LRD guides and handbook July 2016

Health and safety law 2016

Chapter 8

Electromagnetic fields


[ch 8: pages 145-147]

Electromagnetic fields (EMFs) are a form of radiation that can have sensory and health effects and can affect the central nervous system and the body’s temperature at certain frequencies. EMF exposure can occur in any workplace that uses electrical equipment. The Health and Safety Executive (HSE) explains that an EMF is produced whenever a piece of electrical or electronic equipment (such as a computer or mobile phone) is used. EMFs are static electric, static magnetic and time varying electric, magnetic and electromagnetic (radio wave) fields with frequencies up to 300 GHz.


Exposure to high levels of EMFs can give rise to a range of sensory and health effects, depending on the frequency range and intensity of the EMFs to which workers are exposed. And the HSE explains that indirect effects can also occur. It gives the example of risk of injury from ferromagnetic objects in a large static magnetic field being attracted to the magnets and hitting anyone in the way. Health effects include micro-shocks from static electricity and static magnetic fields; nerve stimulation, effects on the central and peripheral nervous system, tingling, muscle contraction and heart arrthythmia from low frequency magnetic and electric fields and intermediate frequency fields; and thermal stress, heating effects leading to a rise in core body temperature or localised limb heating from high frequency fields.


At the beginning of July 2016, new Control of Electromagnetic Fields at Work Regulations 2016 (CEMFW Regulations) came into force, implementing the requirements of a European Union (EU) directive on electromagnetic fields. The directive takes account of recommendations published by the International Commission on Non-Ionizing Radiation Protection (ICNIRP) and introduces a system of exposure limit values (ELVs) “on the basis of biophysical and biological considerations, in particular on the basis of scientifically well-established short-term and acute direct effects, i.e. thermal effects and electrical stimulation of tissues.”


The Directive does not address suggested long-term effects of exposure to electromagnetic fields, including possible carcinogenic effects, although it does require the European Commission to take into account new scientific knowledge in this area. The European Trade Union Confederation (ETUC) criticised the directive at draft stage, saying that it “short-changed” workers and put them at “deadly risk” because it disregarded the long-term effects.


The new CEMFW Regulations are the first specific UK EMF regulations and transpose the requirements of the Directive which go beyond, or are more specific than, the requirements in existing UK legislation. Before these new regulations came into force, the Management of Health and Safety at Work Regulations 1999 (and corresponding legislation in Northern Ireland), applied, supported by a Public Health England recommendation that the international ICNIRP guidelines be followed.


Under the new CEFW Regulations, employers must:


• assess the levels of EMFs to which employees may be exposed;


• ensure that exposure is below a set of ELVs;


• when appropriate, assess the risks of workers’ exposure and eliminate or minimise those risks. The employer must ensure they take workers at particular risk, such as expectant mothers and workers with active or passive implanted or body-worn medical devices, into account;


• when appropriate, devise and implement an action plan to ensure compliance with the exposure limits;


• provide information and training on the particular risks (if any) posed to employees by EMFs in the workplace and details of any action they are taking to remove or control them. This information should also be made available to safety representatives;


• take action if employees are exposed to EMFs in excess of the ELVs; and


• provide health surveillance as appropriate.


The Regulations allow the sensory effects ELVs to be exceeded when certain safety conditions are met. In addition, the exposure limits do not apply in the following circumstances:


• in operational military installations or during military activities, including joint international military exercises; or


• during the development, testing, installation, use and maintenance of, or research related to, magnetic resonance imaging equipment for patients in the health sector, where;


• the exposure of employees above the ELV is reduced to the lowest level reasonably practicable; and


• employees are protected against the health effects and safety risks arising from their exposure to electromagnetic fields; or


• if the HSE has issued an exemption for a particular work activity and the employer meets the conditions of that exemption.


HSE guidance accompanying the regulations contains a list of sources of EMF where ELVs will not be exceeded or pose a risk for most workers and a non-exhaustive list of work activities/equipment where further consideration will be necessary. This second list includes: radio and TV broadcasting systems and devices; certain types of welding; industrial electrolysis; microwave drying in the construction industry; MRI equipment and medical diagnostic treatment equipment using EMFs, such as diathermy and transcranial magnetic stimulation; electrically powered trains and trams, and radar systems.


The new regulations require that employers must devise and implement an action plan to ensure compliance with the exposure limits unless:


• the exposure assessment shows that the ELVs are not exceeded or;


• the exposure limits are only exceeded during: work activities where the applicable safety conditions stated in the Schedule to the CEMFAW Regulations 2016 are met (this only allows the sensory effect ELVs to be exceeded); and/or work activities covered by the MRI or military exemption; or exempted work activities.


The HSE guidance, Electromagnetic Fields at Work – A guide to the Control of Electromagnetic Fields at Work Regulations 2016 (HSG 281) is available on the HSE website (www.hse.gov.uk/pubns/priced/hsg281.pdf).


The European Commission has published a practical guide and 12 case studies on good practice for implementing the requirements of the directive. Aimed particularly at small to medium-sized enterprises, the Commission says it will also be useful for workers and safety reps, as well as enforcement agencies. The guide and case studies can be found on the European Commission website (http://ec.europa.eu/social/main.jsp?catId=82&furtherPubs=yes&langId=en).


The European Trade Union Institute (ETUI) has also produced new guidance on preventing exposure to EMFs which also aims to help workers to understand the new EU Directive. The guide provides an overview of occupational exposure to EMFs according to frequency: static fields, low, intermediate and radio frequencies. It also recommends how a precautionary approach can help to reduce high exposure. Electromagnetic fields in working life. A guide to risk assessment is available from the ETUI website (www.etui.org/Publications2/Guides/Electromagnetic-fields-in-working-life.-A-guide-to-risk-assessment).