Regulation 3 Duties under these Regulations

England, Wales and Scotland

(1)

Where a duty is placed by these Regulations on an employer in respect of his employees, he shall, so far as is reasonably practicable, be under a like duty in respect of any other person, whether at work or not, who may be affected by the work carried out by the employer except that the duties of the employer—

(a)

under regulation 10 (medical surveillance) shall not extend to persons who are not his employees other than employees of another employer who are working under the direction of the first-mentioned employer; and

(b)

under regulations 9, 11(1) and (2) and 12 (which relate respectively to monitoring, information and training and dealing with accidents) shall not extend to persons who are not his employees, unless those persons are on the premises where the work is being carried out.

(2)

These Regulations shall apply to a self-employed person as they apply to an employer and an employee and as if that self-employed person were both an employer and an employee, except that regulation 9 (air monitoring) shall not apply to a self-employed person.

F1(3)

These Regulations shall not apply to the master or crew of a ship or to the employer of such persons in respect of the normal shipboard activities of a ship’s crew which—

(a)

are carried out solely by the crew under the direction of the master; and

(b)

are not liable to expose persons other than the master and crew to a risk to their health and safety,

and for the purposes of this paragraph “ship” includes every description of vessel used in navigation, other than a ship forming part of Her Majesty’s Navy.

Annotations

Textual amendments

F1: Reg. 3(3) substituted (17.1.2005) by The Control of Substances Hazardous to Health (Amendment) Regulations 2004 (S.I. 2004/3386), regs. 1, 4(a)