WORK PLACE (MINIMUM HEALTH AND SAFETY REQUIREMENTS FOR THE PROTECTION OF WORKERS FROM RISKS RESULTING FROM

SUBSIDIARY LEGISLATION 424.31

WORK PLACE (MINIMUM HEALTH AND SAFETY

REQUIREMENTS FOR THE PROTECTION OF

WORKERS FROM RISKS RESULTING FROM

EXPOSURE TO VIBRATION) REGULATIONS *

6th July, 2005

LEGAL NOTICE 371 of 2005, as amended by Act XXXIII of 2024.

(1) The title of these regulations is the Work Place

(Minimum Health and Safety Requirements for the Protection of

Wor ke r s f ro m Risk s r e su lt in g f r om E xp os ur e t o Vi br a tio n)

Regulations.

(2) The scope of these regulations is to lay down minimum

requirements for the protection of workers from risks to their health

and safety arising or likely to arise from exposure to mechanical

vibration. The requirements of these regulations shall apply to all

those activities in which workers are, or are likely, to be exposed to

risks from mechanical vibration during their work. These

regulations shall implement Directive 2002/44/EC of the European

Parliament and of the Council.

(3) These regulations shall apply fully to all workers without

prejudice to more stringent or more specific provisions contained in

any other law or regulation on the protection of workers from the

risks related to exposure to vibration.

(4) These regulations shall be deemed to have come into force

on the 6th July, 2005

Provided that, with regard to work equipment which is

given to the workers before the 6th July, 2007, and which does not

permit the exposure limit values to be respected, taking into

account the latest technical advances or the organisational

measures taken, regulation 5(3) shall come into force on the 6th

July, 2010

Provided further that with regard to equipment used in the

agriculture sector, regulation 5(3) shall come into force on the 6th

July, 2014.

(Regulations 3 and 4)

Part A. HAND-ARM VIBRATION

1. Assessment of exposure

The assessment of the level of exposure to hand-arm vibration is based on

the calculation of the daily exposure value normalised to an eight-hour reference

period A(8), expressed as the square root of the sum of the squares (rms) (total

value) of the frequency-weighted acceleration values, determined on the orthogonal

axes a hwx , a hwy , hwz as defined in Chapters 4 and 5 and Annex A to ISO standard

5349-1(2001).

The assessment of the level of exposure may be carried out on the basis of

an estimate based on information provided by the manufacturers concerning the

level of emission from the work equipment used, and based on the observation of

specific work practices or on measurement.

2. Measurement

When measurement is employed in accordance with regulation 4(1)

(a) the methods used may include sampling, which must be representative

of the personal exposure of a worker to the mechanical vibration in

question; the methods and apparatus used must be adapted to the

particular characteristics of the mechanical vibration to be measured, to

ambient factors and to the characteristics of the measuring apparatus, in

accordance with ISO standard 5349-2(2001);

(b) in the case of devices which need to be held with both hands,

measurements must be made on each hand. The exposure is determined

by reference to the higher value of the two; information for the other

hand shall also be given.

3. Interference

Regulation 4(4)(d) will apply, in particular where the mechanical vibration

interferes with the proper handling of controls or reading of indicators.

4. Indirect risks

Regulation 4(4)(d) will apply in particular when the mechanical vibration

interferes with the stability of structures or the security of joints.

5. Individual protectors

Personal protective equipment against hand-arm vibration may contribute to

the programme of measures referred to in regulation 5(2).

Part B. WHOLE-BODY VIBRATION

1. Assessment of exposure

The assessment of the level of exposure to vibration is based on the

calculation of daily exposure A(8) expressed as equivalent continuous acceleration

over an eight-hour period, calculated as the highest (rms) value, or the highest

vibration dose value (VDV) of the frequency-weighted accelerations, determined on

three orthogonal axes (1.4a wx , 1.4a wy ,a wz for a seated or standing worker) in

accordance with Chapters 5, 6 and 7, Annex A and Annex B to ISO standard 2631-

1(1997).

W OR K P LA C E (M IN IM UM H EA LTH AN D S AF E TY

The assessment of the level of exposure may be carried out on the basis of

an estimate based on information provided by the manufacturers concerning the

level of emission from the work equipment used, and based on observation of

specific work practices or on measurement.

2. Measurement

When measurement is employed in accordance with regulation 4(1), the

methods used may include sampling, which must be representative of the personal

exposure of a worker to the mechanical vibration in question. The methods used

must be adapted to the particular characteristics of the mechanical vibration to be

measured, to ambient factors and to the characteristics of the measuring apparatus.

3. Interference

Regulation 4(4)(d) will apply, in particular where the mechanical vibration

interferes with the proper handling of controls or reading of indicators.

4. Indirect risks

Regulation 4(4)(d) will apply, in particular when the mechanical vibration

interferes with the stability of structures or the security of joints.

5. Extension of exposure

Regulation 4(4)(g) will apply, in particular where, owing to the nature of the

activity, a worker benefits from the use of rest facilities supervised by the employer;

exposure to whole-body vibration in those facilities must be reduced to a level

compatible with their purpose and conditions of use, except in cases of force

majeure.

In these regulations, unless the context otherwise requires-

"Act" means the Health and Safety at Work Act;

"Authority" means the Occupational Health and Safety Authority

established by article 4 of the Act;

*These regulations have been transferred to Cap. 646. Vide S.L. 646.21 and Act

XXXIII of 2024.

F RO M R I S K S R E S ULT ING F R OM E XP O S UR E TO VI B R ATI ON)

"hand-arm vibration" means the mechanical vibration that, when

transmitted to the human hand-arm system, entails risks to the

health and safety of workers, in particular vascular, bone or joint,

neurological or muscular disorders;

"the Minister" means the Minister responsible for occupational

health and safety;

"whole-body vibration" means the mechanical vibration that,

when transmitted to the whole body, entails risks to the health and

safety of workers, in particular lower-back morbidity and trauma of

the spine.

(1) The occupational exposure limit value and action limit

value for hand-arm vibration shall be as follows

(a) the daily exposure limit value standardised to an eight-

hour reference period shall be 5 m/s 2 ;

(b) the daily exposure action value standardised to an

eight-hour reference period shall be 2.5 m/s 2 .

Workers’ exposure to hand-arm vibration shall be assessed

or measured on the basis of the provisions of point 1 of Part A of

the Schedule.

(2) The exposure limit value and action limit value for whole-

body vibration shall be as follows

(a) the daily exposure limit value standardised to an eight-

hour reference period shall be 1.15 m/s 2 ;

(b) the daily exposure action value standardised to an

eight-hour reference period shall be 0.5 m/s 2 .

Workers’ exposure to whole-body vibration shall be

assessed or measured on the basis of the provisions of point 1 of

Part B of the Schedule.

(1) The employer shall assess and, if necessary, measure

the levels of mechanical vibrations to which workers are exposed.

Measurement shall be carried out in accordance with point 2 of Part

A or point 2 of Part B of the Schedule, as appropriate.

(2) The level of exposure to mechanical vibration may be

assessed by means of observation of specific working practices and

reference to relevant information on the probable magnitude of the

vibration corresponding to the equipment or the types of equipment

used in the particular conditions of use, including such information

provided by the manufacturer of the equipment. That operation

shall be distinguished from measurement, which requires the use of

specific apparatus and appropriate methodology.

(3) The assessment and measurement referred to in

subregulation (1) shall be planned and carried out by competent

persons at suitable intervals. The results obtained from the

assessment or measurement of the level of exposure to mechanical

vibration shall be preserved in a suitable form so as to permit

consultation at a later stage.

(4) The employer shall give particular attention, when carrying

out the risk assessment, to the following-

(a) the level, type and duration of exposure, including any

exposure to intermittent vibration or repeated vibration

shocks;

(b) the exposure limit values and the exposure action

values laid down in regulation 3;

(c) any effects concerning the health and safety of workers

at particularly sensitive risk;

(d) any indirect effects on worker health and safety

resulting from interactions between mechanical

vibration and the workplace or other work equipment;

(e) information provided by the manufacturers of work

equipment in accordance with the relevant Community

Directives in force;

(f)

the existence of replacement equipment designed to

reduce the levels of exposure to mechanical vibration;

(g) the extension of exposure to whole-body vibration

beyond normal working hours under the employer’s

responsibility;

(h) specific working conditions such as low or high

temperatures;

(i)

appropriate information obtained from health

surveillance, including published information, as far as

possible.

(5) The employer shall be in possession of an assessment of

the risk in accordance with regulation 10 of the General Provisions

for Health & Safety at Work Place, Regulations, and shall identify

those measures which must be taken in accordance with regulations

5 and 6. The risk assessment shall be recorded on a suitable

medium, and it may include a justification by the employer that the

nature and extent of the risks related to mechanical vibration make

a further detailed risk assessment unnecessary. The risk assessment

shall be kept up-to-date on a regular basis, particularly if there have

been significant changes which could render it out-of-date, or when

the results of health surveillance show it to be necessary.

(1) Every employer shall take measures to eliminate at

their source or minimize the risks arising from exposure to

mechanical vibration, taking account of technical progress and of

the availability of measures to control the risk at source.

(2) On the basis of the risk assessment referred to in regulation

4, once the exposure action values laid down in regulation 3(1)(b)

and (2)( b ) are exceeded, the employer shall establish and

implement a programme of technical or organisational measures

intended to reduce to a minimum exposure to mechanical vibration

and the attendant risks, taking into account in particular

(a) other working methods that require less exposure to

mechanical vibration;

F RO M R I S K S R E S ULT ING F R OM E XP O S UR E TO VI B R ATI ON)

(b) the choice of appropriate work equipment of

appropriate ergonomic design and, taking account of

the work to be done, producing the least possible

vibration;

(c) the provision of auxiliary equipment that reduces the

risk of injuries caused by vibration, such as seats that

effectively reduce whole-body vibration and handles

which reduce the vibration transmitted to the hand-arm

system;

(d) appropriate maintenance programmes for work

equipment, the workplace and workplace systems;

(e) the design and layout of workplaces and work stations;

(f)

adequate information, training and instruction of

workers to use work equipment correctly and safely in

order to reduce their exposure to mechanical vibration

to a minimum;

(g) limitation of the duration and intensity of the

exposure;

(h) appropriate work schedules with adequate rest periods;

(i)

the provision of clothing to protect exposed workers

from cold and damp.

(3) In any event, workers shall not be exposed above the

exposure limit value. If, despite the measures taken by the

employer to comply with these regulations, the exposure limit

value is exceeded, the employer shall take immediate action to

reduce exposure below the exposure limit value. The employer

shall identify the reasons why the exposure limit value has been

exceeded, and shall amend the protection and prevention measures

accordingly in order to prevent it being exceeded again. The

employer shall adapt the measures referred to in this regulation to

the requirements of workers at particular risk.

The employer shall ensure that workers who are exposed to

the risks from mechanical vibration at work or their representatives

for safety and health at work, receive information and training

relating to the outcome of the risk assessment provided for in

regulation 4(1), concerning in particular

(a) the measures taken to implement these regulations in

order to eliminate or reduce to a minimum the risks

from mechanical vibration;

(b) the exposure limit values and the exposure action

values;

(c) the results of the assessment and measurement of the

mechanical vibration carried out in accordance with

regulation 4 and the potential harm arising from the

work equipment in use;

(d) why and how to detect and report signs of injury;

(e) the circumstances in which workers are entitled to

health surveillance;

(f)

safe working practices to minimise exposure to

mechanical vibration.

Consultation and participation of workers or their

representatives on the matters covered by these regulations and the

schedule hereto, including the assessment and measurement of

vibration experienced at work, shall take place in accordance with

the General Provisions for Health and Safety at Work Places

Regulations.

(1)(a) Without prejudice to each worker’s right, if the worker

so wishes, to receive health surveillance at regular

intervals, an employer shall make arrangements for

carrying out appropriate health surveillance of workers

for whom the results of the assessment referred to in

regulation 4 reveal a risk to health, and such health

records shall be made available to the Authority.

(b) Health surveillance, the results of which are taken into

account in the application of preventive measures at a

specific workplace, shall be intended to prevent and

diagnose rapidly any disorder linked with exposure to

mechanical vibration. Such surveillance shall be

appropriate where

(i)

the exposure of workers to vibration is such that

a link can be established between that exposure

and an identifiable illness or harmful effects on

health,

(ii) it is probable that the illness or the effects occur

in a worker’s particular working conditions, and

(iii) there exist medical examinations for the

detection of the illness or the harmful effects on

health;

(c) In any event, workers exposed to mechanical vibration

in excess of the values stated in regulation 3(1)(b) and

(2)(b) shall be entitled to appropriate health

surveillance.

(2) An employer shall ensure that for each worker who

undergoes health surveillance in accordance with subregulation (1),

individual health records are made and kept up-to-date.

(3)

(a) Health records shall contain a summary of the results

of the health surveillance carried out, and shall be kept

in a suitable form so as to permit any consultation in a

confidential manner at a later date.

(b) Copies of the appropriate records shall be supplied to

the Authority on request; the individual worker shall,

at his request, have access to the health records

relating to him personally.

(4) Where, as a result of health surveillance, a worker is found

to have an identifiable disease or adverse health effect which is

F RO M R I S K S R E S ULT ING F R OM E XP O S UR E TO VI B R ATI ON)

considered by a doctor or other competent person to be the result of

exposure to mechanical vibration at work

(a) the worker shall be informed by the doctor or other

suitably competent person of the result which relates

to him personally, and shall, in particular, receive

information and advice regarding any health

surveillance which he should undergo following the

end of exposure;

(b) the employer shall be informed of any significant

findings from the health surveillance, taking into

account any medical confidentiality;

(c) the employer shall

(i)

review the risk assessment carried out pursuant

to regulation 4,

(ii) review the measures provided for to eliminate or

reduce risks pursuant to regulation 5,

(iii) take into account the advice of the competent

person or the Authority in implementing any

measures required to eliminate or reduce risk in

accordance with regulation 5, including the

possibility of assigning the worker to alternative

work where there is no risk of further exposure,

and

(iv) arrange continued health surveillance and

provide for a review of the health status of any

other worker who has been similarly exposed. In

such cases, the doctor or competent person or

the Authority may propose that exposed persons

undergo an adequate medical examination.

(1) In compliance with the general principles of health and

safety protection for workers, in the case of sea and air transport,

the Minister responsible for the safety of the crew on board vessels,

may by order in writing grant exemptions from regulation 5(3) in

duly justified circumstances with respect to whole-body vibration

where, for technical reasons or the specific characteristics of

workplaces, it is not possible to comply with the exposure limit

value despite the technical or organisation measures taken.

(2) In a case where the exposure of a worker to mechanical

vibration is usually below the exposure action values given in

regulation 3(1)(b) and (2)(b) but varies markedly from time to time

and may occasionally exceed the exposure limit value, the Minister

may by order in writing grant exemptions from regulation 5(3).

However, the exposure value averaged over forty hours must be

less than the exposure limit value and there must be evidence to

show that the risks from the pattern of exposure as it is occurring

are lower than those from exposure at the exposure limit value.

(3) The exemptions referred to in subregulations (1) and (2)

shall be subject to conditi ons, which i n view of individual

circumstances, ensure that the risks resulting from such exemptions

are reduced to a minimum and the exemptions shall be reviewed

periodically and be revoked as soon as is reasonably practicable.

In any proceedings for an offence under these regulations

consisting of failure to comply with a duty or requirement to do

something, or to do something so far as is reasonably practicable, it

shall be for the accused to prove (as the case may be) that it was not

practicable or not reasonably practicable to do more than was in

fact done to satisfy the duty or requirement, or there was no better

practicable means than was in fact used to satisfy the duty or

requirement.

Any person who knowingly or recklessly interferes with

the process of providing a safe and healthy place of work shall be

guilty of an offence.

F RO M R I S K S R E S ULT ING F R OM E XP O S UR E TO VI B R ATI ON)