{
  "url": "https://openlegislation.uk/carcinogens-and-mutagens-miscellaneous-amendments-regulations-2020/note",
  "json_url": "https://openlegislation.uk/carcinogens-and-mutagens-miscellaneous-amendments-regulations-2020/note.json",
  "legislation": "uksi/2020/40",
  "legislation_title": "The Carcinogens and Mutagens (Miscellaneous Amendments) Regulations 2020",
  "legislation_url": "https://openlegislation.uk/carcinogens-and-mutagens-miscellaneous-amendments-regulations-2020",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations amend the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Carcinogens and Mutagens) Regulations 2007 (S.I. 2007/3100) (“the 2007 Regulations”) and the Mines Regulations 2014 (S.I. 2014/3248) (“the 2014 Regulations”). They implement, in relation to United Kingdom ships (as defined by regulation 2 of the 2007 Regulations), Directive 2017/2398/EC (OJ No. L345, 27.12.2017, p. 87-95), which amends Directive 2004/37/EC on the protection of workers from the risks related to exposure to carcinogens or mutagens at work. They also make provision to implement Directive 2017/2398/EC in relation to coal mine workers in Great Britain.\nIn relation to United Kingdom ships, regulation 3 imposes on employers an additional obligation in relation to the health surveillance of workers. If a doctor or body responsible for undertaking the health surveillance of a worker recommends that such surveillance be continued after exposure has ended, the worker’s employer must ensure that the surveillance is continued for the period recommended. Regulation 5 amends Schedule 1 to the 2007 Regulations so that work involving exposure to respirable crystalline silica dust (“RCS dust”) generated by a work process is added to the list of other substances and processes to which the definition of carcinogen relates. Regulation 6 replaces the table of limit values for occupational exposure in the 2007 Regulations with an updated version.\nWhere a duty is owed by an employer to a worker in respect of a risk concerning workplace health and safety provided for in the 2007 Regulations, and at least one seafarer who is not a worker is exposed to that risk, a duty is imposed in respect of seafarers who are not workers by regulation 13A of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997 (S.I. 1997/2962).\nThese Regulations are also relevant to ships which are not United Kingdom ships when such ships are in United Kingdom waters. Such ships are subject to inspection to ascertain whether the standards required in relation to United Kingdom ships by the 2007 Regulations are met in relation to the ship in question. If a ship falls short of the standards, measures may be taken to rectify this.\nRegulations making provision in relation to United Kingdom ships are made under powers contained in the Merchant Shipping Act 1995, except in their application to Government ships (within the meaning of section 308(4) of the Merchant Shipping Act 1995), where the power is provided by section 2(2) of the European Communities Act 1972.\nRegulation 4 introduces a new provision into the 2007 Regulations which requires the Secretary of State to review the operation and effect of those Regulations and publish a report within five years after they come into force and within every five years after that. Following such a review, it will fall to the Secretary of State to consider whether the Regulations should remain as they are, or be revoked or amended. A further instrument would be needed to revoke the Regulations or to amend them.\nRegulation 7 amends the 2014 Regulations so that the Control of Substances Hazardous to Health Regulations 2002 apply to RCS dust below ground in coal mines. This will increase protections for workers in coal mines below ground in relation to exposure to RCS dust.\nIn so far as amendments to the 2014 Regulations are concerned, a full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available from www.legislation.gov.uk. The impact assessment is also available from the Health and Safety Executive, Redgrave Court, Merton Road, Bootle, Merseyside, L20 7HS. In so far as amendments to the 2007 Regulations are concerned, a full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, public or voluntary sector is foreseen.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2020/40/note",
    "retrieved_at": "2026-10-28T22:34:41.239519+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}