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Decree No. 2005-746, July 4, 2005 Relating To Safety And Health Requirements Applicable In The Case Of Exposure Of Workers To The Risks Arising From Vibration Mechanical And Amending The Second Labour Party Code: Orders In Co...

Original Language Title: Décret n° 2005-746 du 4 juillet 2005 relatif aux prescriptions de sécurité et de santé applicables en cas d'exposition des travailleurs aux risques dus aux vibrations mécaniques et modifiant le code du travail (deuxième partie : Décrets en Co...

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JOB , WORK, LABOUR CODE, WORKER PROTECTION, DANGEROUS WORK, HEALTH , WORKER'S SAFETY, PREVENTION, OCCUPATIONAL HAZARD, EXPOSURE, SECURITY PRESCRIPTION , MECHANICAL VIBRATION, TRANSPOSITION OF DIRECTIVE, EUROPEAN HARMONIZATION


JORF No. 155 of July 5, 2005 page 11078
Text No. 9



Decree No. 2005-746 of 4 July 2005 on the safety and health requirements applicable in the event of workers' exposure to risks due to mechanical vibrations and amending the Labour Code (Part Two: State Council Orders

NOR: SOCT0511142D ELI: https://www.legifrance.gouv.fr/eli/decret/2005/7/4/SOCT0511142D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2005/7/4/2005-746/jo/texte


Prime Minister,
On the report of the Minister of Employment, Cohesion And the Minister for Agriculture and Fisheries,
In view of Directive 2002 /44/EC of the European Parliament and of the Council of 25 June 2002 on the minimum safety and health requirements for Exposure of workers to risks due to physical agents (vibrations) (sixteenth special directive within the meaning of Article 16 (1) of Directive 89 /391/EEC);
Given the Labour Code, and in particular Article L. 231-2;
Vu The opinion of the Conseil supérieur de la prévention des risques professionnels dated 16 March 2005;
In view of the opinion of the National Commission for Occupational Health and Safety in Agriculture dated 16 September 2003;
The Council of State (section Social) heard, Décrète:

Item 1
It is created in Chapter I of Title III of Book II of the Labour Code (Part Two: Orders in Council of State), Section IX, written as follows:


"Section IX



" Preventing Exposure to Mechanical Vibration



" Subsection 1



"General



" Art. R. 231-117. -The provisions of this Section shall apply to establishments referred to in Article L. 231-1 in which workers are exposed or likely to be exposed during their work to risks due to vibrations Mechanical.
" Art. R. 231-118. -I.-For the purposes of this section, "
" means: (a) " vibration transmitted to hands and arms: mechanical vibration which, when transmitted to the hands and arms of man, entails risks to the health and safety of workers, in particular vascular disorders, injuries Osteoarticular or neurological or muscle disorders;
" (b) " vibration transmitted to the whole body: mechanical vibration which, when transmitted to the whole body, entails risks to the health and safety of workers, in particular the lumbar and the microtraumas of the column Spine.
" II. -The physical parameters characterizing the exposure to mechanical vibrations are defined as the daily exposure value to vibrations reported to an eight-hour reference period.
" An order of the Ministers responsible for labour and agriculture shall specify the mode of determination of the physical parameters referred to in this
. Art. R. 231-119. -I.-The daily exposure limit value reported to an eight-hour reference period is set at 5 m/s² for hand and arm vibrations, and at 1.15 m/s² for whole-body vibrations.
" II. -The daily exposure value reported to a reference period of eight hours triggering the prevention action provided for in Article R. 231-122 and Article R. 231-124 is set at 2.5 m/s² for hand-transmitted vibrations And arm, and 0.5 m/s² for whole body vibrations.


"Subsection 2



" Employer Obligations



" Art. R. 231-120. -I.-When assessing the risks to the health and safety of workers in accordance with Article L. 230-2 of Article L. 230-2 and the updating of the assessment, the employer shall assess and, if necessary, measure the levels of Mechanical vibrations to which workers are exposed.
" The evaluation of the levels of mechanical vibration and the measurement are intended to determine the physical parameters defined in Article R. 231-118 and to assess whether, in a given situation, the values laid down in Article R. 231-119 are Exceeded.
" The evaluation of the mechanical vibration levels and, if necessary, the measurement shall be planned and carried out by competent persons at appropriate intervals with the assistance, if any, of the occupational health
. The results of the evaluation of the levels of mechanical vibration or of the measurement shall be kept in a form likely to allow for the consultation for a period of ten years
These results shall be made available to the members of the Health, Safety and Working Conditions Committee, the staff delegates and the working
. They shall also be required, on their request, to be made available to the inspector or supervisor of the labour or to the prevention services of the social security agencies and the bodies referred to in 4 of Article L. 231-2.
" An order of ministers responsible for labour and agriculture specifies the conditions for the evaluation of the levels of mechanical vibration and measurement.
" II. -When conducting the risk assessment, the employer shall consider the following:
" (a) The level, type and duration of exposure, including exposure to intermittent vibrations or repeated shock, evaluated or measured in accordance with paragraph I above;
" (b) Exposure limit values or exposure values triggering the prevention action set out in article R. 231-119;
" (c) Any impact on the health and safety of workers who are particularly sensitive to this risk, including pregnant women and young people under 18 years of
; (d) Any indirect impact on the safety of workers resulting from interactions between mechanical vibrations and the workplace or other equipment, in particular when mechanical vibrations interfere with the correct handling of the Orders or the correct reading of the indicators, or damage the stability of the structures;
" (e) Information on vibration emissions, supplied by manufacturers of work equipment, in accordance with the technical rules referred to in article R. 233-84;
" (f) The existence of work equipment to reduce the levels of exposure to mechanical vibrations that may be used in replacement;
" (g) The extension of exposure to vibrations transmitted to the whole body beyond working hours, for example, where the nature of the activity causes a worker to use rest facilities exposed to vibrations, Employer responsibility;
" (h) Special working conditions, such as low temperatures;
(i) The conclusions drawn by the occupational physician for the health surveillance of workers
III. -Where the results of the risk assessment identify risks to the health or safety of workers due to mechanical vibration, the employer shall implement the measures provided for in Articles R. 231-122, R. 231-123 and, Subject to the prerogatives of the occupational physician, R. 231-124.
" Art. R. 231-121. -With a view to ensuring compliance with the obligations of this Section, the Labour Inspector may request the employer to carry out a measurement of the exposure to mechanical vibrations by an organization accredited in this field by The French Accreditation Committee or any other accreditation body signatory to the European multilateral agreement established in the framework of the European coordination of accreditation
. An order of ministers responsible for labour and agriculture specifies the conditions for accreditation and the methods to be used for measurement.
" The employer shall justify the seizure to the accredited organization within 15 days of the date of formal notice and shall transmit to the labour inspector the results communicated to it within 10 days after the date of such communication
The cost of benefits related to vibration exposure measurement is the responsibility of the employer.
" Art. R. 231-122. -I.-The employer shall take preventive measures to eliminate or minimise the risks arising from exposure to mechanical vibration, taking into account technical progress and the existence of risk control measures in the Source.
" The reduction of these risks shall be based on the general principles of prevention mentioned in Article L. 230-2.
" II. -Where the daily exposure values triggering the prevention action set out in Article R. 231-119 are exceeded, the employer shall establish and implement a programme of technical or organisational measures to reduce the Minimum exposure to mechanical vibration and the resulting risks.
" The employer can decide in particular:
" (a) The implementation of other work processes to reduce daily exposure to mechanical vibrations;
" (b) The choice of suitable work equipment, which is ergonomically designed and which produces, in the light of the work to be performed, the least possible vibration;
" (c) Provision of auxiliary equipment reducing the risk of vibration-related injuries such as seats effectively attenuating the vibrations transmitted to the whole body or handles effectively attenuating the transmitted vibrations Hands and arms;
" (d) Appropriate maintenance programmes for work equipment and the workplace;
" (e) Modification of the design and layout of workplaces and workstations;
" (f) Adequate information and training of workers so that they correctly and safely use work equipment, so as to minimize their exposure to mechanical vibrations;
" (g) Limit the duration and intensity of exposure;
" (h) Different organisation of working hours, including rest periods;
" I) The supply to exposed workers of clothing is now protected from cold and moisture.
" III. -In any event, workers are not exposed to mechanical vibration levels higher than the exposure limit values laid down in Article R. 231-119.
" If, in spite of the measures implemented by the employer under this Article, the exposure limit values have been exceeded, the employer shall immediately take measures to reduce exposure below them.
" It determines the causes of the exceedance of the exposure limit values and adapts, as a result, protection and prevention measures to avoid a new overflow.
" IV. -Where the nature of the activity causes a worker to use rest premises under the responsibility of the employer and exposed to the vibrations, except in cases of force majeure, the exposure of the whole body to the vibrations in those premises Must remain at a level compatible with the functions and conditions of use of these premises.
" V.-The employer shall, in conjunction with the occupational physician, adapt the measures provided for in this article to the needs of workers who are particularly sensitive to this risk
Art. R. 231-123. -Where the assessment of the cases reveals that workers are exposed to risks due to mechanical vibrations, the employer shall ensure that these workers receive information and training in relation to the results of the The risk assessment and the Occupational Health Service competition, including:
" (a) Measures taken pursuant to article R. 231-122 to eliminate or minimize the risks arising from mechanical vibrations;
" (b) The results of evaluations and measurements of exposure to mechanical vibrations carried out pursuant to article R. 231-120;
" (c) Exposure limit values and exposure values triggering prevention action;
" (d) Lesions that could result from the use of vibration-producing work equipment, as well as the usefulness and manner of tracing and reporting the symptoms of such lesions;
" (e) The conditions under which workers are entitled to enhanced medical surveillance;
" (f) Safe work practices to minimize exposure to mechanical vibration.


"Subsection 3



" Monitoring Enhanced medical


" Art. R. 231-124. -I.-The occupational physician shall carry out enhanced medical supervision for workers exposed to a level of mechanical vibration higher than the values laid down in Article R. 231-119
II. -If the worker is diagnosed with a disease or an identifiable condition considered by the occupational physician as a result of exposure to mechanical vibrations in the workplace, the worker is informed by the doctor of the The results and interpretation of the medical examinations he received.
" The employer shall be informed of any significant conclusions arising from the enhanced medical surveillance, in accordance with medical
. The employer shall draw all relevant consequences and, in particular, review the risk assessment in accordance with Article R. 231-120 and review the measures provided for the removal or reduction of risks in accordance with Article R. 231-122. It shall take into account the opinion of the occupational physician for the implementation of any measure deemed necessary to eliminate or reduce risks in accordance with Article R. 231-122, including the possible assignment of the worker to another position. With more exposure risk.
" In this case, the occupational physician determines the relevance and nature of the examinations that may be required for other workers with similar exposures. "

Item 2 Learn more about this Article ...


This Order comes into force on July 6, 2005.
However, the provisions of III of Article R. 231-122 of the Labour Code are not applicable After a transitional period of five years, on 6 July 2010, when work equipment put into service before 6 July 2007 does not allow for compliance with the limit values of exposure, despite the implementation of measures Techniques taking into account the latest progress and work organisation measures. An order of the Ministers responsible for labour and agriculture, taken before 6 July 2007, determines the categories of equipment that meet these conditions.
For equipment used in the agricultural and forestry sectors, an order of the Minister responsible for agriculture and forestry may extend the transitional period referred to in the above paragraph by four years. This order determines, based on the technical and organizational measures that can be implemented, the duration of this extension, as well as the categories of equipment involved.

Article 3 More about this Article ...


The Minister of Employment, Social Cohesion and Housing, the Minister of Agriculture and Fisheries and the Minister responsible for employment, work and integration of young people are responsible, Each in respect of the execution of this Decree, which shall be published in the Official Journal of the French Republic.


Done at Paris, 4 July 2005.


Dominique de Villepin


By the Prime Minister:


Minister of Employment, Social Cohesion

and Housing,

Jean-Louis Borloo

Minister of Agriculture and Fisheries,

Dominique Bussereau

Associate Minister Employment,

work and youth job placement,

Gérard Larcher


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