Ordinance On Protection Against Exposure To Vibration On Offshore Structures, Etc.

Original Language Title: Bekendtgørelse om beskyttelse mod udsættelse for vibrationer på offshoreanlæg m.v.

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=115657

Overview (table of contents) Annex 1

Annex 2 The full text of the Ordinance on protection against exposure to vibration on offshore structures, etc. 1)

Under section 3, paragraph 3, section 55 and section 72, paragraph 1, of the lov nr. 1424 of 21. December 2005 on security, etc. for offshore structures for exploration, production and transportation of hydrocarbons (offshoresikkerhedslov), as amended by Act No. 107 of 7. February 2007, fixed in accordance with the authorization given pursuant to section 61 (3):

Scope and definitions

§ 1. The notice applies to offshore structures, as defined in section 2 of the Act offshoreanlægs.

(2). § 2, nr. 1, 2 and 4-7, § 3, paragraph 2, and § § 4-15 also applies to accommodation facilities on ships and facilities covered by the offshoresikkerhedslovens section 3, paragraph 3, and where people who work on an offshore facility, be accommodated, to the extent that it affects the health and safety of the persons accommodated.

(3). The Ordinance include conditions on the offshore structures, etc., as referred to in paragraphs 1 and 2, where the employees are exposed or likely to be exposed to vibrations.

§ 2. In the notice for the purposes of:





1) Daily vibration load A (12): the time-weighted average of vibrationernes strength and duration, specified in relation to a reference period of 12 hours, see. Annex 1 and 2.

2) loading time: the time during which the employee in the course of a day is exposed to vibration by activities that take place on an employer's liability.

3) Hand-arm vibration: Mechanical vibrations transmitted from equipment that is kept, managed or supported by the hand or arm, and which constitute a risk for the health and safety of workers, in particular vascular, bone, joints, nerves or muscles.

4) whole-body vibration: the mechanical vibration that, when transmitted to the whole body, entails risks to the health and safety of workers, in particular the diseases of lumbar spine and damage to the spine.

5) Intermittent: repeated, uniform periods of vibration interrupted by intervals, where the vibrations will terminate or change evident in the strength or nature.

6) action value: The value of the daily vibration load (A) (12), where the employer shall take such measures as referred to in section 7 of the basic regulation. § 3.

7) limit value means the value of the daily vibration load (A) (12), which can under no circumstances be exceeded, see. sections 3 and 8.





Limit values and action values

§ 3. Limit values and action values for hand-arm vibration:





1) limit value for the daily hand-arm vibration exposure over a reference period of 12 hours (A) (12) shall be set at 4.1 m/s2.

2 for the daily action value) hand-arm vibration exposure over a reference period of 12 hours (A) (12) is fixed at 2.05 m/s2. The staff member's daily load of hand-arm vibration shall be assessed or measured on the basis of annex 1.





(2). Limit values and action values for whole-body vibration:





1 the daily limit value for whole-body vibration) load in a reference period of 12 hours (A) (12) is fixed at 0.94 m/s2.

2) action value for the daily whole-body vibration exposure over a reference period of 12 hours (A) (12) is fixed at 0.41 m/s2. The staff member's daily load of whole-body vibration shall be assessed or measured on the basis of annex 2.





Duties

§ 4. The operating company responsible for the product must ensure that activities on offshore structures, etc. are organised and performed in such a way that the risk of consequences of exposure to vibration loads is minimized by the fact that the vibrations are removed or reduced at source or reduced to a level that is as low as reasonably practicable, without prejudice. Annex 1 of the Ordinance on the management of health and safety on offshore structures, etc. That must take account of the technological developments and the opportunities to minimize vibrations.

§ 5. If the employer believes that the employee is exposed to vibration loads, the assessment of the safety and health risks, see. Ordinance on the management of health and safety on offshore structures, etc., also include an assessment and, if necessary, a measurement of the employee's daily vibration load.

(2). Measurement of vibrations must be carried out to the extent that it is necessary to clarify the load conditions. As an alternative to measuring the level of exposure may be assessed by means of observation of specific working method and on the basis of information about equipment vibration strength under the given working conditions.

(3). Documentation of the assessment under paragraph 1 and 2 shall be provided in the operating company responsible for the product and be available for other employers, managers, supervisors, safety organization and the other employees of the offshore installation, etc.

§ 6. In the preparation of the risk assessment pursuant to section 5 shall be particularly taken into account:





1) Vibration exposure, type and duration of exposure, including the load from intermittent vibration or repeated shocks.

2) limit values and action values for vibration-load, as set out in section 3.

3) Negative effects on the health and safety of workers belonging to particularly sensitive risk groups.

4) Any indirect effects on worker safety and health by the interplay between mechanical vibration and the workplace or other equipment, and in particular if the mechanical vibrations





(a)) is disruptive for a correct operation of the control devices or the reading of instruments or

b) affects the stability of structures or the security of joints stability.





5) Information provided by the manufacturers of the equipment in accordance with the relevant EU directives.

6) the possibility of using other equipment, which is designed to reduce the load from the mechanical vibrations.

7) load with whole-body vibration after working hours by activities on offshore installation, etc., including vibration load during use of the accommodation facilities.

8) special working conditions, URf.eks. work at low temperatures.

9) The results of occupational health studies, giving rise to the new measures, see. section 11, paragraph 2.





(2). An assessment as referred to in § 5 (1) and (2) may include the employer's justification that the nature and extent of the risk in connection with mechanical vibration make a further detailed assessment unnecessary.

§ 7. If the daily vibration load exceeding the action values laid down in section 3, the employer must investigate the cause, and the employer shall schedule and take technical and organisational measures in such a way that the risks arising from vibration load be reduced as much as is reasonably practicable. In the selection of measures, the following shall be assigned special attention:





1) other working methods that reduce the level of exposure.

2) the choice of appropriate equipment with a good ergonomic design and the lowest vibration level, taking account of the work to be done.

3) Technology, which reduces the risk of injuries caused by vibration, particularly seats that effectively reduce whole-body vibration and handles which dampens hand-arm vibration.

4) plans for the maintenance of work equipment and workplaces.

5) Design, decor and location of jobs.

6) Appropriate information, instruction and training, so that the equipment is used properly and in a safe manner, so that the level of exposure is reduced as much as is reasonably practicable.

7) the limitation of the exposure duration and strength.

8) appropriate work times with sufficient breaks.

9) extradition of Workwear for exposed employees, so that they are protected against cold and moisture.





§ 8. The employees may under no circumstances be subjected to a vibration load in excess of the limit values set out in section 3.

(2). Exceeded the limit values set out in section 3, the employer must immediately





1) initiate actions that will bring the level of exposure below the limit values set out in section 3,

2) identify the reason why the limit values were exceeded, and

3) take technical or administrative measures to ensure that the excess is not repeated.





§ 9. The employer must ensure that the employee is trained and instructed in how to work, where the employees are exposed to vibrations, must be carried out in such a way that the safety and health risks from the vibrations are reduced as much as is reasonably practicable.

(2). By training and instruction of the employees must, in particular, be taken of the following:





1) measures taken under the Ordinance in order to remove the risk of mechanical vibrations or reduce it as much as it is reasonably practicable.

2) the limit values and action values set out in section 3.

3) results of the conducted assessments of the safety and health conditions, see. sections 4-6.

4) Why and how signs of accidents at work and work-related complaints must be detected and notified.


5) conditions Under which the employees are entitled to occupational health studies.

6) working methods, which should reduce the level of exposure as much as it is reasonably practicable.





Occupational health studies

§ 10. The employer shall ensure that employees who are deemed to be exposed to vibration, without prejudice. sections 4-6, have access to an occupational medical examination, if





1) vibration load is such that the identifiable disease or deterioration of the employee's health can be linked to exposure,

2) it is likely that the disease or effect may occur under the particular conditions, the employees are working under,

3) the used investigation method only involves minimal risk for the employees, and

4) there are effective techniques for the detection of disease or impairment of the employee's health.





(2). The occupational health examination be organised and implemented with a view to preventing and combating work-related disorders.

(3). The investigation must be carried out by occupational health clinics or departments including occupational health outpatient clinics, or by other similar experts.

(4). Any reasonable expenses for examination shall be borne by the employer. The employer must ensure that the investigation can be carried out without loss of income for the employees and, as far as possible during working hours.

§ 11. The leading occupational health studies, see. § 10, submitting their results to the Danish Energy Agency and inform the examined employees about the result. This must, on request, be communicated to the employee in writing. The results must not be left to the employer.

(2). The Danish Energy Agency shall inform the company about the results of the occupational health examination gives rise to take new measures, including updating the risk assessment has, continued health examination for employees as well as measures in connection with the work planning and organisation.

A derogation

§ 12. If the employee's exposure to mechanical vibration is usually below the action values laid down in section 3, paragraph 1, no. 2, and paragraph 2, no. 2, but the suspension varies significantly and occasionally exceed the limit values laid down in section 3, paragraph 1, no. 1, and paragraph 2, no. 1, the DEA dispensers from the requirements of section 8.

(2). A derogation under paragraph 1 is, however, subject to the condition that the average vibration load calculated over a week, see. Annex 1 and 2, is less than the limit values laid down in section 3, paragraph 1, no. 1, and paragraph 2, no. 1.

(3). Furthermore, it should be demonstrated that the risks from the pattern of deferment is less than the risks of exposure to the limit values laid down in section 3, paragraph 1, no. 1, and paragraph 2, no. 1.

(4). Before the Danish Energy Agency shall decide on the exemption, should the social partners, represented in Offshoresikkerhedsrådet after offshoresikkerhedslovens section 58, shall be consulted.

(5). The exemption must be accompanied by conditions which guarantee, taking account of specific circumstances to the risks, as follows, be reduced as much as is reasonably practicable.

(6). There must also be the employees access to occupational medical examination referred to in article 6. sections 10-11.

(7). The waiver is valid for a maximum period of 4 years and shall lapse as soon as the conditions referred to in paragraphs 1-3 are no longer present.

§ 13. In addition to the exemption under section 12 may the Danish Energy Agency, where special conditions are fulfilled, may grant derogations from provisions of the Executive order, when it is deemed reasonable and defensible, as well as safety and health, in so far as it is compatible with Directive 2002/44/EC of 25. June 2002 on the minimum health and safety requirements in connection with the worker's exposure to risks arising from physical agents (vibration) (16th individual Directive within the meaning of article 16 (1) of Directive 89/391/EEC).

Punishment and entry into force, etc.

§ 14. Unless a higher penalty is inflicted for offshoresikkerhedsloven or other legislation, is punishable by a fine anyone who violates sections 4-10 or section 11, paragraph 1.

(2). For violation of the provisions of paragraph 1, within the framework of offshoresikkerhedslovens § 71 imposed on an employer responsibility, even though the infringement fines not attributable to the employer as the intentional or negligent. It is a condition of fine responsibility that the infringement attributable to one or more persons related to the company or the company as such. For such fine liability determined no alternative custodial penalty.

(3). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.

§ 15. The notice shall enter into force on the 1. June 2008.

(2). § 8 shall only apply after the 6. July 2010, in respect of the use of equipment





1) was put at the employee's disposal before the 6. July 2007 and

2) not taking into account the latest technical progress or organisational measures to comply with the limit values laid down in section 3.



The Danish Energy Authority, the 15. May 2008 Ib L/Henrik Andersen Annex 1

Hand-arm vibration

Measurement and assessment of hand-arm vibration shall be carried out in accordance with Chapter 4 and 5 and Annex A of ISO 5349-1 standard (2001) and ISO 5349-2 standard (2001).

The daily vibration load (A) (12) of a person is calculated by means of the formula:,

where:

ahver vibration strength in m/s2,

T is the duration of the postponement with vibration strength ahvog

T0er 12 hours.

When the daily loading time deviates from 12 hours, so a change of the load at a given vibration strength.

Vibration strength ahv is calculated using the formula:

,

where:

ahwx, ahwyog ahwyer frequency-weighted accelerations in m/s2 RMS measured in three perpendicular directions in the place where the vibrating surface is in contact with the hand.

If both hands are exposed to vibrations, the highest value of vibration strength ahvbruges to evaluate the daily vibration load.

If during the working day is performed two or more working operations with different vibratory calculates the daily vibration load A (12) according to the formula:,

where:

n is the number of different work operations in the course of the day,

ahvier vibration strength for working operation in,

Duration of the labour operation in silent and

Dry 12 hours.

Vibration load calculated over a week, see. the derogation provided for in article 12

The average vibration load calculated over a week (A (12) week) is the time-weighted average of the load within a period of 7 days (one week) over a reference period of seven 12-hour days (84 hours). It is calculated by using the formula:

,

where:

(A) (12) (j) is the level of exposure for the day j.

By the day's work that deviates from 12 hours, and a work week that departs from 7 days, the level of exposure is still after the wording of Directive 2002/44/EC of 25. June 2002 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (vibration) are calculated over 84 hours. Since this will in practice be difficult to handle, and when the time period length is immaterial to the calculation formula can be used, corresponding with a week as the reference period.
Annex 2

Whole-body vibration

Measurement and evaluation of whole-body vibration shall be carried out in accordance with chapters 5-7 and Annex A and B of ISO standard 2631-1 (1997).

The daily vibration load A (8) a person is calculated by means of the formula:,

where:

awer the frequency-weighted RMS vibration strength in m/s2 in one of the three perpendicular directions, x, y and z,

T is the duration of the postponement with vibration strength aw,

T0er 12 hours and

k is for the x and y directions and 1.4 k is 1 for z direction.

The daily vibration load is calculated separately for each of the three directions x, y and z.

When the daily loading time deviates from 12 hours, so a change of the load at a given vibration strength.

If during the working day is performed two or more working operations with different vibratory calculates the daily vibration load A (12) according to the formula:,

where:

n is the number of different work operations in the course of the day,

awier vibration strength for working operation in,

Duration of the labour operation in silent and

T0er 12 hours.

Vibration load calculated over a week, see. the derogation provided for in article 12

The average vibration load calculated over a week (A (12) week) is the time-weighted average of the level of exposure within a period of 7 days (one week) over a reference period of seven 12-hour days (84 hours). It is calculated by means of the formula:,

where:

(A) (12) (j) is the level of exposure for the day j.

By the day's work that deviates from 12 hours, and a work week that departs from 7 days, the level of exposure is still after the wording of Directive 2002/44/EC of 25. June 2002 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (vibration) are calculated over 84 hours. Since this will in practice be difficult to handle, and when the time period length is immaterial to the calculation formula can be used, corresponding with a week as the reference period.

Official notes 1) Ordinance contains provisions implementing parts of a European Parliament and Council Directive 2002/44/EC of 25. June 2002 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (vibration) (16th individual Directive within the meaning of article 16 (1) of Directive 89/391/EEC) (Official Journal of the European communities 2002 nr. L 177, p. 13), as amended by European Parliament and Council Directive 2007/30/EC of 20. June 2007, the official journal of the European Union 2007 (nr. L 165, page 21).