the implementation in the United Kingdom of European Commission Directive 2002/44/EC by the Merchant Shipping and Fishing Vessels (Control of Vibration at Work) Regulations 2007 which came into force on 23 February 2008.

It should not however be regarded as definitive. The way these regulations apply to any particular case can vary according to circumstances and from vessel to vessel. Each shipowner, fishing vessel owner and employer should therefore assess how the requirements of these regulations apply to the specific circumstances of each vessel and introduce measures to implement those requirements accordingly.

Amendment 2 reflects the Merchant Shipping (Maritime Labour Convention) (Health and Safety) (Amendment) Regulations 2014 (S.I. 2014/1616) (“the MLC Health and Safety amendments”) and the Merchant Shipping (Work in Fishing Convention) (Consequential and Minor Amendments) Regulations (S.I. 2018/1109) (the “Work in Fishing Consequential Amendments”).

The EU Directive 2002/44/EC - Vibration has been in effect in the UK prior to the 1st January 2021 and is now retained in UK law, after the end of the EU Exit implementation period.

1. Introduction

1.1 The Merchant Shipping and Fishing Vessels (Control of Vibration at Work) Regulations 2007 (SI 2007/3077) (the “vibration regulations”) set out requirements for the protection of workers from the risks related to exposure to vibration at work. The vibration regulations build on the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997 (SI 1997/2962), as amended, (the “general duties” regulations), by requiring that the risk assessment required by the general duties regulations considers additionally the risks to workers arising from exposure to vibration.

1.2 The first part of this notice provides a summary of the main provisions of the vibration regulations. In the annex’s, more detailed guidance is given on hand arm vibration (annex A); whole body vibration (annex B); health surveillance (annex C) and additional sources of information (annex D).

2. Applicability

2.1 The vibration regulations apply to United Kingdom ships. There is a limited derogation from the requirements for vessels being used in the course of public service or civil protection services (see section 12 for details).

3. Vibration exposure limit values and action values

3.1 The vibration regulations set daily exposure limit values and action values for both hand-arm and whole body vibration as follows:-

(1) For hand-arm vibration—

(a) the daily exposure limit value standardised to an eight hour reference period is 5 m/s2; and (b) the daily exposure action value standardised to an eight hour reference period is 2.5 m/s2.

(2) For whole body vibration—

(a) the daily exposure limit value standardised to an eight hour reference period is 1.15 m/s2 ; and

(b) the daily exposure action value standardised to an eight hour reference period is 0.5 m/s2.

3.2 Hand-arm vibration is defined in regulation 2(1) as mechanical vibration that, when transmitted to the human hand-arm system, entails risks to the health and safety of workers, in particular vascular, bone or joint, neurological or muscular disorders.

3.3 Whole-body vibration is defined in regulation 2(1)) as the mechanical vibration that, when transmitted to the whole body, entails risks to the health and safety of workers, in particular, lower back morbidity and trauma of the spine. Whole-body vibration may be most apparent in smaller, fast craft such as fast rescue boats, RIBs or work boats, particularly when operating in choppy conditions.

4. Assessment of risks (regulation 6)

4.1 When carrying out risk assessment as required by regulation 7 of the general duties regulations the employer’s risk assessment should:-

determine whether the vibration exposure limit values and action values are exceeded
determine the level, type and duration of exposure, including exposure to intermittent vibration
identify workers who may be particularly sensitive to mechanical vibration
identify any indirect effect on worker safety which may be caused by interaction between equipment subject to mechanical vibration and the workplace or other work equipment
take account of information provided by the manufacturers of work equipment
take account of the existence of replacement equipment designed to reduce exposure to vibration
take account of the extension of exposure to whole body vibration beyond normal working hours
take account of the effect of specific working conditions, such as low temperatures; and
take account of appropriate information obtained from health surveillance, including published information, so far as possible.

4.2 Regard should also be had to the provisions of the schedule to the vibration regulations and the annexes to this MGN.

5. Elimination or control of exposure to vibration (regulation 7)

5.1 The employer is required to ensure that the risks arising from exposure to vibration identified by the risk assessment are either eliminated or reduced as far as possible. If the risk assessment shows that an exposure action value is likely to be exceeded the vibration regulations list measures which the employer should take to reduce exposure. These include:

implementing alternative working methods that require less exposure to vibration
use of appropriate work equipment of appropriate ergonomic design which, taking account of the work to be done, produces the least possible vibration
providing equipment which reduces the risk of injuries caused by vibration; e.g. seats which reduce whole body vibration and handles which reduce the vibration transmitted to hands/arms
implementing appropriate maintenance programmes for work equipment, the workplace and workplace systems
altering the design and layout of workplaces and work stations
providing adequate information and training to workers to ensure that work equipment is used correctly and safely in order to reduce exposure to mechanical vibration to a minimum.
imposing limits on the duration and intensity of exposure to mechanical vibration
altering work schedules and rest periods
providing clothing to protect exposed workers from cold and damp; and
providing personal protective equipment against hand-arm vibration.

6. Worker information and training (regulation 8)

6.1 Employers are also responsible for providing workers with information and training as appropriate to ensure that they are aware of potential risks to health from exposure to vibration. Such information and training is to include:-

details of the measures taken in order to eliminate or reduce to a minimum the risks from mechanical vibration
the exposure limit values and the exposure action values
the results of the risk assessment carried out
the circumstances in which workers are entitled to health surveillance under these regulations
the potential injuries which may arise from the work equipment in use
safe working practices to minimise exposure to mechanical vibration
how to detect and report signs of injury; and
the importance of detecting and reporting signs of injury.

7. Health surveillance and record keeping (regulation 9)

7.1 If the risk assessment identifies a risk from exposure to vibration, regulation 9 requires the employer to provide health surveillance. More information is contained in annex C.

7.2 Employers are required to keep health surveillance records. Although no retention period is specified in the regulations, the standard practice is to retain occupational health surveillance records for 40 years.

8. Consultation with workers (regulation 10)

8.1 There must be consultation with workers and their representatives on matters covered by the vibration regulations and in particular on:

the assessments, measurements and findings of the risks assessment
measures taken to eliminate or reduce risks arising from exposure to vibration
worker information and training; and
the arrangements for health surveillance.

9. Persons on whom duties are imposed (regulation 11)

9.1 While the vibration regulations mainly place duties on employers, as with the general duties regulations, they recognise that there may be several different employers responsible for the crew of a ship on whom such duties are imposed but not all of them will necessarily have control of the matter to which the duty relates, for example because they do not have responsibility for the operation of the ship. In these circumstances any duty imposed by the vibration regulations is also extended to any person who has control of the matter to which the regulation in question relates, which may be a particular employer or employers or some other party.

9.2. In addition to the responsibility placed on the employer(s) there is, additionally, a responsibility placed on every worker to which the vibration regulations apply to make full and proper use of all protective clothing and equipment provided by the employer, and to give effect to all instruction and training with which the worker has been provided.

10. Exemptions (regulation 12)

10.1 Regulation 12 permits the Secretary of State, subject to the conditions specified in that regulation, to exempt a ship from the requirements of regulation 7(4), relating to exposure of workers to mechanical vibration exceeding the exposure limit value specified in regulation 5 (see annex B to this MGN), and regulation 7(5) relating to assessment of the effectiveness of organisational and technical measures, in relation to whole-body vibration where it is not possible for the ship on which the workers are employed to comply with the whole-body exposure limit value.

10.2. Exemptions under regulation 12 will not be automatic, and will only be granted where:-

(a) the Secretary of State has consulted with—

(i) the employer; and

(ii) workers who may be exposed to whole body vibration or their representatives

(b) the resulting risks are reduced to a minimum; and

Such exemptions will be ship specific; valid for a maximum period of four years; and will be withdrawn as soon as the Secretary of State is satisfied that they are no longer justified.

10.3 All requests for the issue of exemptions under regulation 12 should be sent, in the first instance, to the nearest MCA Marine Office, supported by a detailed case from the employer explaining why despite all measures required to be taken by the regulations it is not possible to comply with the exposure limits.

11. Enforcement and penalties (regulations 13 to 15)

11.1 Regulations 13 to 15 are the enforcement provisions; any contravention of the vibration regulations is an offence. There is also provision for corporate offences and where any proceedings are instituted for an offence under the vibration regulations which consists of a failure to comply with a duty or requirement to do something so far as is reasonably practicable, it will be for the defendant to prove that compliance with that duty or requirement was not reasonably practicable.

12. Main provisions of the vibration regulations

12.1 Regulation 4(2) provides for a limited derogation from the requirements of the vibration regulations for vessels being used in the course of public service activities or activities for the purpose of civil protection services where because of characteristics peculiar to those activities full compliance with the noise regulations is not possible.

12.2 For the purposes of the derogation referred to in paragraph 2.1 above the regulations define “civil protection services” as including the fire and rescue and ambulance services and search and rescue services provided by any other person. This derogation will also apply to any vessel engaged in search and rescue activities when answering a distress call or when requested to do so by HM Coastguard or the appropriate authority of another state.

12.3 Similarly for the purposes of the derogation referred to in paragraph 2.1 above the regulations define “public service activities” as including the activities of the armed forces, HM Coastguard, HM Revenue and Customs, immigration officers, police, prison officers and the security and intelligence services. This derogation will also apply to any vessel engaged in matters relating to national security whether or not it is directly operated by or under the control of the security services. This derogation does not apply to ferries whether operated by a public body or not.

12.4 All other provisions are to be complied with in full and even for those provisions where full compliance is not possible the employer must ensure that the health and safety of workers who are or who are likely to be exposed to risks from vibration as a result is protected so far as is reasonably practicable.

All regulations can be found at legislation.gov.uk

For more information, please see the documents below (available only to subscribers):