Annex 5
APPLICATION OF EUROPEAN LEGISLATION TO MoD
ACTIVITIES
In framing health and safety legislation based
on EU Directives, the UK—unlike most other EU countries—
does not take advantage of a derogation which excludes application
to the armed forces where there is an "inevitable conflict".
Not using the derogation allows a level playing field across the
public and private sectors. Two factors allow this to be done
without compromising the operational capability of the Armed Forces:
a) The phrasing of the principal statutory
duties in the Health and Safety at Work Act is adaptable enough
to allow appropriate consideration of the operational imperative.
b) Specific exemptions and disapplications
for MoD are often included or allowed for in UK regulations based
on Directives.
MoD is consulted about new legislation and has
a special function in its central health and safety policy department
to monitor development of Directives and UK regulations based
on them.
An example of this process in operation is the
current negotiations over MoD exemptions under impending regulations
on vibration and noise (being made to implement the Physical Agents
Directive). MoD highlighted at an early stage problems it would
have in complying with the proposed exposure standards. Whilst
it is seeking to avoid application of these to certain activities,
it accepts that the rest of the regulations should quite properly
be applied to it in full.
The sets of regulations listed below contain
MoD specific disapplications or exemptions. Some contain a regulation
allowing the Secretary of State for Defence (as opposed to HSE)
to exempt the Armed Forces from specific regulations. As far as
we are aware, this power has not been exercised. These are:
Ionising Radiations Regulations 1999
Management of Health and Safety at Work Regulations
1999
Lifting Operations and Lifting Equipment Regulations
1998
Provision and Use of Work Equipment Regulations
1998
Manual Handing Operations Regulations 1992
Health and Safety (Display Screen Equipment)
Regulations 1992
Personal Protective Equipment at Work Regulations
1992
Control of Substances Hazardous to Health Regulations
2002
Noise at Work Regulations 1989
The following regulations contain limited disapplications
specific to MoD activities or personnel.
lonising Radiations Regulations 1999
Control of Substances Hazardous to Health Regulations
2002
Reporting of Injuries, Disease and Dangerous
Occurrences Regulations 1995
Diving at Work Regulations 1997
Pressure Systems Safety Regulations 2000
Working Time Regulations 1998
Supply of Machinery (Safety) Regulations 1992
(also police)
Personal Protective Equipment Regulations 2002
(also police)
July 2004
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