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

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Laws of Malta — Subsidiary Legislation 646.23 — WORK PLACE (MINIMUM HEALTH AND SAFETY REQUIREMENTS FOR THE PROTECTION OF WORKERS FROM RISKS RESULTING FROM

SUBSIDIARY LEGISLATION 646.23

WORK PLACE (MINIMUM HEALTH AND SAFETY

REQUIREMENTS FOR THE PROTECTION OF

WORKERS FROM RISKS RESULTING FROM

EXPOSURE TO ELECTROMAGNETIC FIELDS)

REGULATIONS

1st July, 2016 *

LEGAL NOTICE 257 of 2016, as amended by Act XXXIII of 2024.

Laws of Malta — Subsidiary Legislation 646.23 — WORK PLACE (MINIMUM HEALTH AND SAFETY REQUIREMENTS FOR THE PROTECTION OF WORKERS FROM RISKS RESULTING FROM

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

(Minimum Health and Safety Requirements for the Protection of

Workers from Risks resulting from Exposure to Electromagnetic

Fields) 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

electromagnetic fields during their work. These regulations shall

implement Directive 2013/35/EC of the European Parliament and

of the Council. These regulations cover all known direct

biophysical effects and indirect effects caused by electromagnetic

fields.

(3) The exposure limit values (ELVs) laid down in these

regulations cover only scientifically well-established links between

short-term direct biophysical effects and exposure to

electromagnetic fields.

(4)

These regulations do not cover suggested long-term

effects.

(5) These regulations do not cover the risks resulting from

contact with live conductors.

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

prejudice to more stringent and, or more specific provisions

contained in any other law or regulation on the protection of

workers from the risks related to exposure to electromagnetic

fields.

Laws of Malta — Subsidiary Legislation 646.23 — WORK PLACE (MINIMUM HEALTH AND SAFETY REQUIREMENTS FOR THE PROTECTION OF WORKERS FROM RISKS RESULTING FROM

PHYSICAL QUANTITIES REGARDING THE EXPOSURE

TO ELECTROMAGNETIC FIELDS

T h e f o l l o w i n g p h y s i c a l q u a n t i t i e s ar e u s e d t o d e s c r i b e t h e e x p o s u r e t o

electromagnetic fields

Electric field strength (E) is a vector quantity that corresponds to the force exerted

on a charged particle regardless of its motion in space. It is expressed in volt per metre

(Vm -1 ). A distinction has to be made between the environmental electric field and the

electric field present in the body (in situ) as a result of exposure to the

environmental electric field.

Limb current (I L ) is the current in the limbs of a person exposed to

electromagnetic fields in the frequency range from 10 MHz to 110 MHz as a result of

contact with an object in an electromagnetic field or the flow of capacitive currents

induced in the exposed body. It is expressed in ampere (A).

Contact current (I C ) is a current that appears when a person comes into contact

with an object in an electromagnetic field. It is expressed in ampere (A). A steady

state contact current occurs when a person is in continuous contact with an object in

an electromagnetic field. In the process of making such contact, a spark discharge

may occur with associated transient currents.

Electric charge (Q) is an appropriate quantity used for spark discharge and is

expressed in coulomb (C).

Magnetic field strength (H) is a vector quantity that, together with the magnetic flux

density, specifies a magnetic field at any point in space. It is expressed in ampere per

metre (Am -1 ).

Magnetic flux density (B) is a vector quantity resulting in a force that acts on

moving charges, expressed in tesla (T). In free space and in biological materials,

magnetic flux density and magnetic field strength can be interchanged using the

magnetic field strength of H = 1 Am -1 equivalence to magnetic flux density of B =

4π 10 -7 T (approximately 1.25 microtesla).

Power density (S) is an appropriate quantity used for very high frequencies, where

the depth of penetration in the body is low. It is the radiant power incident

perpendicular to a surface, divided by the area of the surface. It is expressed in watt

per square metre (Wm -2 ).

Specific energy absorption (SA) is an energy absorbed per unit mass of biological

tissue, expressed in joule per kilogram (Jkg -1 ). In these regulations, it is used for

establishing limits for effects from pulsed microwave radiation.

Specific energy absorption rate (SAR), averaged over the whole body or over parts

of the body, is the rate at which energy is absorbed per unit mass of body tissue and is

expressed in watt per kilogram (Wkg -1 ). Whole-body SAR is a widely accepted

quantity for relating adverse thermal effects to radio frequency (RF) exposure.

Besides the whole-body average SAR, local SAR values are necessary to evaluate and

limit excessive energy deposition in small parts of the body resulting from special

exposure conditions. Examples of such conditions include: an individual exposed to

RF in the low MHz range (e.g. from dielectric heaters) and individuals exposed in

the near field of an antenna.

Of these quantities, magnetic flux density (B), contact current (I C ), limb current

(I L ), electric field strength (E), magnetic field strength (H), and power density (S)

can be measured directly.

Laws of Malta — Subsidiary Legislation 646.23 — WORK PLACE (MINIMUM HEALTH AND SAFETY REQUIREMENTS FOR THE PROTECTION OF WORKERS FROM RISKS RESULTING FROM

In these regulations, unless the context otherwise requires -

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

"action levels (ALs)" means operational levels established for

the purpose of simplifying the process of demonstrating the

compliance with relevant ELVs or, where appropriate, to take

relevant protection or prevention measures specified in these

regulations.

* see regulation 1(7) of these Regulations as originally promulgated.

The Action Level terminology used in Schedule II is as follows

(a) for electric fields, "low ALs" and "high ALs" means

levels which relate to the specific protection or

prevention measures specified in these regulations;

and

(b) for magnetic fields, "low ALs" means levels which

relate to the sensory effects ELVs and "high ALs" to

the health effects ELVs;

"Authority" means the Occupational Health and Safety Authority

established by article 4 of the Act;

"Commission" means the Commission of the European Union;

"direct biophysical effects" means effects in the human body

directly caused by its presence in an electromagnetic field,

including

(a) thermal effects, such as tissue heating through energy

absorption from electromagnetic fields in the tissue;

(b) non-thermal effects, such as the stimulation of

muscles, nerves or sensory organs. These effects might

have a detrimental effect on the mental and physical

health of exposed workers. Moreover, the stimulation

of sensory organs may lead to transient symptoms,

such as vertigo or phosphenes. These effects might

create temporary annoyance or affect cognition or

other brain or muscle functions, and may thereby

affect the ability of a worker to work safely (i.e. safety

risks); and

(c) limb currents;

"electromagnetic fields" means static electric, static magnetic

and time-varying electric, magnetic and electromagnetic fields with

frequencies up to 300 GHz;

"exposure limit values (ELVs)" means values established 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;

"health effects ELVs" means those ELVs above which workers

might be subject to adverse health effects, such as thermal heating

or stimulation of nerve and muscle tissue;

"indirect effects" means effects, caused by the presence of an

object in an electromagnetic field, which may become the cause of

a safety or health hazard, such as

(a) interference with medical electronic equipment and

devices, including cardiac pacemakers and other

implants or medical devices worn on the body;

(b) the projectile risk from ferromagnetic objects in static

magnetic fields;

(c) the initiation of electro-explosive devices (detonators);

(d) fires and explosions resulting from the ignition of

flammable materials by sparks caused by induced

fields, contact currents or spark discharges; and

(e) contact currents;

"sensory effects ELVs" means those ELVs above which workers

might be subject to transient disturbed sensory perceptions and

minor changes in brain functions;

"Union" means the European Union.

Laws of Malta — Subsidiary Legislation 646.23 — WORK PLACE (MINIMUM HEALTH AND SAFETY REQUIREMENTS FOR THE PROTECTION OF WORKERS FROM RISKS RESULTING FROM

NON-THERMAL EFFECTS

EXPOSURE LIMIT VALUES AND ACTION LEVELS IN THE FREQUENCY

RANGE FROM 0 Hz TO 10 MHz

PART A.

EXPOSURE LIMIT VALUES (ELVs)

ELVs below 1 Hz (Table A1) are limits for static magnetic field which is not

affected by the tissue of the body.

ELVs for frequencies from 1 Hz to 10 MHz (Table A2) are limits for electric fields

induced in the body from exposure to time-varying electric and magnetic fields.

ELVs for external magnetic flux density from 0 to 1 Hz

The sensory effects ELV is the ELV for normal working conditions (Table A1) and

is related to vertigo and other physiological effects related to disturbance of the

human balance organ resulting mainly from moving in a static magnetic field.

The health effects ELV for controlled working conditions (Table A1) is applicable

on a temporary basis during the shift when justified by the practice or process,

provided that preventive measures, such as controlling movements and providing

information to workers, have been adopted.

Table A1

ELVs for external magnetic flux density (B 0 ) from 0 to 1 Hz

Sensory effects ELVs

Normal working conditions

2 T

Localised limbs exposure

8 T

Health effects ELVs

Controlled working conditions

8 T

Health effects ELVs for internal electric field strength from 1 Hz to 10 MHz

Health effects ELVs (Table A2) are related to electric stimulation of all peripheral

and central nervous system tissues in the body, including the head.

Table A2

Health effects ELVs for internal electric field strength from 1 Hz to 10 MHz

Frequency range

Health effects ELVs

1.1 Vm -1 (peak)

1 Hz ≤ f < 3 kHz

3.8 × 10 -4 f Vm -1 (peak)

3 kHz ≤ f ≤ 10 MHz

Note A2-1: f is the frequency expressed in hertz (Hz).

Note A2-2: The health effects ELVs for internal electric field are spatial peak

values in the entire body of the exposed subject.

Note A2-3: The ELVs are peak values in time which are equal to the Root-Mean-

Square (RMS) values multiplied by √2 for sinusoidal fields. In the case of non-

sinusoidal fields, exposure evaluation carried out in accordance with regulation 4

shall be based on the weighted peak method (filtering in time domain), explained in

the practical guides made available by the Commission but other scientifically proven

and validated exposure evaluation procedures can be applied, provided that they lead

to approximately equivalent and comparable results.

Sensory effects ELVs for internal electric field strength from 1 Hz to 400 Hz

The sensory effects ELVs (Table A3) are related to electric field effects on the

central nervous system in the head, i.e. retinal phosphenes and minor transient

changes in some brain functions.

Table A3

Sensory effects ELVs for internal electric field strength

from 1 to 400 Hz

Frequency range

Sensory effects ELVs

0.7/f Vm -1 (peak)

1 ≤ f < 10 Hz

0.07 Vm -1 (peak)

10 ≤ f < 25 Hz

0.0028 f Vm -1 (peak)

25 ≤ f ≤ 400 Hz

Note A3-1: f is the frequency expressed in hertz (Hz).

Note A3-2: The sensory effects ELVs for internal electric field are spatial peak

values in the head of the exposed subject.

Note A3-3: The ELVs are peak values in time which are equal to the Root-Mean-

Square (RMS) values multiplied by √2 for sinusoidal fields. In the case of non-

sinusoidal fields, the exposure evaluation carried out in accordance with regulation 4

shall be based on the weighted peak method (filtering in time domain), explained in

the practical guides made available by the Commission, but other scientifically

proven and validated exposure evaluation procedures can be applied, provided that

they lead to approximately equivalent and comparable results.

PART B. ACTION LEVELS (ALs)

The following physical quantities and values are used to specify the action levels

(ALs), the magnitude of which are established to ensure by simplified assessment the

compliance with relevant ELVs or at which relevant protection or prevention

measures specified in regulation 5 must be taken

-

Low ALs(E) and high ALs(E) for electric field strength E of time

varying electric fields as specified in Table B1;

-

Low ALs(B) and high ALs(B) for magnetic flux density B of time

varying magnetic fields as specified in Table B2;

-

ALs(I C ) for contact current as specified in Table B3;

-

ALs(B 0 ) for magnetic flux density of static magnetic fields as

specified in Table B4.

ALs correspond to calculated or measured electric and magnetic field values at the

workplace in the absence of the worker.

Action levels (ALs) for exposure to electric fields

Low ALs (Table B1) for external electric field are based on limiting the internal

electric field below the ELVs (Tables A2 and A3) and limiting spark discharges in the

working environment.

Below high ALs, the internal electric field does not exceed the ELVs (Tables A2 and

A3) and annoying spark discharges are prevented, provided that the protection

measures referred to in regulation 5(6) are taken.

Table B1

ALs for exposure to electric fields from 1 Hz to 10 MHz

Frequency range

Electric field strength Low Electric field strength High

ALs (E)[Vm -1 ] (RMS)

ALs (E) [Vm -1 ] (RMS)

2.0 × 10 4

2.0 × 10 4

1 ≤ f < 25 Hz

5.0 × 10 5 /f

2.0 × 10 4

25 ≤ f < 50 Hz

5.0 × 10 5 /f

1.0 × 10 6 /f

50 Hz ≤ f < 1.64 kHz

5.0 × 10 5 /f

6.1 × 10 2

1.64 ≤ f < 3 kHz

1.7 × 10 2

6.1 × 10 2

3 kHz ≤ f ≤ 10 MHz

Note B1-1: f is the frequency expressed in hertz (Hz).

Note B1-2: The low ALs (E) and high ALs (E) are the Root-Mean-Square (RMS)

values of the electric field strength which are equal to the peak values divided by √2

for sinusoidal fields. In the case of non-sinusoidal fields, the exposure evaluation

carried out in accordance with regulation 4 shall be based on the weighted peak

method (filtering in time domain), explained in the practical guides made available

by the Commission, but other scientifically proven and validated exposure evaluation

procedures can be applied, provided that they lead to approximately equivalent and

comparable results.

Note B1-3: ALs represent maximum calculated or measured values at the workers’

body position. This results in a conservative exposure assessment and automatic

compliance with ELVs in all non-uniform exposure conditions. In order to simplify

the assessment of compliance with ELVs, carried out in accordance with regulation

4, in specific non-uniform conditions, criteria for the spatial averaging of measured

fields based on established dosimetry laid down in the practical guides made available

by the Commission. In the case of a very localised source within a distance of a few

c e n t i m e t r e s f r o m t h e b o d y, t h e i n d u c e d e l e c t r i c f i e l d s h a l l b e d e t e r m i n e d

dosimetrically, case by case.

Action levels (ALs) for exposure to magnetic fields

Low ALs (Table B2) are, for frequencies below 400 Hz, derived from the sensory

effects ELVs (Table A3) and, for frequencies above 400 Hz, from the health effects

ELVs for internal electric field (Table A2).

High ALs (Table B2) are derived from the health effects ELVs for internal electric

field related to electric stimulation of peripheral and autonomous nerve tissues in

head and trunk (Table A2). Compliance with the high ALs ensures that health effects

ELVs are not exceeded, but the effects related to retinal phosphenes and minor

transient changes in brain activity are possible, if the exposure of the head exceeds

the low ALs for exposures up to 400 Hz. In such a case, regulation 5(6) applies.

ALs for exposure of limbs are derived from the health effects ELVs for internal

electric field related to electric stimulation of the tissues in limbs by taking into

account that the magnetic field is coupled more weakly to the limbs than to the

whole body.

Table B2

ALs for exposure to magnetic fields from 1 Hz to 10 MHz

Frequency range

Magnetic flux

Magnetic flux

Magnetic flux

density Low

density High

density ALs for

ALs(B)[μT]

ALs(B) [μT]

exposure of limbs

(RMS)

(RMS)

to a localised

magnetic field

[μT] (RMS)

2.0 × 10 5 /f 2

3.0 × 10 5 /f

9.0 × 10 5 /f

1 ≤ f < 8 Hz

2.5 × 10 4 /f

3.0 × 10 5 /f

9.0 × 10 5 /f

8 ≤ f < 25 Hz

1.0 × 10 3

3.0 × 10 5 /f

9.0 × 10 5 /f

25 ≤ f < 300 Hz

3.0 × 10 5 /f

3.0 × 10 5 /f

9.0 × 10 5 /f

300 Hz ≤ f < 3 kHz

1.0 × 10 2

1.0 × 10 2

3.0 × 10 2

3 kHz ≤ f ≤ 10 MHz

Note B2-1: f is the frequency expressed in hertz (Hz).

Note B2-2: The low ALs and the high ALs are the Root-Mean-Square (RMS) values

which are equal to the peak values divided by √2 for sinusoidal fields. In the case of

non-sinusoidal fields the exposure evaluation carried out in accordance with

regulation 4 shall be based on the weighted peak method (filtering in time domain),

explained in the practical guides made available by the Commission, but other

scientifically proven and validated exposure evaluation procedures can be applied,

provided that they lead to approximately equivalent and comparable results.

Note B2-3: ALs for exposure to magnetic fields represent maximum values at the

workers’ body position. This results in a conservative exposure assessment and

automatic compliance with ELVs in all non-uniform exposure conditions. In order to

simplify the assessment of compliance with ELVs, carried out in accordance with

regulation 4, in specific non-uniform conditions, criteria for the spatial averaging of

measured fields based on established dosimetry laid down in the practical guides

made available by the Commission. In the case of a very localised source within a

distance of a few centimetres from the body, the induced electric field shall be

determined dosimetrically, case by case.

Table B3

ALs for contact current I C

Frequency

ALs (I C ) steady state contact current

[mA] (RMS)

up to 2.5 kHz

1.0

2.5 ≤ f < 100 kHz

0.4 f

100 ≤ f ≤ 10 000 kHz

Note B3-1: f is the frequency expressed in kilohertz (kHz).

Action levels (ALs) for magnetic flux density of static magnetic fields

Table B4

ALs for magnetic flux density of static magnetic fields

Hazards

ALs(B 0 )

Interference with active implanted devices,

0.5 mT

e.g. cardiac pacemakers

Attraction and projectile risk in the fringe field

3 mT

of high field strength sources (> 100 mT)

Laws of Malta — Subsidiary Legislation 646.23 — WORK PLACE (MINIMUM HEALTH AND SAFETY REQUIREMENTS FOR THE PROTECTION OF WORKERS FROM RISKS RESULTING FROM

(1) Physical

quantities

regarding

exposure

to

electromagnetic fields are indicated in Schedule I. Health effects

ELVs, sensory effects ELVs and ALs are set out in Schedules II and

III.

(2) Employers shall ensure that the exposure of workers to

electromagnetic fields is limited to the health effects ELVs and

sensory effects ELVs set out in Schedule II, for non-thermal

effects, and in Schedule III, for thermal effects. Compliance with

health effects ELVs and sensory effects ELVs must be established

by the use of relevant exposure assessment procedures referred to

in regulation 4. Where the exposure of workers to electromagnetic

fields exceeds the ELVs, the employer shall take immediate action

in accordance with regulation 5(8).

(3) For the purpose of these regulations, where it is

demonstrated that the relevant ALs set out in Schedules II and III

are not exceeded, the employer shall be deemed to be in

compliance with the health effects ELVs and sensory effects ELVs.

Where the exposure exceeds the ALs, the employer shall act in

accordance with regulation 5(2), unless the assessment carried out

in accordance with regulations 4(1), (2) and (3) demonstrates that

the relevant ELVs are not exceeded and that safety risks can be

excluded.

Notwithstanding the provisions of sub-regulation (1), exposure

may exceed

(a) low ALs for electric fields (Schedule II, Table B1),

where justified by the practice or process, provided

that either the sensory effects ELVs (Schedule II, Table

A3) are not exceeded; or

(i)

the health effects ELVs (Schedule II, Table A2)

are not exceeded;

(ii) the excessive spark discharges and contact

currents (Schedule II, Table B3) are prevented

by specific protection measures as set out in

regulation 5(6); and

(iii) information on the situations referred to in

regulation 6(f) has been given to workers;

(b) low ALs for magnetic fields (Schedule II, Table B2)

where justified by the practice or process, including in

the head and torso, during the shift, provided that

either the sensory effects ELVs (Schedule II, Table

A3) are not exceeded; or

(i) the sensory effects ELVs are exceeded only

temporarily;

(ii) the health effects ELVs (Schedule II, Table A2)

are not exceeded;

(iii) action is taken, in accordance with regulation

5(9), where there are transient symptoms under

paragraph (a) of that regulation; and

(iv) information on the situations referred to in

regulation 6(f) has been given to workers.

(4) Notwithstanding the provisions of sub-regulations (2) and

(3), exposure may exceed

(a) the sensory effects ELVs (Schedule II, Table A1)

during the shift, where justified by the practice or

process, provided that

(i) they are exceeded only temporarily;

(ii) the health effects ELVs (Schedule II, Table A1)

are not exceeded;

(iii) specific protection measures have been taken in

accordance with regulation 5(7);

(iv) action is taken in accordance with regulation

5(9), where there are transient symptoms under

paragraph (b) of that regulation; and

(v) information on the situations referred to in

regulation 6(f) has been given to workers;

(b) the sensory effects ELVs (Schedule II, Table A3 and

Schedule III, Table A2) during the shift, where

justified by the practice or process, provided that

(i) they are exceeded only temporarily;

(ii) the health effects ELVs (Schedule II, Table A2

and Schedule III, Table A1 and Table A3) are not

exceeded;

(iii) action is taken in accordance with regulation

5(9), where there are transient symptoms under

paragraph (a) of that regulation; and

(iv) information on the situations referred to in

regulation 6(f) has been given to workers.

Laws of Malta — Subsidiary Legislation 646.23 — WORK PLACE (MINIMUM HEALTH AND SAFETY REQUIREMENTS FOR THE PROTECTION OF WORKERS FROM RISKS RESULTING FROM

THERMAL EFFECTS

EXPOSURE LIMIT VALUES AND ACTION LEVELS IN THE FREQUENCY

RANGE FROM 100 kHz TO 300 GHz

PART A.

EXPOSURE LIMIT VALUES (ELVs)

Health effects ELVs for frequencies from 100 kHz to 6 GHz (Table A1) are limits

for energy and power absorbed per unit mass of body tissue generated from exposure

to electric and magnetic fields.

Sensory effects ELVs for frequencies from 0.3 to 6 GHz (Table A2) are limits on

a b s o r b e d e n e rg y i n a s m a l l m a s s o f t i s s u e i n t h e h e a d f r o m e x p o s u r e t o

electromagnetic fields.

Health effects ELVs for frequencies above 6 GHz (Table A3) are limits for power

density of an electromagnetic wave incident on the body surface.

Table A1

Health effects ELVs for exposure to electromagnetic fields from 100 kHz to 6 GHz

Health effects ELVs

SAR values averaged over any

six-minute period

0.4 Wkg -1

E LV s r e l a t e d t o w h o l e b o d y h e a t s t r e s s

expressed as averaged SAR in the body

10 Wkg -1

ELVs related to localised heat stress in head

and trunk expressed as localised SAR in the

body

20 Wkg -1

ELVs related to localised heat stress in the

limbs expressed as localised SAR in the limbs

Note A1-1: Localised SAR averaging mass is any 10 g of contiguous tissue; the

maximum SAR so obtained should be the value used for estimating exposure. This 10

g of tissue is intended to be a mass of contiguous tissue with roughly homogeneous

electrical properties. In specifying a contiguous mass of tissue, it is recognised that

this concept may be used in computational dosimetry but may present difficulties for

direct physical measurements. A simple geometry, such as cubic or spheric tissue

mass, can be used.

Sensory effects ELVs from 0.3 GHz to 6 GHz

This sensory effects ELVs (Table A2) is related to avoiding auditory effects caused

by exposures of the head to pulsed microwave radiation.

Table A2

Sensory effects ELVs for exposure to electromagnetic fields from 0.3 to 6 GHz

Frequency range

Localised specific energy absorption

(SA)

10 mJkg -1

0.3 ≤ f ≤ 6 GHz

Note A2-1: Localised SA averaging mass is 10 g of tissue.

Table A3

Health effects ELVs for exposure to electromagnetic fields from 6 to 300 GHz

Frequency range

Health effects ELVs related to power

density

50 Wm -2

6 ≤ f ≤ 300 GHz

Note A3-1: The power density shall be averaged over any 20 cm 2 of exposed area.

Spatial maximum power densities averaged over 1 cm 2 should not exceed 20 times

the value of 50Wm -2 . Power densities from 6 to 10 GHz are to be averaged over

any six-minute period. Above 10 GHz, the power density shall be averaged over

any 68/f 1.05 -minute period (where f is the frequency in GHz) to compensate for

progressively shorter penetration depth, as the frequency increases.

PART B.

ACTION LEVELS (ALs)

The following physical quantities and values are used to specify the action levels

(ALs), the magnitude of which are established to ensure by simplified assessment the

compliance with the relevant ELVs or at which relevant protection or prevention

measures specified in regulation 5 must be taken

-

ALs(E) for electric field strength E of time varying electric field, as

specified in Table B1;

-

ALs(B) for magnetic flux density B of time varying magnetic field, as

specified in Table B1;

-

ALs(S) for power density of electromagnetic waves, as specified in

Table B1;

-

ALs(I C ) for contact current, as specified in Table B2;

-

ALs(I L ) for limb current, as specified in Table B2.

ALs correspond to calculated or measured field values at the workplace in the

absence of the worker, as maximum value at the position of the body or specified

part of the body.

Action levels (ALs) for exposure to electric and magnetic fields

ALs(E) and ALs(B) are derived from the SAR or power density ELVs (Tables A1

and A3) based on the thresholds related to internal thermal effects caused by

exposure to (external) electric and magnetic fields.

Table B1

ALs for exposure to electric and magnetic fields from 100 kHz to 300 GHz

Frequency range

Electric field

Magnetic flux

Power density

strength ALs(E)

density ALs(B)

ALs(S)

[Vm -1 ] (RMS)

[Wm -2 ]

[μT] (RMS)

6.1 × 10 2

2.0 × 10 6 /f

100 kHz ≤ f < 1 MHz

-

6.1 × 10 8 /f

2.0 × 10 6 /f

1≤ f < 10 MHz

-

10 ≤ f < 400 MHz

0.2

-

3 × 10 -3 f ½

1. 0 × 10 -5 f ½

400 MHz ≤ f < 2 GHz

-

1.4 × 10 2

4.5 × 10 -1

2 ≤ f < 6 GHz

-

1.4 × 10 2

4.5 × 10 -1

6 ≤ f ≤ 300 GHz

Note B1-1: f is the frequency expressed in hertz (Hz).

Note B1-2: [ALs(E)] 2 and [ALs(B)] 2 are to be averaged over a six-minute period.

For RF pulses, the peak power density averaged over the pulse width shall not

exceed 1000 times the respective ALs(S) value. For multi-frequency fields, the

analysis shall be based on summation, as explained in the practical guides made

available by the Commission.

Note B1-3: ALs(E) and ALs(B) represent maximum calculated or measured values

at the workers’ body position. This results in a conservative exposure assessment and

automatic compliance with ELVs in all non-uniform exposure conditions. In order

to simplify the assessment of compliance with ELVs, carried out in accordance

with regulation 4, in specific non-uniform conditions, criteria for the spatial

averaging of measured fields based on established dosimetry laid down in the

practical guides made available by the Commission. In the case of a very localised

source within a distance of a few centimetres from the body, compliance with ELVs

shall be determined dosimetrically, case by case.

Note B1-4: The power density shall be averaged over any 20 cm 2 of exposed area.

Spatial maximum power densities averaged over 1 cm 2 should not exceed 20 times

the value of 50Wm -2 . Power densities from 6 to 10 GHz are to be averaged over

any six-minute period. Above 10 GHz, the power density shall be averaged over

any 68/f 1.05 -minute period (where f is the frequency in GHz) to compensate for

progressively shorter penetration depth as the frequency increases.

Table B2

ALs for steady state contact currents and induced limb currents

Frequency range

Steady state contact

Induced limb current in

current, ALs(I C ) [mA]

any limb, ALs(I L ) [mA]

(RMS)

(RMS)

100 kHz ≤ f < 10 MHz

-

10 ≤ f ≤ 110 MHz

Note B2-1: [ALs(I L )] 2 is to be averaged over a six-minute period.

Laws of Malta — Subsidiary Legislation 646.23 — WORK PLACE (MINIMUM HEALTH AND SAFETY REQUIREMENTS FOR THE PROTECTION OF WORKERS FROM RISKS RESULTING FROM

(1) The employer shall assess all risks for workers arising

from electromagnetic fields at the workplace and, if necessary,

measure or calculate the levels of electromagnetic fields to which

workers are exposed.

Without prejudice to regulation 12 of the General

Provisions for Health and Safety at Work Places Regulations and

regulation 6 of these regulations, that assessment can be made

public on request in accordance with relevant Union and national

laws and practice. In particular, in the case of processing the

personal data of employees in the course of such an assessment,

any publication shall comply with the Data Protection Act on the

protection of individuals with regard to the processing of personal

data and on the free movement of such data. Unless there is an

overriding public interest in disclosure, public authorities that are

in possession of a copy of the assessment may refuse a request for

access to it or a request to make it public, where disclosure would

undermine the protection of commercial interests of the employer,

including those relating to intellectual property. Employers may

refuse to disclose or make public the assessment under the same

conditions in accordance with the relevant Union and national laws

and practice.

(2) For the purpose of the assessment provided for in sub-

regulation (1) the employer shall identify and assess

electromagnetic fields at the workplace, taking into account the

relevant practical guides made available by the Commission and

ot h e r r e lev a n t s ta nd a r d s o r gu i de li ne s , in c l u di n g e x po s u r e

databases. Notwithstanding the employer’s obligations under this

regulation, the employer shall also be entitled, where relevant, to

take into account the emission levels and other appropriate safety-

related data provided, by the manufacturer or distributor, for the

equipment, in accordance with relevant Union law, including an

assessment of risks, if applicable to the exposure conditions at the

workplace or place of installation.

(3) If compliance with the ELVs cannot be reliably determined

on the basis of readily accessible information, the assessment of the

exposure shall be carried out on the basis of measurements or

calculations. In such a case, the assessment shall take into account

uncertainties concerning the measurements or calculations, such as

numerical errors, source modelling, phantom geometry and the

electrical properties of tissues and materials, determined in

accordance with relevant good practice.

(4) The assessment, measurement and calculations referred to

in sub-regulations ( 1), ( 2) and ( 3) shall be planned and carried

out by competent services or persons at suitable intervals, taking

into account the guidance given under these regulations and taking

particular account of regulations 9 and 13 of the General Provisions

for Health and Safety at Work Places Regulations. The data

obtained from the assessment, measurement or calculation of the

level of exposure shall be preserved in a suitable traceable form

so as to permit consultation at a later stage, in accordance with

national law and practice.

(5) When carrying out the risk assessment, the employer shall

give particular attention to the following

(a) the health effects ELVs, the sensory effects ELVs and

the ALs referred to in regulation 3 and Schedules II

and III;

(b) the frequency, the level, duration and type of exposure,

including the distribution over the worker’s body and

over the volume of the workplace;

(c) any direct biophysical effects;

(d) any effects on the health and safety of workers at

particular risk, in particular workers who wear active

or passive implanted medical devices, such as cardiac

pacemakers, workers with medical devices worn on the

body, such as insulin pumps, and pregnant workers;

(e) any indirect effects;

(f)

the existence of replacement equipment designed to

reduce the level of exposure to electromagnetic fields;

(g) appropriate information obtained from the health

surveillance referred to in regulation 8;

(h) information

provided

by

the

manufacturer

of

equipment;

(i)

other relevant health and safety related information;

(j)

multiple sources of exposure;

(k) simultaneous exposure to multiple frequency fields.

(6) In workplaces open to the public it is not necessary for the

exposure assessment to be carried out if an evaluation has already

been undertaken in accordance with the provisions on the limitation

of exposure of the general public to electromagnetic fields, if the

restrictions specified in those provisions are respected for workers

and if the health and safety risks are excluded. Where equipment

intended for the public use is used as intended and complies with

Union law on products that establish stricter safety levels than

those provided for by these regulations, and no other equipment is

used, these conditions are deemed to be met.

(7) The employer shall be in possession of an assessment of the

risks in accordance with regulation 10 of the General Provisions for

Health and Safety at Work Places Regulations, and shall identify

which measures must be taken in accordance with regulation 5 of

these regulations. The risk assessment may include the reasons why

the employer considers that the nature and the extent of the risks

related to electromagnetic fields make a further detailed risk

assessment unnecessary. The risk assessment shall be updated on a

regular basis, particularly if there have been significant changes

which could render it out of date, or if the results of the health

surveillance referred to in regulation 8 show this to be necessary.

Laws of Malta — Subsidiary Legislation 646.23 — WORK PLACE (MINIMUM HEALTH AND SAFETY REQUIREMENTS FOR THE PROTECTION OF WORKERS FROM RISKS RESULTING FROM

(1) Taking account of technical progress and the

availability of measures to control the production of

electromagnetic fields at the source, the employer shall take the

necessary actions to ensure that risks arising from electromagnetic

fields at the workplace are eliminated or reduced to a minimum.

(2)

On the basis of the risk assessment referred to in regulation

4, once the relevant ALs, referred to in regulation 3 and in

Schedules II and III, are exceeded and unless the assessment

carried out in accordance with regulation 4(1), (2) and (3)

demonstrates that the relevant ELVs are not exceeded and that

safety risks can be excluded, the employer shall devise and

implement an action plan that shall include technical and, or

organisational measures to prevent exposure exceeding the health

effects ELVs and sensory effects ELVs, taking into account, in

particular

(a) other working methods that entail less exposure to

electromagnetic fields;

(b) the choice of equipment emitting less intense

electromagnetic fields, taking account of the work to

be done;

(c) technical measures to reduce the emission of

electromagnetic fields, including, where necessary, the

use of inter- locks, shielding or similar health

protection mechanisms;

(d) appropriate delimitation and access measures, such as

signals, labels, floor markings, barriers, in order to

limit or control access;

(e) in the case of exposure to electric fields, measures and

procedures to manage spark discharges and contact

currents through technical means and through the

training of workers;

(f)

appropriate maintenance programmes for work

equipment, workplaces and workstation systems;

(g) the design and layout of workplaces and workstations;

(h) limitations of the duration and intensity of the

exposure;

(i)

the availability of adequate personal protection

equipment.

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

4, the employer shall devise and implement an action plan that

shall include technical and, or organisational measures to prevent

any risks to workers at particular risk, and any risks due to

indirect effects, referred to in regulation 4.

(4) In addition to providing the information set out in

regulation 6, the employer shall adapt the measures referred to in

this regulation to the requirements of workers at particular risk and,

where applicable, to individual risks assessments, in particular in

respect of workers who have declared the use of active or passive

implanted medical devices, such as cardiac pacemakers, or the use

of medical devices worn on the body, such as insulin pumps, or in

respect of pregnant workers who have informed their employer of

their condition.

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

4, workplaces where workers are likely to be exposed to

electromagnetic fields that exceed the ALs shall be indicated by

appropriate signs in accordance with Schedules II and III and with

t h e Wor k P l a c e ( P r o v i s i o n of H e a l t h an d , or S a f e t y S i g ns )

Regulations. The areas in question shall be identified and access to

them limited, as appropriate. Where access to these areas is

suitably restricted for other reasons and workers are informed of

the risks arising from electromagnetic fields, signs and access

restrictions specific to electromagnetic fields shall not be required.

(6) Where regulation 3(3)(a) applies, specific protection

measures shall be taken, such as the training of workers in

accordance with regulation 6 and the use of technical means and

personal protection, for example the grounding of work objects, the

bonding of workers with work objects (equipotential bonding) and,

where appropriate and in accordance with Article 4(1)(a) of

Council Directive 89/656/EEC of 30 November 1989 on the

minimum health and safety requirements for the use by workers of

personal protective equipment at the workplace, the use of

insulating shoes, gloves and protective clothing.

(7) Where regulation 3(4)(a) applies, specific protection

measures, such as controlling movements, shall be taken.

(8) Workers shall not be exposed above the health effects ELVs

and sensory effects ELVs, unless the conditions under either

regulation 9(1)(a) or (c) or regulation 3(3) or (4) are fulfilled. If,

despite the measures taken by the employer, the health effects

ELVs and sensory effects ELVs are exceeded, the employer shall

take immediate action to reduce exposure below these ELVs. The

employer shall identify and record the reasons why the health

effects ELVs and sensory effects ELVs have been exceeded, and

shall amend the protection and prevention measures accordingly in

o rd e r t o pr e v e n t th e m b e i ng e xc e e ded a ga i n . Th e am e nd e d

protection and prevention measures shall be preserved in a suitable

traceable form so as to permit consultation at a later stage, in

accordance with national law and practice.

(9) Where the provisions of regulation 3(3) and (4) apply and

where the worker reports transient symptoms, the employer shall, if

necessary, update the risk assessment and the prevention measures.

Transient symptoms may include

(a) sensory perceptions and effects in the functioning of

the central nervous system in the head evoked by time

varying magnetic fields; and

(b) static magnetic field effects, such as vertigo and

nausea.

Laws of Malta — Subsidiary Legislation 646.23 — WORK PLACE (MINIMUM HEALTH AND SAFETY REQUIREMENTS FOR THE PROTECTION OF WORKERS FROM RISKS RESULTING FROM

Without prejudice to the provisions of regulations 12 and

14 of the General Provisions for Health and Safety at Work Places

Regulations, the employer shall ensure that workers who are likely

to be exposed to risks from electromagnetic fields at work and, or

their representatives receive any necessary information and training

relating to the outcome of the risk assessment provided for in

regulation 4 of these regulations, concerning in particular

(a) measures taken in application of these regulations;

(b) the values and concepts of the ELVs and ALs, the

associated possible risks and the preventive measures

taken;

(c) the possible indirect effects of exposure;

(d) the results of the assessment, measurement or

calculations of the levels of exposure to

electromagnetic fields, carried out in accordance with

regulation 4;

(e) how to detect adverse health effects of exposure and

how to report them;

(f)

the possibility of transient symptoms and sensations

related to effects in the central or peripheral nervous

system;

(g) the circumstances in which workers are entitled to

health surveillance;

(h) safe working practices to minimise risks resulting

from exposure;

(i)

workers at particular risk, as referred to in regulation

4(5)(d) and regulation 5(3) and (4).

Laws of Malta — Subsidiary Legislation 646.23 — WORK PLACE (MINIMUM HEALTH AND SAFETY REQUIREMENTS FOR THE PROTECTION OF WORKERS FROM RISKS RESULTING FROM

Consultation and participation of workers and, or their

representatives on the matters covered by these regulations and the

Schedules hereto, including the assessment, measurement and, or

calculations of the levels of exposure to electromagnetic fields

experienced at work, shall take place in accordance with the

G e n e r a l P r o v i s i o n s f o r H e a l t h a n d S a f e t y a t Wo r k p l a c e s

Regulations.

Laws of Malta — Subsidiary Legislation 646.23 — WORK PLACE (MINIMUM HEALTH AND SAFETY REQUIREMENTS FOR THE PROTECTION OF WORKERS FROM RISKS RESULTING FROM

(1) With the objective of the prevention and the early

di a g no s i s of an y ad ve rs e h e a lt h e ff e c ts d ue t o ex p os u r e to

electromagnetic fields, an employer shall make arrangements for

carrying out appropriate health surveillance of workers exposed to

electromagnetic fields. Health records shall be made available to

the Authority.

(2) An employer shall ensure that the results of health

surveillance are preserved in a suitable form that allows them to be

consulted at a later date, subject to compliance with confidentiality

requirements. Individual workers shall, at their request, have access

to their own personal health records.

If any undesired or unexpected health effect is reported by a

worker, or in any event where exposure above the ELVs is detected,

the employer shall ensure that appropriate medical examinations or

individual health surveillance is provided to the worker(s).

Such examinations or surveillance shall be made available

during hours chosen by the worker, and any costs arising shall be

borne by the employer.

Laws of Malta — Subsidiary Legislation 646.23 — WORK PLACE (MINIMUM HEALTH AND SAFETY REQUIREMENTS FOR THE PROTECTION OF WORKERS FROM RISKS RESULTING FROM

(1) By way of derogation from regulation 3 but without

prejudice to the provisions of regulation 5(1), the following shall

apply

(a) exposure may exceed the ELVs if the exposure is

related to the installation, testing, use, development,

maintenance of or research related to magnetic

resonance imaging (MRI) equipment for patients in the

health sector, provided that all the following

conditions are met

(i)

the risk assessment carried out in accordance

with regulation 4 has demonstrated that the

ELVs are exceeded;

(ii) given the state of the art, all technical and, or

organisational measures have been applied;

(iii) the circumstances duly justify exceeding the

ELVs;

(iv) the characteristics of the workplace, work

equipment, or work practices have been taken

into account; and

(v) the employer demonstrates that workers are still

protected against adverse health effects and

against safety risks, including by ensuring that

the instructions for safe use provided by the

manufacturer in accordance with Council

Directive 93/42/EEC of 14 June 1993

concerning medical devices are followed;

(b) the Minister responsible for defence may allow

equivalent or more specific protection systems to be

implemented for personnel working in operational

military installations or involved in military activities,

including in joint international military exercises,

provided that adverse health effects and safety risks

are prevented;

(c) the Authority may allow, in duly justified

circumstances and only for as long as they remain duly

justified, for the ELVs to be temporarily exceeded in

specific sectors or for specific activities outside the

scope of sub-regulation (1)(a) and (b). For the

purposes of this sub-regulation, "duly justified

circumstances" shall mean circumstances in which the

following conditions are met

(i) the risk assessment carried out in accordance

with regulation 4 has shown that the ELVs are

exceeded;

(ii) given the state of the art, all technical and, or

organisational measures have been applied;

(iii) the specific characteristics of the workplace,

work equipment, or work practices have been

taken into account; and

(iv)

the employer demonstrates that workers are still

protected against adverse health effects and

safety risks, including using comparable, more

specific and internationally recognised standards

and guidelines.

In such cases the employer shall inform the Authority in

writing before the start of these activities.

Laws of Malta — Subsidiary Legislation 646.23 — WORK PLACE (MINIMUM HEALTH AND SAFETY REQUIREMENTS FOR THE PROTECTION OF WORKERS FROM RISKS RESULTING FROM

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.

Laws of Malta — Subsidiary Legislation 646.23 — WORK PLACE (MINIMUM HEALTH AND SAFETY REQUIREMENTS FOR THE PROTECTION OF WORKERS FROM RISKS RESULTING FROM

(1) Any breach by any person of any provision of these

regulations shall be deemed an offence.

(2) Any person who knowingly or recklessly interferes with the

performance of a duty or obligation by a person under these

regulations shall be guilty of an offence.

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