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Regulation Noise And Vibrations - Vol, As Well As Change The Construction Worker Protection Ordinance And The Ordinance Of The Health Monitoring In The Workplace

Original Language Title: Verordnung Lärm und Vibrationen – VOLV sowie Änderung der Bauarbeiterschutzverordnung und der Verordnung über die Gesundheitsüberwachung am Arbeitsplatz

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22. Regulation of the Federal Minister of Economics and Labour, which enacted the Regulation on the protection of workers from the risks related to exposure to noise and vibration (Regulation Noise and Vibration-VOLV), and with which the The Construction Workers ' Protection Regulation and the Regulation on health surveillance at work will be amended

Article I

Regulation on the protection of workers from the risks related to noise and vibration (Regulation Noise and Vibrations-VOLV)

Pursuant to Sections 12 to 15, 20 (2), 22 (4), 28 (5), 33 (5), 38 (1), 65, 66 (1) and (3) and 72 (1) (3) and (4) of the Federal Law on Safety and Health at Work (Employees ' Protection Act-ASchG), BGBl. N ° 450/1994, as last amended by the Federal Law BGBl. I n ° 159/2001 and the BGBl Regulation. II No 309/2004, shall be:

table of contents

§ 1.

Scope

§ 2.

Definitions

§ 3.

Exposure limit

§ 4.

Trigger value

§ 5.

Limit values for certain rooms

§ 6.

Evaluations and measurements

§ 7.

Identification and assessment of hazards

§ 8.

Information, training, consultation and participation of workers

§ 9.

Measures and programme of measures

§ 10.

Structural and room acoustical measures

§ 11.

Measures at source

§ 12.

Measures relating to work equipment and operations

§ 13.

Technical and organisational measures

§ 14.

Personal protective equipment, labelling, directory

§ 15.

Exceptions

§ 16.

Implementation of European Union legal acts

§ 17.

Transitional and final provisions

Annex A:

Definition and evaluation: Noise sizes

Annex B:

Definition and evaluation: vibration sizes

Scope

§ 1. This Regulation shall apply in workplaces, on construction sites and at external employment offices within the meaning of the ASchG, for activities in which workers are exposed to exposure to exposure to noise or vibration during their work, or may be suspended.

Definitions

§ 2. For the purposes of this Regulation:

1.

Vibrations: mechanical vibrations or shocks transmitted through direct contact with the human body (definition and evaluation according to Annex B);

a.

Hand-arm vibration: mechanical vibrations which, when transmitted to the human hand-arm system, cause hazards to the health and safety of the workers, in particular circulatory disorders, bone or joint damage, neurological or muscular disorders.

b.

Whole-body vibration: mechanical vibrations which, when transmitted to the whole body, cause hazards to the health and safety of the workers, in particular back pain and damage to the spine.

2.

Noise: Any kind of sound in the audible frequency range (definition and evaluation according to Appendix A)

a.

Noise related to hearing noise: noise above the trigger value (§ 4);

b.

disturbing noise: noise which exceeds a judgment level according to § 5.

Exposure limit

§ 3. (1) The following exposure limit values may not be exceeded:

1.

For hand-arm vibration: a hw, 8h = 5 m/s 2 ;

2.

For whole-body vibration: a w, 8h = 1,15 m/s 2 ;

3.

For noise related noise: L A, EX, 8h = 85 dB or p peak = 140 Pa (corresponding to: L C, peak = 137 dB);

4.

For young workers, the triggering values for vibrations referred to in § 4 (1) (1) (1) and (2) shall be considered as exposure limit values.

(2) By way of derogation from paragraph 1, in the case of noise exposures which vary considerably from one working day to the other, the exposure limit value (§ 4 para. 1 Z 3) and the exposure limit value (§ 3 para. 1 Z 3) may be a week instead of the day (8 h). (40 h) shall be used, provided that:

1.

by a suitable assessment or measurement within the meaning of § 6, the weekly noise exposure level (L) A, Ex, 40h ) does not exceed the exposure limit value; and

2.

appropriate measures are taken in order to minimise the risks associated with these activities.

(3) If the exposure limit values are exceeded, the employers shall be required to:

1.

take immediate measures to reduce exposure to a value below the exposure limit value,

2.

identify the reason why the exposure limit has been exceeded and

3.

adapt the protection and prevention measures accordingly in order to prevent a further crossing of the limit value.

Trigger value

§ 4. (1) The exposure of the workers should not exceed any of the following trigger values, as far as is possible according to the state of the art. If the exposure of the workers exceeds one of the following exposure to vibration, § § 6 to 9 shall apply. § § 8 (1) and (14) (1) shall apply if the exposure of the workers exceeds one of the following trigger values for noise. The individual effect of personal protective equipment is not to be taken into consideration. The trigger values are:

1.

For hand-arm vibration: a hw, 8h = 2,5 m/s 2 ;

2.

For whole-body vibration: a w, 8h = 0,5 m/s 2 ;

3.

For noise related noise: L A, EX, 8h = 80 dB or p peak = 112 Pa (corresponding to: L C, peak = 135 dB).

Limit values for certain rooms

§ 5. (1) In the case of whole-body vibration in spaces after Z 1 to 3, exposure shall be kept as low as possible and shall not exceed the trigger value. In the case of noise in rooms according to Z 1 to 3, the following assessment levels shall not be exceeded, the noise from the outside, such as noise from other rooms, neighbouring noise, traffic noise, aircraft noise, noise from a construction site, into which the noise emitted by the outside shall not be exceeded. The following shall be included:

1.

L A, r = 50 dB in rooms in which mainly mental activities are carried out;

2.

L A, r = 65 dB in rooms where simple office activities or similar activities are carried out;

3.

L A, r = 50 dB in location, in stay and on-call rooms, sanity rooms and living rooms, where noises caused by persons in the room are not to be included.

(2) In order to comply with the limit values laid down in paragraphs 1 and 1 to 3, hearing protection may not be used.

Evaluations and measurements

§ 6. (1) Noise and vibration at workplaces shall be subject to an assessment according to the state of the art. For this purpose, zB can be used for operating instructions, manufacturer or placing on the market, working method comparisons, published information, such as scientific findings or comparison databases or calculation methods.

(2) If, on the basis of such an assessment, it is not possible to ensure that the exposure limit values or the limit values for certain rooms are exceeded, the evaluation shall be based on a representative measurement ,

(3) Employers have to ensure that ratings and measurements

1.

knowingly planned and carried out at reasonable intervals, taking into account the manufacturer's information;

2.

adapt the physical properties of noise or vibration, to the extent, duration and exposure size, and to the working environment, and to produce a clear and representative result, including sampling procedures;

3.

in the case of hand-arm vibration for work equipment, held or guided on both hands, shall be carried out on each hand; the representative exposure shall be the result of the higher of the two values, both values being to be documented;

4.

be documented (§ 5 ASchG), that the results are clear and comprehensible.

(4) evaluations and measurements may only be carried out by qualified persons or services. These must have the necessary specialist knowledge and professional experience and offer the assurance of the conscientious and representative implementation of the assessments and measurements according to the state of the art. Employees can also be employed as experts.

(5) Persons skilled in the art or services must have the necessary and appropriate facilities, depending on the nature of the task (e.g. software for calculations, measuring instruments which take account of the prevailing conditions, in particular: of the characteristics of the physical quantity to be measured, or from which the physical quantity can be clearly and representatively derived, comparative data, relevant technical standards).

Identification and assessment of hazards

§ 7. (1) Employers must identify and assess the risks to which workers are exposed by noise or vibration, taking into account in particular:

1.

the nature, extent, duration and frequency spectrum of exposure, including exposure to pulsed sound as well as intermittent and repeated vibration;

2.

exposure limit values, triggering values and limit values for certain rooms;

3.

results of assessments and measurements, as well as relevant information on the basis of health surveillance;

4.

the information provided by manufacturers, placing on the market or placing on the market (in particular, information on the correct use, maintenance and labelling of the equipment) and published information such as: scientific findings or comparative data.

(2) Weiters shall be taken into account in the identification and assessment of the risks to which the workers are exposed by noise or vibration:

1.

all the effects on the health and safety of workers in the event of exposure to noise and vibration or ototoxic substances, to the extent that a connection has been established in the state of the art or in the field of occupational medicine;

2.

Special working conditions or environmental conditions for vibration, work at low temperatures;

3.

all the effects on the health and safety of workers in particular at risk;

4.

the availability of personal protective equipment with an adequate reducing effect; in the case of hand-arm vibration, also gloves for protection against wet and cold conditions;

5.

all indirect effects on the health and safety of workers by

a.

Interactions between noise and warning signals, or other noises which must be taken into account in order to avoid the risk of accidents; this is to be borne in mind in particular when hearing protection is used;

b.

reduced speech intelligibility in the case of noise;

c.

Effects of vibration on the workplace or on work equipment, e.g. vibration on the correct handling of operating elements, reading of displays or the stability of the structures or the strength of connections have a disruptive effect;

6.

any exposure to noise or vibration beyond the normal working hours (eight hours or forty hours).

(3) In the determination and assessment of the hazards, taking into account the actual state of mind,

1.

the design and design of workplaces, spaces, workplaces and working methods, such as the structural separation of heavily loaded areas, shields, noise, noise, and noise;

2.

the availability of alternative means of work or equipment and the possibility of technical measures to reduce the level of exposure;

3.

the possibility of drawing up work equipment and carrying out operations in such a way as to reduce the level of exposure, in particular to workers who are not engaged in such work or in these operations;

4.

the possibility of making connections between work equipment or other devices in a vibration-damping manner.

(4) The determination and evaluation shall be regularly updated. A review and, if necessary, an adjustment in accordance with Article 4 (4) and (5) of the ASchG shall in particular also be carried out if the identification and assessment could be out of date due to significant changes, or if it is due to the results of the investigation. an assessment or measurement or the results of the health surveillance as necessary.

Information, training, consultation and participation of workers

§ 8. (1) If a trigger value is exceeded, the employees must be informed and informed in accordance with § § 12 and 14 of the German ASchG (German Act). In any case, this has to be related to:

1.

the measures in accordance with § § 10 to 13;

2.

the importance and level of exposure limit values and the exposure values and their relevance to the risks;

3.

the results of the assessments and measurements and the potential risks arising from the sources of emissions;

4.

the identification and reporting of adverse health effects;

5.

the conditions under which workers are entitled to health surveillance and the purpose of which;

6.

safe working methods, as well as correct handling of work equipment and behaviour to minimise exposure;

7.

the correct use of the personal protective equipment provided.

(2) The consultation and participation of employees in accordance with § 13 of the German ASchG (ASchG) has to be taken into account in particular:

1.

the results of the identification and assessment of the risks;

2.

the measures in accordance with § § 10 to 13;

3.

the selection of personal protective equipment.

Measures and programme of measures

§ 9. (1) Hazards caused by noise or vibration must be excluded at the place of origin or reduced to such an extent that this is possible according to the state of the art and the availability of suitable technical means.

(2) In order to reduce noise and vibration to the lowest level acceptable in practice, employers must select and carry out appropriate measures in accordance with § § 10 to 13, taking into account the principles of risk prevention (§ 7 ASchG).

(3) If one of the following values is exceeded, employers must also establish and implement a programme of measures in accordance with § § 10 to 13 in the definition of measures pursuant to section 4 (3) of the ASchG:

1.

release values for vibration,

2.

exposure limit values for noise related to the noise,

3.

Limit values for certain rooms.

Structural and room acoustical measures

§ 10. (1) In the programme of measures in accordance with § 9, structural measures are to be taken to avoid or reduce exposure, such as the design and design of spaces and workplaces. In the case of noise, room-acoustical measures with a mean sound absorption rate of ( m, B = 0.25 (empty space, planning value) or ( M = 0.3 (set-up space) for the octave bandmite frequencies of 500, 1000 and 2000 Hz.

(2) Room acoustical measures within the meaning of paragraph 1 shall, in any case, be set if it can thus fall below

1.

the respective exposure limit for certain rooms (§ 5),

2.

in the case of the noise of the exposure limit value.

Measures at source

§ 11. In the programme of measures in accordance with § 9, measures shall be laid down at the source to avoid or reduce exposure to the source, such as:

1.

alternative working methods, where there is no or less exposure to noise and vibration;

2.

the choice of suitable equipment which, according to the manufacturer's information and taking account of the work to be carried out, causes as little noise and vibration as possible and which, in particular in the case of vibration, is ergonomically designed;

3.

the appropriate maintenance of the working equipment and its components and other facilities at the workplace.

Measures relating to work equipment and operations

§ 12. In the programme of measures in accordance with § 9, measures relating to work equipment and operations shall be defined, such as:

1.

Work equipment and operations which cause noise or vibrations in workplaces above the triggering values shall be accommodated in separate rooms, taking into account the work sequences as far as possible, respectively. ,

2.

Work equipment and operations which cause noise or vibration at work are to be set up in this way, or that, in particular, the extent of exposure to noise and vibration is reduced as far as possible, in particular for workers who are not engaged in such work or work operations.

3.

Tubes or pipes which connect vibrating working means to one another or to other devices must be constructed and fastened in a vibration-damping manner.

Technical and organisational measures

§ 13. (1) Technical measures shall be laid down in the programme of measures in accordance with § 9:

1.

for noise: air noise reduction (e.g. by means of shielding, encapsulation, covers with sound absorbing material) or noise reduction (e.g. by structure-borne sound insulation or soundproofing);

2.

for vibration: provision of additional equipment which reduces the risks of vibration (e.g. seats which effectively dampen whole-body vibration, or handles reducing vibrations transmitted to the hand-arm area).

(2) In the programme of measures according to § 9, organisational measures shall be defined, such as:

1.

the increase in the distance to the source of noise, especially for workers who are not active in these work equipment or in these operations;

2.

safe working methods, and correct handling of work equipment and behaviour to minimise workers ' exposure;

3.

Limit the duration of exposure through appropriate organisational measures, such as a limitation of the duration of employment, interruptions to work, or the observance of recovery periods.

Personal protective equipment, labelling, directory

§ 14. (1) For workers who reside in areas where the exposure to noise exposure is exceeded, hearing protection must be provided. For workers who reside in areas where the exposure limit value for noise (par. 4), the hearing protection must be selected in such a way that the individual exposure of the workers does not exceed the exposure limit value. Workers who are in areas where the exposure limit value for noise related to hearing loss is exceeded must use this hearing protection.

(2) In order to fall below the exposure limit value for vibration, personal protective equipment shall be made available to the workers, provided that the specific action is provided with protective equipment, by means of which the individual Exposure of workers to the exposure limit value can be reduced. In addition, personal protective equipment must be provided to protect against cold and wet conditions, such as gloves in the form of weather protection in the case of hand-arm vibration. The workers must use the personal protective equipment.

(3) Areas in which an exposure limit value for noise (par. 4) or, in the case of the transmission of vibrations over the ground, the exposure limit value for whole-body vibration is exceeded, shall be marked in a suitable manner. If this is technically possible and justified on the basis of the risk of exposure, they must also be demarcted and access to be restricted.

(4) The exceedation of exposure limit values as referred to in paragraphs 1 and 3 shall be assessed

1.

up or down

2.

personal data, provided that the extent, location and organisation of the duration of the stay of the workers concerned are laid down in the security and health protection document.

(5) The register of noisy workers within the meaning of Article 65 (4) (6) of the German ASchG (ASchG) must be carried out for those workers who are exposed to personal exposure above the exposure limit value for noise which is hazardous to the hearing, with the following: the individual effects of personal protective equipment are not to be taken into account.

Exceptions

§ 15. (1) In accordance with Section 95 (1) of the ASchG, it is established that the Authority shall not allow any exemption from the provisions of this Regulation, except for § 5, Section 9 (3) Z 3 and Section 10 (2), and with the provisions of paragraph 2.

(2) With regard to the exposure limit value for vibration, the authority may, in accordance with Article 95 (3) of the ASchG, allow exceptions to § 3 (1) if the workers are exposed to vibrations, which are usually below the trigger values, but by may vary considerably from one working day to another and may occasionally exceed the exposure limit value.

(3) The exemption provided for in paragraph 2 may only be granted if the applicant,

1.

indicates, by means of an assessment or measurement, that the average exposure over a period of 40 hours remains below the exposure limit value, and

2.

Points out that the risks arising from this form of exposure to workers are less than the risks associated with exposure at the level of exposure limit value.

(4) In addition, the following may only be granted in exceptional cases pursuant to paragraph 2:

1.

After consulting the interests of employers and employees,

2.

, subject to appropriate conditions, which, taking into account the specific circumstances, ensure that the resulting risks are reduced to a minimum,

3.

if, after consultation with the competent labour inspectorate, it is guaranteed that the workers concerned will be subject to increased health surveillance,

4.

for a limited period, with a maximum period of 4 years.

Implementation of European Union legal acts

§ 16. The following acts of the European Union shall be implemented by this Regulation:

1.

Directive 2003 /10/EC on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (noise), OJ L 327, 30.4.2003, p. No. OJ L 42, 15.02.2003 p. 38;

2.

Directive 2002/44/EC on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (vibration), OJ L 201, 31.7.2002, p. No. OJ L 177, 06.07.2002 p. 13.

Transitional and final provisions

§ 17. (1) In accordance with Section 114 (1) and (2) of the ASchG (ASchG), it is established that Section 65 (2) to (4) of the ASchG will enter into force simultaneously with this

(2) According to Article 125 (8) of the ASchG, it is stated that with the entry into force of this Regulation, § 17 (1) to (4), § 51 (1) to (3), § 67 (1), (2) and (4) and § 87 (1), last sentence of the second sentence pursuant to § 108 (2), § 114 (2) and § 114 (4) (5) (5) and 7 ASchG as Federal Act of General Workers ' Protection Regulation (AAV), BGBl. No 218/1983, as amended by the BGBl Regulation. II No 156/2005.

(3) According to § 195 (2) of the MinroG MinroG Act, BGBl. I n ° 38/1999, as last amended by the Federal Law BGBl. I n ° 85/2005, it is found that with the entry into force of this Regulation, § § 314 and 345 of the General Bergpolice Ordinance, BGBl, which is in force as a federal law pursuant to § 195 (1) Z 4 MinroG. N ° 114/1959, as last amended by the BGBl Regulation. II No 140/2005.

(4) Before entry into force of this Regulation on the basis of the ASchG or on the basis of the Employee Protection Act, BGBl. No 234/1972, shall not be affected by this Regulation, on the understanding that modest prescriptions of limit values for noise or vibration are repeal and the values laid down in § § 3, 4 and 5 shall apply. .

(5) By way of derogation from § 3 (1), first sentence, work equipment which is used before 7 July 2007 and, in its use, notwithstanding the implementation of all relevant measures provided for in this Regulation, may be used to ensure compliance with the exposure limit values for Vibration is not possible until 7 July 2011.

(6) By way of derogation from Section 5 (1) Z 2, a limit value of L shall apply. A, r = 70 dB for work spaces already used for simple office activities or similar activities before the entry into force of this Regulation.

(7) § 10 (2) does not apply to workplaces already existing at the time of the entry into force of this Regulation.

(8) In the case of entry into force of this Regulation already existing workplaces, construction sites and external work stations must, provided that the provisions referred to in paragraphs 2 and 3 are complied with, the provisions of this Regulation relating to noise as from 15 February 2006.

(9) This Regulation shall not enter into force until 15 February 2008 for workplaces and external workplaces in the music or entertainment sector (including music performances in the hospitality sector). Until then, the provisions referred to in paragraph 2 shall continue to be applied in that respect.

ANNEX A

Definition and evaluation: Noise sizes

Hearing-related noise:

Peak sound pressure (p peak ): Maximum value of the current C-weighted sound pressure.

Noise exposure level-L A, EX, 8h or L A, EX, 40h : A-weighted energy-equivalent continuous sound level L A, eq With an assessment period of one working day (8 h) or in case of noise exposures significantly varying from one working day to another, with an assessment period of one working week (40 h) in accordance with section 3.6 ISO 1999:1990.

L A, EX, To = L A, eq, Te + 10 log (T e /T o )

with T e as the actual exposure duration for the respective assessment period T o from 8 hours or 40 hours.

Disturbing effects of noise:

Assessment Level-L A, r : noise exposure level L A, EX, To , as for hearing-threatening noise, with surcharges for the impulse or tonality.

L A, r = L A, EX, To + K

with T o as an assessment period and K as a surcharge, depending on the event, either as a pulse supplement K I or Tonzuschlag K T shall be taken into account. In the case of simultaneous occurrence of impulse and tonality, only one surcharge is to be added.

In the case of lounges in construction site vans: L A, r = L A, eq, Te + K with T e as Pausendauer per shift

Impulse supplement K I : The surcharge for pulse-like noise is 6 dB if the A-weighted maximum level in the display dynamic "impulse" differs by at least 2 dB from the maximum levels in the display dynamics "fast".

Tone surcharge K T : When sound components are clearly audible and the Terzband analysis shows that the level of one (or two) tertbands exceeds the level of the adjacent bands by 5 dB or more, the tone surcharge is 6 dB.

Composite noise exposure:

If the extent and duration of the exposure to noise is composed of two or more different proportions during one working day or week of work, the exposure to the noise shall be equal to the total exposure period Te from the i-th different proportions. as follows:

with as a whole duration of exposure,

as the i-th partial exposure period of n and with as the i-ter partial noise level of n.

ANNEX B

Definition and evaluation: vibration sizes

Hand-arm vibration:

The assessment of the extent of exposure to hand-arm vibration shall be carried out on the basis of the calculation of the daily exposure value of a reference period of 8 hours a hw, 8h ; this is expressed as the square root of the sum of the squares (total value) of the RMS values of the weighted acceleration in the three orthogonal directions a hwx , a hwy , a hwz pursuant to Chapters 4 and 5 and Annex A of EN ISO 5349-1:2001.

and with Te as the actual exposure duration to the assessment period To of 8 h.

Composite exposure in hand-arm vibration:

If the extent and duration of the action of hand-arm vibration is composed of two or more different proportions during one working day, the vibration exposure shall be equal to the total exposure period T e to be calculated from the i-th different shares as follows:

with as a whole duration of exposure, Te, i as an i-th partial exposure period of n and with as the i-th partial position of n.

Whole-body vibration:

The evaluation of the extent of exposure to whole-body vibration shall be carried out on the basis of the calculation of the daily exposure a w, 8h ; this shall be expressed as the equivalent permanent acceleration for a period of 8 hours, calculated as the highest value of the effective values of the assessed accelerations in the three orthogonal directions (1,4 a wx , 1.4 a Wy , a wz ) for a person sitting or standing in accordance with sections 5, 6 and 7 as well as Annexes A and B ISO 2631-1:1997.

and with Te as the actual exposure duration to the assessment period To of 8 h.

Composite exposure in whole-body vibration:

If the extent and duration of the effect of whole-body vibration is composed of two or more different proportions during one working day, the vibration exposure shall be equal to the total exposure period T e to be calculated from the i-th different shares as follows:

with as a whole duration of exposure, Te, i as an i-th partial exposure period of n and with as the i-th partial position of n.

Article II

Amendment of the Regulation on health surveillance at work (VGÜ)

On the basis of § § 50 and 51 of the Federal Law on Safety and Health at Work (Employees ' Protection Act-ASchG), BGBl. N ° 450/1994, as last amended by the Federal Law BGBl. I n ° 159/2001 and the BGBl Regulation. II No 309/2004, the Regulation on health surveillance at the workplace (VGÜ), BGBl. II No 27/1997, as last amended by the BGBl Regulation. II No 306/2004, as amended:

1. § 4 (1) reads:

" (1) A health-endangling noise effect within the meaning of Section 50 of the German Labour Protection Act (ASchG), Federal Law Gazette (BGBl). No 450/1994, if the following exposure limit values are exceeded for workers, the impact of personal protective equipment shall not be taken into account:

1.

L A, EX, 8h = 85 dB, unless the noise exposure varies considerably from one working day to the next, and the weekly noise exposure L A, EX, 40h is not exceeded by 85 dB, or

2.

p peak = 140 Pa (corresponding to: L C, peak = 137 dB). "

(2) The following paragraph 3 shall be added to § 4:

" (3) Where the identification and assessment of the hazards or the assessments and measurements of exposure to noise or health problems of workers indicate a health risk and the exposure of the workers to the following In the case of exposure to noise, employers must ensure that workers, at their own request, prior to commensurate with such activity and in the event of continued activity, shall at regular intervals of a special investigation be carried out in the Subject to § 51 ASchG. These examinations may only be carried out by physicians who meet the requirements of occupational physicians in accordance with Section 79 (2) of the ASchG. The trigger values are:

1.

L A, EX, 8h = 80 dB, unless the noise exposure from one working day to the other varies considerably and the weekly noise exposure L A, EX, 40h is not exceeded by 80 dB, or

2.

p peak = 112 Pa (corresponding to: L C, peak = 135 dB). "

3. In Section 5 (1), in Z 2 the point shall be replaced by an accoration and the following Z 3 shall be added:

3.

Vibration, which is a trigger value (hand-arm vibration: a hw, 8h = 2,5 m/s 2 and whole-body vibration) a w, 8h = 0,5 m/s 2 ) .

4. In § 8, the previous text receives the sales designation "(1)" and shall be added to the following paragraph 2:

" (2) If an investigation pursuant to § 4 (3) or Article 5 (1) (3) of the investigation has been found to have an impact on the health of a worker, employers who are aware of it are obliged to do so in the event of a worker's health. in a similar way to the possibility of informing exposed workers about the possibility of such investigations. "

(5) The following paragraph 10 is added to § 11:

"(10) § 4 (1) and (3), § 8, in Appendix 1 the table" Impacts in accordance with § 50 " and in Annex 2, Part II, the title, in each case in the version of the Ordination BGBl. II No 22/2006, only enter into force on 15 February 2008 for workplaces and external work places in the music or entertainment sector (including music performances in the hospitality sector).

6. In Appendix 1 to the VGU, the table is shown in Table 1. "Impacts in accordance with § 50" after the word "Noise" the parenthesis expression "(if the exposure limit value is exceeded)" inserted and will be inserted in the table "Impacts in accordance with § 51" the following lines are added:

Noise (if the trigger value is exceeded)

5 years

Vibration (hand-arm vibration or whole-body vibration)

4 years

In Annex 2, Part I, the following sentence shall be added at the end of point 2 for the examination of workers exposed to exposure to welding smoke or aluminium dust: "If an early follow-up examination is carried out only on the basis of altered lung function values, the pulmonary function test should be carried out, but no X-ray exposure is required."

8. In Annex 2 to the VGU, part II of the title shall be followed by the word order "in which a sound level value of 85 dB (A) or, in the event of a non-continuous noise, an effective level value is exceeded" replaced by the phrase "at which the exposure limit value or the trigger value is exceeded" .

9. In Annex 2, Part III, the following shall be added at the end:

INVESTIGATION OF WORKERS EXPOSED TO VIBRATION

Whole-body vibration

Anamnesis:

Particular attention should be paid to degenerative changes in the area of the lumbar spine (L4/L5, L5/S1) after many years of seated activity on vertically swinging work equipment. The following symptoms: acute (lumbago) or chronic recurrent pain in the lumbosacral area (especially in the last 12 months), pain character (dull, burning, drawing, piercing, radiative, zB one-sided or both sides) Pain radiation in the thigh musculature, frequency), restrictions of movement, reduction of force, and sensitivity disorders. Partially positive Lasèguezeichen, ischialgiform mismanagement, segmental reflex abysses and motor disturbances. In addition, it is also important to pay attention to long-term cigarette consumption. Acute disturbances of general well-being (nausea and consciousness disturbances) can also be caused particularly at low-frequency (< 0.5 Hz) oscillations, which are also referred to as so-called "low-frequency" (&lt; 5 Hz). Kinetosen are referred to. Also to be observed functional and organic Mae diseases.

Professional amnesis:

Duration of current and past exposure to whole-body vibration, type of machinery, daily and total exposure duration in years, work positions (such as bred or twisted posture, knees or hocks, permanent standing, working with hands over shoulder height, permanent sitting activity), additional tasks with manual load handling and other loads of the spinal column. Elevating multiple loads such as noise, shiftwork, as well as severe mental stress that favour the occurrence of gastrointestinal diseases. Questions can also be asked about work accidents and operations.

Clinical investigation:

-

Blood pressure

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Inspection, palpation, functional tests and orientable neurological status.

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Examination of the WS-functions and evaluation of the complaints by means of a mobility test:
Fuselage extension, Rumpfflexion, lateral fuselage lexion, rotation left/right

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Examination of nerve irritations
Lasègue test (in the case of lying person passive lifting of the stretched leg in the hip joint; L4-S1)

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Examination of hypoaesthesia in the Dermatom L4-S1

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Testing of motor disturbances (tone attenuation or one-sided peripheral reductions in the area of M.Quadriceps, M. extensor hallucis longus, M. triceps surae)

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Examination of reflex attenuations (Patellarsehnenreflex L3-L4, Achilles tennenreflex S1

Hand-arm vibration

Anamnesis:

In particular, attention should be paid to the presence of peripheral circulatory disorders and nerve dysfunction in the area of the hands, such as an incipient circulatory disorder in the sense of a primary and secondary Raynaud syndrome, or of Skin sensitivities. Furthermore, symptoms of irreversible, degenerative changes in cartilage and bone are to be grasped at hand and arm joints, and the pain-free functioning of the hand, elbow and shoulder joints is to be included.

Detection of temporary fatigue and irritation in the hand-arm area. Attention should be paid to joint pains initially at the start of work, and later also in peace. Furthermore, on cold, stiff and insensitive fingers, which makes it a hindrance to the fine motor activity. Survey of vascular spasms: minutes to hours sustained distally onset of cyanotic or typically white discoloration (white finger disease) preferably of the 2. to 5. Fingers, provoked by cold (eg outdoors, in the swimming pool) or emotions, occurring in the manner of seizures, pain after seizure (by dilatation of the vessels). In the case of pain symptoms, the beginning, the intensity pattern and factors of influence (cold, sleep, physical effort and nicotine influence) are to be raised.

Professional amnesis:

Duration of the current daily, weekly and total annual exposure duration. Type of activity, type of machinery (work equipment). Furthermore, whether a strong coupling of the hands to the vibrating hand grips and whether the vibration load consists predominantly in the forearm direction. Additional influencing factors on the blood flow, such as cold or heat. Questions can also be asked about work accidents and operations.

Clinical investigations:

All examinations are to be carried out at room temperature.

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Blood pressure measurement, on the right and on the left arm

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Inspection, palpation, functional tests and orientable neurological status.

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Hand-arm area: pressure dolence, radialispuls, skin coloration, temperature, and -trophik, sensitivity, pain and temperature finding, active mobility: faucet, stretching of the long fingers. Wrist motion check (functional limitation of wrist function), pain at rest or nocturnal, furthermore during support, testing of stability in the radius joint, examination of the sensitivity of the fingers concerned (2-5).

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First clarification of the digesthesia, hyp and paraesthesia (finger bamstig, numb, feeling unfeeling) and pain, exclusion of macroangiopathy by keys of all arterial impulses (Allentest), comparison of the coarse force on both sides (if necessary) Hand dynamometry for control of the course), conspicuous muscle atrophies.

Cold water provocation test:

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Device for the automatic maintenance of the temperature over the complete measuring time, even in several test subjects (thermostat)

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Calibrated measuring instrument (e.g. infrared thermometer)

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Inspection person before the examination in an unstressed condition (no vibration load on the day of the examination)

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Measurement of the fingertips before the start of the examination

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Water temperature 10,0-12 ,0 °C

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Cold water exposure: 2.0 minutes

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Afterwards, careful drying under avoidance of friction

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At intervals of 5 minutes in each case temperature measurements on all fingertips

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In between, physical calm (sitting), the fingers and hands must not be rubbed

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Written registration of temperature measurements on all fingers

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15.0 minutes after the end of the cold water exposure recording of the temperatures on all ten fingers

There is a need for action if 15.0 minutes after the end of the cold water exposure to at least one finger the temperature of 28 ° C is not yet again reached or if it/they are related to the effect of vibration Health damage or signs of impending health damage are detected in the rest of the clinical studies.

Article III

Amendment of the Construction Workers ' Protection Regulation

Pursuant to § § 65 and 66 (1) of the Federal Law on Safety and Health at Work (Employees ' Protection Act-ASchG), BGBl. N ° 450/1994, as last amended by the Federal Law BGBl. I n ° 159/2001, the Construction Workers ' Protection Regulation (BauV), BGBl. No 340/1994, as last amended by the BGBl Regulation. II No 17/2005, as amended:

1. In Section 17 (1), the word "Noise" as well as the accompanying paint.

2. § 18 deleted.

3. § 24 (1), (2), last sentence, as well as (4) and (5).

Bartenstein