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In accordance with the decision of the Council of State, which has been presented by the Ministry of Social Affairs and Health, the (738/2002) Pursuant to:
The purpose of this Regulation is to protect the worker from the risks arising from work and the harm caused or likely to be caused by exposure to an artificial, i.e. non-natural optical radiation.
This Regulation shall apply to work subject to safety at work law. (2002) And where optical radiation is or may pose a risk to the health of the worker's eyes or skin.
For the purposes of this Regulation:
(1) Optical radiation Artificial electromagnetic radiation in the wavelength range 100 nanometres (nm) - 1 mm (mm);
(2) Ultraviolet radiation Optical radiation in the wavelength range 100-400 nm;
(3) With visible radiation, i.e. light Optical radiation in the wavelength range 380 to 780 nm;
(4) Infrared radiation Optical radiation in the wavelength range 780 nm-1 mm;
(5) Laser A device capable of generating or strengthening electromagnetic radiation in the wavelength range of optical radiation, mainly through a controlled emission process;
(6) Laser radiation Optical radiation from laser;
(7) With untreated radiation Optical radiation, other than laser radiation;
(8) Exposure limit values The limits of exposure to optical radiation based directly on the health effects and biological considerations established;
(9) Irradiance (E) Radiation power to a particular surface expressed per unit of area expressed in watts per square metre (W m -2 );
(10) Energy density (H) The frequency of the effective density expressed in joules per square metre (J m -2 );
(11) In radio (L) Radiation output per unit of space and per unit area expressed in watts per square metre and steradian (W m -2 Sr -1 ).
The limit values for the exposure to the indirect radiation are set out in Annex I.
The exposure limit values for laser radiation are set out in Annex II.
Compliance with these limits will ensure the protection of workers exposed to optical radiation from all known harmful effects on health.
The employer shall identify sources of optical radiation and, accordingly, determine whether the workers are exposed to optical radiation.
The employer shall assess the level of exposure to optical radiation of the worker. If necessary, the employer shall either measure or calculate this.
The assessment, measurement and calculation of exposure shall be appropriately designed and performed and performed at appropriate intervals. The assessor, the meter and the issuer must be an expert on occupational health care or hygiene in the workplace or any other person employed or outside the employer who has the necessary ability and ability to assess, measure and calculate optical radiation.
The assessment, measurement and calculation of exposure to optical radiation shall be carried out in accordance with the International Committee for Electrical Engineering (IEC) standards and the International Lighting Committee on Imperent Radiation (CIE). Recommendations of the European Committee for Standardisation (CEN). In situations of exposure that are not covered by these standards and recommendations and until appropriate EU standards or recommendations are available, exposure to radiation shall be assessed, measured and calculated , in accordance with national or international scientific justification. The exposure assessment may also take into account the information provided by the manufacturer of the optical radiation device where the device falls within the scope of the relevant Community directives.
The employer shall keep records of the estimated, measured and calculated exposure levels for as long as it is necessary for the assessment, measurement or calculation of the exposure to optical radiation of the subject.
On the basis of the report and analysis referred to in Articles 5 and 6, the employer shall assess the relevance of the risk to the health of workers. The employer shall be in possession of the result of the assessment of this risk which he or she may include in the employment report or any other explanation. The worker must have the opportunity to be informed of the outcome of the evaluation.
The risk assessment may include a statement that a more detailed risk assessment is not necessary due to the nature and extent of the risk. The risk assessment shall be kept up to date and reviewed, in particular where there have been significant changes in the working methods or working conditions, or where the health surveillance of the worker proves necessary.
In assessing the risk, the employer shall take particular account of:
(1) the level of exposure to optical radiation and the wavelength and duration of optical radiation;
(2) exposure limit values for optical radiation;
(3) the effects of optical radiation on the health and safety of workers whose occupational health service has been identified as being particularly vulnerable;
(4) the risk to the health and safety of workers arising from interactions between optical radiation and photosensitive chemical substances;
(5) indirect effects of optical radiation, such as temporary blinding, explosion or fire;
(6) the existence of replacement equipment designed to reduce exposure to optical radiation;
(7) information obtained from health surveillance, including published information, where possible;
(8) exposure to multiple sources of optical radiation;
(9) the classification of lasers as defined in the IEC standard and the corresponding classes of other artificial sources which are likely to cause a similar damage to a category 3 B or 4 laser;
(10) information provided by manufacturers of optical radiation sources and associated equipment and protective equipment in accordance with the relevant Community Directives.
The employer shall eliminate the risks to the health and safety of the worker from exposure to optical radiation or, where this is not possible, to reduce them to the lowest possible level, taking into account technical progress and hazard Or the measures available to prevent or reduce the harm.
If the results of the risk assessment show that workers may be exposed to optical radiation above the limit values, the employer shall establish and implement a programme to prevent exposure exceeding the limit values ( Control programme ).
At workplaces where workers may be exposed to optical radiation above limit values, the employer shall report optical radiation with appropriate signs and shall be labelled and restricted if technically: Possible.
The prevention programme shall take technical or operational measures to prevent exposure exceeding the limit values. In particular, it shall pay attention to:
1) alternative working methods;
(2) taking into account the work carried out on the choice of equipment emitting less optical radiation;
(3) technical measures for radiation sources to reduce the exposure of workers to radiation;
(4) adequate maintenance and maintenance programmes for work equipment, workplaces and workstations;
(5) the design of workplaces and workstations;
6) limitation of the duration and level of exposure;
7) the availability of adequate personal protective equipment;
8) the manufacturer's instructions.
If the exposure of an employee to optical radiation exceeds the limit value laid down in Article 4, the employer shall take immediate action to reduce exposure below the limit value.
The employer shall explain the reasons for the exceedance of the limit value and modify the protection and prevention in such a way that it does not happen again.
The employer shall take appropriate measures to protect the health and safety of workers exposed to the risk of optical radiation by occupational health care.
The employer shall provide the workers exposed to optical radiation with the necessary information on the results of the risk assessment referred to in Article 8, as well as training and guidance, in particular:
(1) measures to eliminate or minimise the risks and harm caused by optical radiation;
(2) exposure limit values and possible risks;
(3) the results of the assessment, measurement and calculation of exposure and their relevance to safety and health;
(4) identification and reporting of adverse health effects resulting from optical radiation;
(5) health care and its activities;
(6) safe working methods, and
7) the proper use of adequate personal protective equipment.
This Regulation shall enter into force on 27 April 2010.
Directive 2006 /25/EC of the European Parliament and of the Council (32006L0025); OJ L 114, 27.4.2006, p. 38
