The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Asbestos) Regulations 2010

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The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Asbestos) Regulations 2010

Statutory Instruments

Merchant Shipping

Made

14 th December 2010

Laid before Parliament

17 th December 2010

Coming into force

10 th January 2011

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972(1) and by section 85(1) , (3) , (5) and (7) and 86(1) of the Merchant Shipping Act 1995(2).

The Secretary of State is a Minister designated(3) for 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 on them.

In accordance with section 86(4) of the Merchant Shipping Act 1995 the Secretary of State has consulted the persons referred to in that section.

PART 1 GENERAL

Citation and commencement

1.  These Regulations may be cited as the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Asbestos) Regulations 2010 and they come into force on 10 th January 2011.

Interpretation

2.—(1) In these Regulations—

“the 1997 WHO recommended method” means the method of determining airborne fibre concentrations recommended in the document “Determination of airborne fibre concentrations. A recommended method, by phase-contrast optical microscopy (membrane filter method)” published by the World Health Organization, Geneva, 1997 (ISBN 92 4 154496 1) , or any other method giving equivalent results which is approved by the Maritime and Coastguard Agency or the Health and Safety Executive;

“the Act” means the Merchant Shipping Act 1995;

“the area of activity” means the area where activity likely to involve a risk of exposure to asbestos is carried out;

“asbestos” means the following fibrous silicates, and any materials or products consisting of or containing these fibrous silicates—

asbestos actinolite, CAS No 77536–66–4 ,

asbestos gruenerite (amosite) , CAS No 12172–73–5 ,

asbestos anthophyllite, CAS No 77536–67–5 ,

chrysotile, CAS No 12001–29–5 ,

crocidolite, CAS No 12001–28–4 , and

asbestos tremolite, CAS No 77536–68–6;

“CAS No” means the number in the Registry of the Chemical Abstracts Service (CAS)(4);

“contract of employment” means a contract of employment, whether express or implied, and if express, whether oral or in writing;

“demolition” means ship-breaking or ship-recycling;

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

“General Duties Regulations” means the Merchant Shipping and Fish...

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