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The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Carcinogens and Mutagens) Regulations 2007

The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Carcinogens and Mutagens) Regulations 2007 reg 3

reg 3 Application

(1) Without prejudice to regulation 5 of the General Duties Regulations and subject to paragraphs (2) to (6), these Regulations apply to activities on United Kingdom ships in which workers are or are likely to be exposed to carcinogens or mutagens as a result of their work. (2) Where— (a) a ship is being used in the course of public service activities or activities for the purpose of civil protection services; and (b) characteristics peculiar to those activities inevitably conflict with a provision of these Regulations, that provision does not apply in relation to that ship to the extent of that conflict. (3) To the extent that a provision of these Regulations does not apply in relation to a ship because of paragraph (2) there is in relation to that ship a duty on the employer to ensure, so far as reasonably practicable, the health and safety of the workers engaged in that activity. (4) These Regulations do not apply— (a) to workers exposed only to ionising radiation ; or (b) to, or in relation to the activities of, workers to which the Control of Substances Hazardous to Health Regulations 2002 or the Control of Substances Hazardous to Health Regulations (Northern Ireland) 2003 apply. (5) The provisions of the General Duties Regulations continue to apply to activities to which these Regulations apply; where these Regulations contain more stringent or specific provisions then such provisions apply. (6) This regulation (other than paragraph (1)) and regulations 21 and 23 apply in relation to ships which are not United Kingdom ships, when they are in United Kingdom waters. (7) In paragraph (2)— “ civil protection services ” includes the fire and rescue and ambulance services and search and rescue services provided by any other person; “ public service activities ” includes the activities of the armed forces, HM Coastguard, HM Revenue and Customs, immigration officers, police, prison officers and the security and intelligence services.

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