Regulation on the protection of workers from risks caused by noise and vibration (noise and vibration safety regulations-noise vibration)

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Noise vibration ArbSchV

Date of completion: 06.03.2007

Full quote:

" Noise and Vibration Occupation Ordinance of 6 March 2007 (BGBl. 261), as last amended by Article 3 of the Regulation of 19 July 2010 (BGBl I). I p. 960).

Status:

Last amended by Art. 3 V v. 19.7.2010 I 960

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 9.3.2007 + + +) 

  

The V was referred to as Article 1 of V v. 6.3.2007 I 261 by the Federal Government after consultation of the interested parties and the special committee, as well as of the Federal Ministry of Labour and Social Affairs in agreement with the Federal Ministry of the Interior after Hearing of the Committee on Technical Work and Consumer Products and in agreement with the Federal Ministry of Economics and Technology, the Federal Ministry of Food, Agriculture and Consumer Protection, the Federal Ministry of Economics and Technology for the environment, nature conservation and reactor safety, the Federal Ministry of the Defence and the Federal Ministry of Transport, Building and Urban Development. She's gem. Article 7, first sentence, of this V entered into force on 9 March 2007. Unofficial table of contents

Content Summary

	Section 1
	Scope and definitions
§ 1	Scope
§ 2	Definitions
	Section 2
	Identification and assessment of the risks; measurements
§ 3	Risk assessment
§ 4	Measurements
§ 5	Specialist
	Section 3
	Triggering values and protective measures for noise
§ 6	Triggering values for noise
§ 7	Measures to prevent and reduce noise exposure
§ 8	Hearing protection
	Section 4
	Exposure limit values and tripping values as well as protection measures for vibration
§ 9	Exposure limit values and release values for vibration
§ 10	Measures to prevent and reduce exposure to vibration
	Section 5
	Training of employees; Consultation by the Committee on Safety of Operational Safety
§ 11	Training of employees
§ 12	Advice by the Committee on Safety of Operational Safety
§ 13	(dropped)
§ 14	(dropped)
	Section 6
	Exceptions, criminal offences and administrative offences, transitional provisions
§ 15	Exceptions
§ 16	Offences and regularties
§ 17	Transitional provisions
Appendix Vibration

Section 1
Scope and definitions

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§ 1 Scope

(1) This Regulation shall apply to the protection of workers from actual or potential hazards to their health and safety caused by noise or vibration at work. (2) This Regulation shall not apply in establishments which are subject to the Federal Mining Act. (3) The Federal Ministry of Defence may grant derogations from the provisions of this Regulation to employees who are or may be subject to noise and vibration, to the extent that public matters are mandatory shall require, in particular for the purposes of national defence or compliance with intergovernmental obligations of the Federal Republic of Germany. In this case, it shall be necessary to establish at the same time how the safety and health protection of workers under this Regulation can be ensured in a different way. Unofficial table of contents

§ 2 Definitions

(1) Noise within the meaning of this Regulation shall be any sound which may result in impairment of hearing or any other indirect or direct endangerment of the safety and health of workers. (2) Day-noise exposure level (L (deep) EX,8h) is the noise exposure level averaged over time, based on an eight-hour shift. It includes all sound events occurring in the workplace. (3) The weekly noise exposure level (L (deep) EX, 40h) is the time-averaged daily noise exposure level relative to a 40-hour week. (4) The peak sound pressure level (L (deep) pC, peak) is the maximum value of the instantaneous sound pressure level. (5) vibrations are all mechanical vibrations transmitted by objects to the human body and to an indirect or direct danger to safety and security; and Health of workers. These include in particular:

1.

mechanical vibrations, which, when transmitted to the human hand-arm system, cause or can cause hazards to the health and safety of workers (hand-arm vibration), in particular bone or joint damage, blood circulation disorders or neurological disorders, and

2.

mechanical vibrations which, when transmitted to the body as a whole, cause or can cause hazards to the health and safety of workers (whole-body vibration), in particular back pain and damage to the body Spine.

(6) The daily vibration exposure value A (8) shall be the vibration exposure value averaged over the time referred to in point 1.1 of the Annex for manual arm vibration and in point 2.1 of the Annex for whole-body vibration, based on an eight-hour shift. (7) The state of the art is the state of development of advanced procedures, facilities or modes of operation, which makes it possible to ensure the practical suitability of a measure to protect the health and safety of employees. In the determination of the state of the art, comparable methods, devices or operating modes are to be used in particular, which have been tested successfully in practice. The same applies to the requirements for occupational medicine and hygiene. (8) The employees are pupils, students and other persons working in training institutions who, in their activities, are responsible for noise and vibration. shall be the same.

Section 2
Identification and assessment of the risks; measurements

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§ 3 Risk assessment

(1) When assessing the working conditions in accordance with § 5 of the German Labour Protection Act (Arbeitsschutzgesetz), the employer must first determine whether the employees are exposed to noise or vibration or may be exposed to vibration. If this is the case, it has to assess all the risks to the health and safety of workers. For this purpose, it has to identify and evaluate the occurring exposures at the workplace. The employer may obtain the necessary information from the manufacturer or the placing on the market of work equipment or other sources which are readily accessible to him. If compliance with the trigger and exposure limit values cannot be reliably determined, it shall determine the extent of exposure by means of measurements in accordance with § 4. In accordance with the outcome of the risk assessment, the employer shall establish protective measures in accordance with the state of the art. (2) The risk assessment referred to in paragraph 1 shall include in particular:

1.

in the case of exposure of employees by noise

a)

the nature, extent and duration of exposure to noise,

b)

the triggering values in accordance with § 6 sentence 1 and the exposure values in accordance with § 8 (2),

c)

the availability of alternative equipment and equipment leading to a lower exposure of employees (substitution test);

d)

findings from occupational health and public health care, as well as publicly available, published information on this,

e)

the temporal extension of occupational exposure beyond an eight-hour shift,

f)

the availability and effectiveness of hearing protectors,

g)

impact on the health and safety of workers who are particularly vulnerable groups; and

h)

Manufacturer's information on noise emissions and

2.

in the case of exposure of workers to vibration

a)

the nature, extent and duration of exposure to vibration, including special working conditions, such as activities at low temperatures,

b)

the exposure limit values and trigger values in accordance with § 9 (1) and (2),

c)

the availability and possibility of using alternative equipment and equipment leading to a lower exposure of employees (substitution test);

d)

findings from occupational health and public health care, as well as publicly available, published information on this,

e)

the temporal extension of occupational exposure beyond an eight-hour shift,

f)

impact on the health and safety of workers who are particularly vulnerable groups; and

g)

Manufacturer's information on vibration emissions.

(3) The hazards associated with exposure to noise or vibration shall be assessed independently of each other and shall be combined in the risk assessment. Possible change or combination effects shall be taken into account in the risk assessment. This applies in particular to activities with simultaneous exposure to noise, work-related ototoxic substances or vibrations, as far as this is technically feasible. Account must also be taken of indirect effects on the health and safety of workers, for example by means of interactions between noise and warning signals or other noises, the perception of which is to prevent hazards. is required. In the case of activities requiring a high concentration and attention, adverse and negative effects resulting from exposure to noise or vibration shall be taken into account. (4) The employer shall have the risk assessment independent of the Number of employees to be documented. The documentation shall indicate which hazards may occur in the workplace and which measures must be taken to avoid or minimise the risks to employees. The risk assessment shall be updated if significant changes in working conditions make this necessary or if an update proves necessary on the basis of the results of the occupational health care provision. Unofficial table of contents

§ 4 Measures

(1) The employer shall ensure that measurements are carried out according to the state of the art. To that end

1.

Measurement methods and instruments shall be adapted to the existing conditions of work and exposure, in particular the characteristics of the noise to be measured or the vibrations to be measured, the duration of the action and the ambient conditions and

2.

the measuring methods and instruments shall be suitable for determining the respective physical quantities and shall allow the decision to comply with the trigger and exposure limit values set out in § § 6 and 9.

The measurements to be carried out may also include a sample survey representative of the personal exposure of an employee. The employer shall keep the documentation relating to the measured results for at least 30 years in a form which allows subsequent inspection. (2) Measurements for the determination of exposure due to vibration shall be in addition to the The requirements referred to in paragraph 1 shall be implemented in accordance with points 1.2 and 2.2 of the Annex. Unofficial table of contents

§ 5 Specials

The employer shall ensure that the risk assessment is carried out only by expert persons. If the employer does not have the appropriate knowledge himself, he has to consult with expert advice. Persons skilled in the art can, in particular, be the occupational physician and the specialist for occupational safety. By carrying out measurements, the employer may only commission persons who have the necessary technical expertise and the necessary facilities.

Section 3
Triggering values and protective measures for noise

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§ 6 Release values for noise

The triggering values in relation to the daily noise exposure level and the peak sound pressure level shall be:

1.

Upper release values: L (deep) EX,8h = 85 dB (A) or L (deep) pC, peak = 137 dB (C),

2.

Lower release values: L (deep) EX,8h=80 dB (A) and L (deep) pC, peak = 135 dB (C).

When the triggering values are applied, the damping effect of a personal hearing protection of the employees is not taken into consideration. Unofficial table of contents

Section 7 Measures to prevent and reduce noise exposure

(1) The employer shall carry out the protective measures defined in accordance with § 3 (1) sentence 6 in accordance with the state of the art in order to exclude or to reduce as far as possible the risks to the employees. The following order of precedence shall be taken into account:

1.

The noise emission must be prevented at the place of origin or reduced as far as possible. Technical measures shall take precedence over organisational measures.

2.

The measures referred to in point 1 shall take precedence over the use of hearing protection in accordance with § 8.

(2) The measures referred to in paragraph 1 shall include in particular:

1.

alternative working methods, which reduce the exposure of workers to noise,

2.

Selection and use of new or existing work equipment from the point of view of noise reduction,

3.

the noise-reducing design and installation of workplaces and workplaces,

4.

technical measures for air-borne noise reduction, for example by means of shielding or encapsulation, and for the reduction of structure-borne noise, for example, by means of body-borne noise reduction or insulation, or by sound insulation,

5.

Maintenance programmes for work equipment, workplaces and equipment,

6.

work organisation measures to reduce noise by limiting the duration and extent of exposure and working schedules with sufficient time without exposure to exposure.

(3) In restrooms, taking into account their purpose and conditions of use, the exposure to noise shall be reduced as far as possible. (4) The employer shall have working areas in which one of the upper tripping values for noise (LEX, 8h, LpC, peak) shall be: can be exceeded as noise areas and, if technically possible, to be distinguished. In these areas, employees may only reside if the working procedure so requires and the employees use a suitable personal protective equipment; paragraph 1 shall remain unaffected. (5) Will be one of the upper trigger values , the employer shall draw up and carry out a programme of technical and organisational measures to reduce noise exposure. In particular, paragraphs 1 and 2 shall be taken into account. Unofficial table of contents

§ 8 Hearing protection

(1) If the lower release values are not complied with in accordance with § 6 sentence 1 no. 2 despite the implementation of the measures pursuant to § 7 para. 1, the employer shall make available to the employees a suitable personal hearing protection which shall meet the requirements in accordance with paragraph 2. (2) The personal hearing protection shall be selected by the employer in such a way as to eliminate or reduce to a minimum the risk to the hearing by means of its use. In this connection, it is necessary to ensure, with the effect of the hearing protection being taken into account, that the noise acting on the hearing of the employee is the maximum permissible exposure values L (deep) EX,8h = 85 dB (A) and L (deep) pC, peak = 137 dB (C) does not exceed. (3) The noise exposure at the workplace exceeds or exceeds one of the upper release values in accordance with § 6 sentence 1 no. 1, the employer shall ensure that the employees have the personal hearing protection (4) The condition of the selected personal hearing protector is in to check regularly. Where the employer finds that the requirements set out in the second sentence of paragraph 2 are not complied with, he shall immediately identify the reasons for such non-compliance and shall take measures to ensure that compliance with the provisions of the second sentence of paragraph 2 is met. Requirements are required.

Section 4
Exposure limit values and tripping values as well as protection measures for vibration

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Section 9 Exposure Limit Values and Trigger Values for Vibration

(1) For hand-arm vibration

1.

the exposure limit value A (8) = 5 m/s (high) 2 and

2.

the trigger value A (8) = 2.5 m/s (high) 2.

The exposure of workers to manual arm vibration shall be determined and evaluated in accordance with point 1 of the Annex. (2) For whole-body vibration, the following shall be determined:

1.

the exposure limit value A (8) = 1.15 m/s (high) 2 in the X and Y directions and A (8) = 0.8 m/s (high) 2 in the Z direction, and

2.

the trigger value A (8) = 0.5 m/s (high) 2.

The exposure of workers to whole-body vibration shall be determined and evaluated in accordance with point 2 of the Annex. Unofficial table of contents

Section 10 Measures for the prevention and reduction of exposure to vibration

(1) The employer shall carry out the protective measures according to the state of the art as defined in Section 3 (1), sentence 6, in order to exclude or reduce as far as possible the risks to the employees. In this case, vibrations at the site of origin must be prevented or reduced as far as possible. Technical measures to reduce vibration shall take precedence over organisational measures. (2) The measures referred to in paragraph 1 shall include in particular:

1.

alternative working methods that reduce exposure to vibration,

2.

Selection and use of new or existing work equipment, which are designed according to ergonomic aspects and, taking account of the activity to be carried out, cause as little vibration as possible, for example vibration-damped Hand-held or hand-held working machines, which reduce the vibration transmitted to the hand-arm area,

3.

the provision of additional equipment which reduces the risk of health due to vibration, such as seats which effectively dampen whole-body vibration,

4.

Maintenance programmes for work equipment, workplaces and facilities, as well as roadways,

5.

the design and establishment of workplaces and workplaces,

6.

the training of employees in their intended use and in the safe and vibration-free operation of work equipment,

7.

the limitation of the duration and intensity of exposure,

8.

work schedules with sufficient time without incriminating exposure and

9.

the provision of clothing for vulnerable workers to protect against cold and wet conditions.

(3) The employer shall ensure, in particular through the measures referred to in paragraph 1, that the exposure limit values of the employees are not exceeded in accordance with § 9 (1) sentence 1 (1) (1) and § 9 (2) sentence 1 (1) no. 1. If the exposure limit values are exceeded in spite of the measures taken, the employer shall immediately identify the reasons and take further measures to reduce exposure to a value below the exposure limit values. (4) If the triggering values are exceeded in accordance with § 9 (1) sentence 1, no. 2 or § 9 (2) sentence 1 no. 2, the employer shall have a programme of technical and organisational measures to be taken by the employer. To develop and carry out the reduction of exposure to vibration. In particular, the measures referred to in paragraph 2 shall be taken into account.

Section 5
Training of employees; Consultation by the Committee on Safety of Operational Safety

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Section 11 Instruction of employees

(1) In the event of exposure to noise, the lower release values in accordance with § 6 sentence 1 (2) or in the event of exposure to vibration may be reached or exceeded in accordance with § 9 (1) sentence 1 (2) or § 9 (2) sentence 1 no. 2, the Employers shall ensure that the employees concerned receive a training which is based on the results of the risk assessment and which provides information on the health hazards associated with exposure. It must be carried out before the start of the employment and thereafter at regular intervals, but always in the event of substantial changes in the incriminating activity. (2) The employer shall ensure that the instruction referred to in paragraph 1 shall be carried out in one of the following: The following information shall be given in the form and language of the person concerned and at least:

1.

the nature of the hazard,

2.

the measures to be taken to eliminate or minimise the risks, taking into account the conditions of employment;

3.

the exposure limit values and trigger values,

4.

the results of the exposure investigation, together with an explanation of their importance and the assessment of the potential hazards and health consequences associated with it,

5.

the proper use of the personal protective equipment,

6.

the conditions under which employees are entitled to occupational health care and the purpose of such provision,

7.

the proper handling of work equipment and safe working methods to minimise exposures,

8.

Notes on detection and reporting of possible health damage.

(3) In order to be able to detect early health problems caused by noise or vibration, the employer shall ensure that, as from the exceeding of the lower release values for noise and the exceeding of the release values for vibration, the affected persons concerned are affected. Employees receive general medical advice. The consultation is to be carried out with the participation of the physician referred to in § 7 (1) of the occupational health care regulation, if this should be necessary for medical reasons. Medical advice may be provided in the framework of the instruction referred to in paragraph 1. Unofficial table of contents

§ 12 Consultation by the Committee on Safety of Operational Safety

The Committee according to § 24 of the operational safety regulation also advises the Federal Ministry of Labour and Social Affairs on issues relating to safety and health protection in the event of noise or vibration-related hazards. Section 24 (4) and (5) of the operating safety regulation shall apply accordingly. Unofficial table of contents

§ 13 (omitted)

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§ 14 (omitted)

-

Section 6
Exceptions, criminal offences and administrative offences, transitional provisions

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Section 15 Exceptions

(1) The competent authority may, at the written request of the employer, allow exceptions to the provisions of § § 7 and 10 if the implementation of the provision in individual cases would lead to a disproportionate hardness and the deviation with is compatible with the protection of employees. These exceptions may be accompanied by secondary provisions which, taking into account the particular circumstances, ensure that the resulting risks are reduced to a minimum. These exceptions shall be reviewed at the latest after four years; they shall be repealed as soon as the circumstances which they have justified are no longer given. The employer's request shall contain details of:

1.

the risk assessment, including its documentation,

2.

the nature, extent and duration of the exposure determined;

3.

the measurement results,

4.

the state of the art in relation to the activities and the working procedures, as well as the technical, organisational and personal protective measures,

5.

Solution proposals and a timetable on how to reduce the exposure of employees in order to comply with exposure and release values.

6.

(dropped)

The exception referred to in the first sentence may also be applied for in connection with administrative procedures under other legislation. (2) In special cases, the competent authority may, at the employer's request, allow the activities to be carried out in respect of which the Noise exposure from one working day to the other significantly fluctuates, for the application of the triggering values for the assessment of the noise levels to which the employees are exposed, instead of the daily noise exposure level of the weeks-noise exposure levels provided that:

1.

the weekly noise exposure level does not exceed the exposure value L (deep) EX, 40h = 85 dB (A), and this is demonstrated by an appropriate measurement; and

2.

appropriate measures will be taken to minimise the risks associated with these activities.

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§ 16 Crime offences and administrative offences

(1) Contrary to the provisions of Section 25 (1) (1) of the German Labor Protection Act (Arbeitsschutzgesetz), who intentionally or negligently acts

1.

Contrary to the second sentence of Article 3 (1), the exposure to such exposure shall not be determined and evaluated in the scope referred to in paragraph 2,

2.

Contrary to § 3 (4) sentence 1, a risk assessment is not documented or in the documentation contrary to § 3 (4) sentence 2 the information referred to in this section does not make the assessment,

3.

Contrary to Section 4 (1) sentence 1 in conjunction with sentence 2, it does not ensure that measurements are carried out according to the state of the art, or that the measurement results are not stored in breach of § 4 (1) sentence 4,

4.

Contrary to § 5 sentence 1, it does not ensure that the risk assessment is carried out by qualified persons, or contrary to § 5 sentence 4, the persons mentioned there are not charged with carrying out the measurements,

5.

Contrary to Section 7 (4), the first sentence of the Working Group does not identify or define

6.

Contrary to § 7 (5) sentence 1, a programme of technical and organisational measures for the reduction of noise exposure is not carried out,

7.

contrary to Section 8 (1) in conjunction with paragraph 2, does not provide the hearing protection referred to therein,

8.

Contrary to Section 8 (3), it does not ensure that the employees use the hearing protection referred to in this section as intended,

9.

Contrary to Section 10 (3) sentence 1, it does not ensure that the exposure limit values mentioned in Section 9 (1), first sentence, or § 9 (2), first sentence, sentence 1 (1), are not exceeded,

10.

Contrary to § 10 (4) sentence 1, a programme of technical and organisational measures to reduce exposure to vibration is not carried out, or

11.

Contrary to Section 11 (1), it does not ensure that employees receive a training which is based on the results of the risk assessment and which contains the information referred to in Article 11 (2).

12.

(dropped)

13.

(dropped)

(2) Anyone who endangers the life or health of an employee by means of an intentional act referred to in paragraph 1 shall be punishable in accordance with Section 26 (2) of the German Employment Protection Act (Arbeitsschutzgesetz). Unofficial table of contents

Section 17 Transitional provisions

(1) For the area of the music and entertainment sector, this Regulation shall not apply until 15 February 2008. (2) For military material of the Bundeswehr, which was first put into operation before 1 July 2007, until 1 July 2011 shall be subject to departure from the following: 1 for whole-body vibrations in the Z-direction, an exposure limit value of A (8) = 1.15 m/s (high) 2. (3) By way of derogation from § 9 (2) No. 1, until 31 December 2011, in the case of activities involving construction machinery and construction equipment, which prior to 1997 and, in their use, in spite of the implementation of all relevant Measures under this Regulation shall not be possible to comply with the exposure limit value for whole-body vibrations in accordance with Article 9 (2) (1), to a maximum of 30 days in the year of exposure limit value for whole-body vibrations in the Z-direction of A (8) = 0.8 m/s (high) 2 up to a maximum of 1.15 m/s (high) 2. Unofficial table of contents

Appendix Vibration

1.

Hand-arm vibration

1.1

Determination and evaluation of exposure The assessment of the extent of exposure to hand-arm vibration shall be based on the state of the art on the basis of the calculation of the daily exposure value A (8), normalized to a reference period of eight hours; this is expressed as the square root of the sum of the squares (total value) of the effective values of the frequency-weighted acceleration in the three orthogonal directions a (deep) hwx, a (deep) hwy, a (deep) hwz.The evaluation of the extent of the Exposure may be estimated on the basis of the manufacturer ' s data on the extent of the vibration caused by the means of work used, and by means of observation of the specific working methods or by measurement.

1.2

Measurement In the case of measurements according to § 4 (2)

a)

Sampling methods may be used if they are representative of the vibrations in question to which the individual workers are exposed; the methods and devices used must be in accordance with the specific characteristics of the methods and devices to be used. vibration, environmental factors and the technical characteristics of the measuring instrument;

b)

The measurements must be carried out on each hand on devices which have to be held or guided on both hands. The exposure is determined with respect to the higher of the two values; the value for the other hand is also indicated.

1.3

Interferences § 3 (3) sentence 2 shall be taken into account in particular if vibrations have a disturbing effect on the correct handling of operating elements or the reading of displays.

1.4

Indirect exposure to § 3 (3) sentence 2 shall be taken into account, in particular, if vibrations have a disadvantageous effect on the stability of the structures or the strength of the connections.

1.5

Personal protective equipment Personal protective equipment against hand-arm vibration may be part of the programme of measures in accordance with § 10 (4).

2.

Whole-body vibration

2.1

Evaluation of exposure The evaluation of the extent of exposure to whole-body vibration shall be based on the state of the art on the basis of the calculation of the daily vibration exposure value A (8), which has been standardised for a reference period of eight hours; This is determined from the corrected effective value of the frequency-weighted acceleration 1.4 awx, 1.4 awy or awz of the three mutually orthogonal directions x, y or z, in which the time period which is to exceed the trigger value or the exposure limit value, is the least. Assessment of the extent of exposure may be carried out by means of an estimate on the basis of the manufacturer ' s information on the extent of the vibration caused by the means of work used and by means of observation of the specific working methods or by measurement shall be made.

2.2

Measurement In the case of measurements in accordance with Article 4 (2), sampling procedures may be used if they are representative of the vibrations in question to which the individual employee is exposed. The methods used shall be adapted to the specific characteristics of the vibration to be measured, the environmental factors and the technical characteristics of the measuring instrument.

2.3

Interferences § 3 (3) sentence 2 shall be taken into account in particular if vibrations have a disturbing effect on the correct handling of operating elements or the reading of displays.

2.4

Indirect hazards § 3 (3) sentence 2 shall be taken into account, in particular, if vibrations have a disadvantageous effect on the stability of the structures or the strength of the connections.

2.5

Exposures of ExpositionIf the expansion of occupational exposure beyond an eight-hour shift leads to employees using supervised rest rooms by the employer, they must be subjected to full-body vibration in these rooms for the purpose of: and the terms of use of the rooms to be agreed. Cases of force majeure are excluded.