Regulation On The Protection Of Workers From Exposure To Noise And Vibration

Original Language Title: Verordnung zum Schutz der Beschäftigten vor Gefährdungen durch Lärm und Vibrationen

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Regulation on the protection of workers against hazards due to noise and vibrations (noise and vibration OSH regulation LärmVibrationsArbSchV) LärmVibrationsArbSchV Ausfertigung date: 06.03.2007 full quotation: "noise - and vibration OSH Ordinance of March 6, 2007 (BGBl. I p. 261), most recently by article 3 of the Decree of July 19, 2010 (BGBl. I p. 960) has been changed" stand: last amended by art. 3 V v. 19.7.2010 I 960 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from) : 9.3.2007 +++) the V I was 261 by the Federal Government after consultation with stakeholders and of the Special Committee, as well as the Federal Ministry for labour and Social Affairs in consultation with the Federal Ministry of the Interior as article 1 of the V v. 6.3.2007 after consulting the Committee for technical work equipment 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 for environment, nature conservation and nuclear safety, the Ministry of Defense and the Federal Ministry of transport, building and urban development adopted. It is under article 7 clause 1 of this V on the 9.3.2007 entered into force.

Table of contents section 1 scope and definitions article 1 scope § 2 definitions section 2 determination and assessment of risk; Measurements article 3 risk assessment section 4 measurements section 5 expertise section 3 action and protective measures at noise § 6 exposure action values for noise article 7 measures to prevent and reduce the noise exposure of section 8 hearing protection section 4 exposure limit values and exposure action values, as well as vibration § 9 protection measures exposure limit values and exposure action values for vibration article 10 measures to prevent and reduce exposure to vibration section 5 training of employees; Advice from the Committee on operational safety section 11 training of workers article 12 advice from the Committee on operational safety section 13 (dropped out) § 14 (dropped out) section 6 exceptions, crimes and misdemeanors, transitional provisions article 15 exceptions section 16 offences and offences article 17 transitional provisions annex vibration section 1 scope and definitions article 1 scope of application (1) this Regulation shall apply to the protection of workers against actual or potential hazards to their health and safety by noise or vibration at work.
(2) this Regulation shall not apply in establishments that are subject to the Federal Mining Act.
(3) the Ministry of defence of the Federal Republic of Germany can for workers who are exposed to noise and vibrations or may be exposed, allow exceptions to the provisions of this regulation, as far as absolutely necessary for public interests, in particular for purposes of national defence or to fulfil international obligations. In this case, it is at the same time to set how the safety and health protection of workers can be guaranteed under this regulation in other ways.

Article 2 definitions (1) noise in the sense of this regulation is any sound which may lead to a hearing or an any other direct or indirect danger to safety and health of employees.
(2) the daily noise exposure level (L (low) EX, 8 h) time-weighted average of the noise exposure levels is based on an eight hour shift. It includes all sound events that occur in the workplace.
(3) the weekly noise exposure level (L (low) EX, 40 h) the daily noise exposure levels averaged over the time is based on a 40-hour week.
(4) the peak sound pressure level (L (low) pC, peak) is the maximum value of the instantaneous sound pressure level.
(5) vibrations are all mechanical vibrations which are transmitted by objects on the human body and can lead to a direct or indirect danger to safety and health of employees. These include in particular mechanical vibrations, which cause hazards to the health and safety of employees or when transmitted to the human hand-arm system can 1 (hand-arm vibrations), in particular bone or joint damage, vascular or neurological diseases, and mechanical vibrations, which cause hazards to the health and safety of employees or when transmitted to the whole body can 2 (whole-body vibrations), particularly back pain and trauma of the spine.
(6) the day vibration exposure value A(8) of the vibration exposure value averaged over the period referred to in point 1.1 of the annex referred to in point 2.1 of the annex for whole-body vibration and hand-arm vibration is based on an eight hour shift.
(7) the State of the art is the development stand of facilities, advanced procedures or modes of operation that secured makes the practical suitability of a measure to protect of the health and safety of employees. In determining the State of the art are especially comparable processes to attract facilities or modes of operation which have been tried with success in practice. The same applies to the requirements of the occupational medicine and occupational hygiene.
(8) workers are students and pupils, students, and other educational institutions make equal people are exposed in their activities of noise and vibration.
Section 2 determination and assessment of risk; Measurements § 3 risk assessment (1) when assessing the working conditions according to § 5 of the OSH Act has the employer initially to determine whether workers are exposed to noise or vibration, or may be exposed. This is the case, he has to assess all this rising risks for the health and safety of employees. To do this, he has to determine the common exposures in the workplace and evaluate. The employer may obtain the necessary information from the manufacturer or distributors of equipment or other without another available sources. Compliance with the trip and exposure limits can be determined not sure, he has to determine the extent of the exposure measurements according to § 4. According to the result of the risk assessment, the employer has protection measures according to the State of the art set.
(2) includes the risk assessment referred to in paragraph 1 in particular 1 in exposure of workers due to noise a) nature, degree and duration of exposure to noise, b) the action according to § 6, sentence 1 and the exposure values according to § 8 para 2, c) the availability of alternative resources and equipment, which lead to a lower exposure of workers (substitution test), d) findings from occupational health provisions, as well as generally accessible , published information, e) the temporal extension of professional exposure over an eight-hour shift, f) the availability and effectiveness of hearing protectors, g) impact on the health and safety of workers belonging to particularly vulnerable groups, and h) manufacturer regarding noise emissions and 2. exposure of workers through vibration a) nature, degree and duration of exposure to vibrations, including special working conditions, like for example activities at low temperatures , b) the exposure limit values and exposure action values according to § 9 para 1 and 2, c) the availability and the possibility of using alternative means of work and equipment, which lead to lower exposure of workers (substitution test), d) findings from occupational health provisions and generally accessible, published information, e) the temporal extension of professional exposure over an eight-hour shift, f) impact on the health and safety of workers , are the vulnerable groups, and g) manufacturer to vibration emissions.
(3) the risks associated with the exposure through noise or vibrations are to assess independently of one another and merge into the risk assessment. Any change or combination effects are taken into account in the risk assessment. This applies in particular to activities with simultaneous exposure to noise, work-related ototoxic substances or vibrations, insofar as this is technically feasible. There are also indirect impact on the health and safety of workers, for example resulting from interactions between noise and warning signals or other sounds, whose Wahrnehmung is required for the avoidance of hazards to take into account. Activities that require high concentration and attention, disturbing and negative influences as a result of exposure to noise or vibrations must be considered.

(4) the employer has to document the risk assessment regardless of the number of employees. The documentation must indicate what hazards in the workplace can occur and what measures to avert or minimize the risk of workers must be carried. The risk assessment is to update, if major changes of in working conditions make this necessary or if an update on the basis of the results of the occupational health care proves to be necessary.

§ 4 measurements (1) the employer has to ensure that measurements are performed according to the State of the art. Measurement methods and devices must be 1 adapted the existing workplace and exposure conditions; This concerns in particular the characteristics of the noise to be measured or the vibration to be measured, the duration of exposure and the environmental conditions, and 2. the measurement methods and equipment be suitable, to determine the respective physical sizes, and the decision to allow compliance which in sections 6 and 9 fixed trip and exposure limit values.
The performed measurements may include also a sample survey that is representative of the personal exposure of workers. The employer has at least 30 years in a form to preserve the documentation about the determined measurement results that allows a later inspection.
(2) measurements for determining the exposure to vibrations are in addition to the requirements referred to in paragraph 1 according to the numbers 1.2 and 2.2 of the annex to perform.

§ 5 technical qualification of the employer has to ensure that the risk assessment will be carried out by qualified personnel only. The employer has not even the knowledge, he has consulted learned to leave. Experts may be in particular the occupational physician and the specialist for occupational safety. The employer may hire only persons performing measurements which have the necessary expertise and the necessary equipment.
Section 3 action and protective measures at noise section 6 be the action in relation to the daily noise exposure levels and peak sound pressure level exposure action values for noise: 1. upper exposure action values: L (low) EX, 8 h = 85 dB (a) or L (low) pC, peak = 137 dB(C), 2 lower exposure action values: L (low) EX, 8 h = 80 dB(A) or L (low) pC, peak = 135 dB(C).
The insulating effect of personal hearing protection of employees is not taken into account when applying the exposure action values.

§ 7 has measures to prevent and reduce the exposure to noise (1) the employer according to § 3 para 1 sentence 6 after the State of the art which laid down protective measures, to prevent the exposure of workers or to reduce as far as possible. Following precedence should be noted: 1. the noise emission must be prevented at the source or reduced as far as possible. Technical measures take precedence over organisational measures.
2. the measures referred to in point 1 have priority before using ear protection according to § 8 (2) the measures referred to in paragraph 1 include in particular: 1 alternative procedures which reduce noise exposure of workers, 2. selection and use of new or existing work equipment in priority terms of noise reduction, 3. the noise-reducing design and setup of workplaces and jobs, 4. technical measures to reduce air sound , for example through screens or enclosures, and the body noise, structure-borne noise or benefits or work organisational body soundproofing, 5th maintenance programmes for work equipment, workplaces and equipment, 6 measures for noise reduction by limiting the duration and intensity of exposure and work schedules with adequate periods without harmful exposure.
(3) in relaxation rooms, noise exposure is to reduce as far as possible, taking into account its purpose and the conditions of their use.
(4) the employer has work areas, where one of the upper exposure action values for noise (LEX, 8 h, LpC, peak) can be exceeded to identify as noise areas and, if technically possible, to differentiate. In these areas people allowed only, if required by the work process and the employees use appropriate personal protective equipment; Paragraph 1 shall remain unaffected.
(5) one of the upper exposure action values are exceeded, has to elaborate a programme of technical and organisational measures to reduce the exposure to noise of employer and perform. This, in particular paragraphs 1 and 2 are taken into account.

§ 8 ear protection (1) the lower exposure action values are not respected no. 2 despite implementation of measures pursuant to § 6 sentence 1 pursuant to § 7 para 1, the employer has to provide appropriate personal hearing protection workers, which meets the requirements referred to in paragraph 2.
(2) the personal hearing protection is by the employer to be selected, that the danger of hearing is eliminated or reduced to a minimum by its application. While taking into account the attenuation of hearing protectors ensure are that on the hearing of workers applied noise the maximum permissible exposure values L (low) EX, = 8 h = 85 dB (a) or L (low) pC, peak 137 dB(C) does not exceed.
(3) achieved or the employer for this noise exposure in the workplace exceeds one of the upper exposure action values pursuant to § 6 sentence 1 No. 1, shall ensure that workers use as intended the personal hearing protection.
(4) the State of the selected individual hearing protectors can be checked at regular intervals. The employer thereby determines that the requirements of paragraph 2 sentence 2 not be respected, he has to determine the reasons for this non-compliance without delay and to take measures that are required for a lasting compliance with the requirements.
Section 4 exposure limit values and exposure action values as well as section 9 exposure limit values and exposure action values for vibration (1) for hand-arm vibration is vibration protection measures 1 the exposure limit value A(8) = 5 m/s (high) 2 and 2 the exposure A(8) = 2.5 m/s 2 (high).
The exposure of workers to hand-arm vibration is determined according to point 1 of the annex and evaluated.
(2) for whole-body vibration 1 is the limit of exposure value A(8) = 1.15 m/s (high) 2 in X - and Y-direction and 0.8 m/s = A(8) (high) 2 in the Z direction and 2 the exposure A(8) = 0.5 m/s (high) 2.
The exposure of employees to whole-body vibration is determined according to point 2 of the annex and evaluated.

§ Due to vibration (1) the employer has 10 measures for the prevention and reduction of exposure in § 3, para 1, sentence 6 after the State of the art making which laid down protective measures, to exclude the risk of workers or to reduce as far as possible. These vibrations at source must be prevented or reduced as far as possible. Technical measures for reducing vibrations take precedence over organisational measures.
(2) the provision of auxiliary equipment includes the measures referred to in paragraph 1 in particular 1 alternative procedures which reduce the exposure to vibration, 2. selection and use of new or existing equipment, which ergonomically designed and taking into account the perform activity cause low vibrations, such as vibration damped hand-held or hand-guided machinery, which reduce the vibration transmitted to the hand-arm area, 3. , which reduce the health hazard caused by vibration, such as seats, the whole-body vibrations effectively reduce 4 maintenance programmes for work equipment, jobs and facilities and roadways, 5. the designing and furnishing of workplaces and work stations, 6 the training of employees in order to ensure correct use and safe and low-vibration operation of work equipment, 7 the limitation of the duration and intensity of exposure, 8 exposure with adequate periods without onerous work schedules and 9 providing clothing for vulnerable workers to protect from cold and Wetness.
(3) the employer has, in particular by the measures referred to in paragraph 1, to ensure, that the exposure of the workers the exposure limit values no. 1 are not exceeded No. 1 and § 9 para 2 sentence 1 according to § 9 para 1 sentence 1. Be exceeded the exposure limit values despite the measures taken, the employer shall without delay to determine the reasons and to take further measures to reduce the exposure to below the exposure limit values and again exceeding of the limits to prevent.
(4) the action no. 2 exceed No. 2 or § 9 para 2 sentence 1 according to article 9, paragraph 1, sentence 1, the employer has to elaborate a programme of technical and organisational measures to reduce the exposure due to vibrations and perform. These are in particular the measures referred to in paragraph 2 shall be taken into account.
Section 5

Training of employees; Advice from the Committee on operational safety section 11 the lower exposure action values can training of employees (1) No. 2 exposure due to noise pursuant to § 6 sentence 1 or exposure due to vibrations which reached after § 9 para 1 sentence 1 No. 2 No. 2 or § 9 para 2 sentence 1 exposure action values or are exceeded, the employer ensures that affected workers will receive training , which is based on the results of the risk assessment and gives the information about the health risks associated with the exposure. She must be made prior to employment and thereafter at regular intervals, but whenever significant changes of stressful activity.
(2) the employer shall ensure that the training referred to in paragraph 1 in a language understandable form to the employees and contains at least the following information: 1. the nature of the risk, 2. the measures taken to eliminate or minimize the risks related to the workplace conditions, 3. the exposure limit values and exposure action values, 4. the results of the investigation into the exposure along with a explanation of their significance and the assessment of the possible risks associated and health consequences , 5. the proper use of personal protective equipment, 6 the conditions under which the employees are entitled to preventative, and whose purpose, 7 the proper use of work equipment and safe working practices to minimise exposure, 8 Notes to the detection and reporting of possible health damage.
(3) in order to identify health problems through noise or vibrations, the employer has to ensure that received a general occupational health advice from crossing the lower exposure action values for noise and the exposure action values are exceeded for vibration affected workers. The consultation is carried out with the participation of the physician referred to in section 7, paragraph 1, of the regulation on occupational health screening, if this should be necessary for health reasons. The occupational health advice can be done within the framework of the training referred to in paragraph 1.

§ 12 advice by the Committee on operational safety the Committee after § 24 of the operational safety regulation advises the Federal Ministry of labour and Social Affairs in matters of safety and health requirements for noise or vibration-related hazards. Article 24 par. 4 and 5 of the operational safety Ordinance shall apply accordingly.

§ 13 (dropped out) section § 14 (dropped out) - 6 exceptions, crimes and misdemeanors, transitional provisions article 15 on written request of the employer the sections 7 and 10 allow exceptions (1) that competent authority may exceptions from the rules, if the implementation of the provision in some cases would lead to an unreasonable hardness and the deviation with the protection of employees is compatible. These exceptions can be connected with incidental provisions which guarantee, taking into account the special circumstances, that the resulting risks are reduced to a minimum. These exceptions are not later than after four years to check; they are to pick up, if the circumstances that justified them, are no longer given. The application of the employer must contain information to 1 risk assessment including their documentation, 2nd nature, degree and duration of exposure determined, 3. the measurement results, 4. the State of the art with regard to the activities and work procedures as well as the technical, organizational, and personal protective measures, 5. solutions and a schedule, such as the exposure of employees can be reduced, to to comply with the exposure and exposure action values.
6. (dropped out) the exception may be requested pursuant to sentence 1 also in connection with administrative proceedings under other legislation.
(2) in special cases, the competent authority at the request of the employer may admit that for activities where the exposure to noise of a day's work on the other hand greatly varies, to assess the noise levels, which the workers are exposed, rather than of the day noise exposure level the weekly noise exposure level is used for the application of the action, provided that 1 the weekly noise exposure level the exposure value L (low) EX, 40 h = 85 dB (a) does not exceed and this is evidenced by a suitable measurement and 2. appropriate measures are taken , to reduce the risks associated with these activities to a minimum.

§ 16 felonies and misdemeanors (1) any person in the sense of § 25 para 1 No. 1 of the OSH Act is who intentionally or negligently any exposure to the extent referred to in paragraph 2 determined 1 contrary to section 3, subsection 1, sentence 2 and evaluated, a risk assessment does not document 2. contrary to section 3, subsection 4, sentence 1 or documentation contrary to section 3, subsection 4, sentence 2 does not make the information there referred , 3. contrary to § 4 para 1 sentence 1 in conjunction with sentence 2 does not ensure that the State of the art measurements, or does not save the measurement results contrary to § 4 paragraph 1 sentence 4, 4. contrary to paragraph 5 sentence 1 does not ensure that the risk assessment by qualified personnel is performed, or contrary to section 5, sentence 4, not the referred persons performing the measurements contracted , 5. contrary to section 7, paragraph 4, sentence 1 workspaces not features or delimits, 6 contrary to section 7, paragraph 5, sentence 1 not carries out a programme of technical and organisational measures to reduce the exposure to noise, 7 contrary to § 8 para 1 in conjunction with § 2 is mentioned there ear protection not available, 8 violates article 8 par. 3 not worry wearing that employees intended use referred ear protection , 9 contrary to section 10 subsection 3 sentence 1 not provides that in § 9 para 1 sentence 1 No. 1 or § 9 para 2 sentence 1 No. 1 called exposure limits are not exceeded, a programme of technical and organisational measures to reduce the exposure due to vibrations not performing 10 contrary to section 10, paragraph 4, sentence 1 or does not ensure 11 contrary to section 11, paragraph 1, , that workers receive training, based on the results of the risk assessment and that contains information referred in article 11, paragraph 2.
12 ((fallen away) 13 (dropped out) 2) who through a deliberate act referred to in paragraph 1 the life or health of workers vulnerable is pursuant to section 26 No. 2 of the occupational safety and health act punishable by law.

Article 17 transitional provisions (1) the range of the music and entertainment industry is to apply this regulation only from February 15, 2008.
(2) for defense material of the Bundeswehr, which for the first time was commissioned prior to July 1, 2007, shall apply until July 1, 2011 by way of derogation from section 9 para 2 No. 1 for whole-body vibration in the Z direction an exposure limit value of A(8) = 1.15 m/s (high) 2 (3) by way of derogation from § 9 para 2 No. 1 may until 31 December 2011 for activities with machinery and construction equipment , which before the year 1997 have been manufactured and using them in spite of all eligible measures under this regulation compliance with the exposure limit value for whole-body vibration according to § 9 para 2, no. 1 is not possible, in not more than 30 days in the year the exposure limit value for whole-body vibration in Z-direction by A(8) = 0.8 m/s (high) 2 by no more than 1,15 m/s (high) 2 be exceeded.

Annex vibrations 1 hand-arm vibration 1.1 discovery and exposure assessment the assessment of the extent of exposure to hand-arm vibration is carried out after the State of the art on the basis of the calculation of the daily exposure value normalised to a reference period of eight hours A(8); This is expressed as the square root of the sum of the squares (total value) of the RMS values of the frequency-weighted acceleration in the three orthogonal directions a hwx (deep), a (deep) hwy hwz a (deep).
The assessment of the extent of the exposure can be made by means of an estimate based on the manufacturer's specifications to the extent of the vibration caused by the work equipment and by means of observation of specific working methods or by measurement.
1.2 measurement In the case of measurements in accordance with § 4 para 2 a) sampling procedure can be used if they are representative for the questionable vibrations, which is subject to the individual employee. the procedures used and devices must be adapted where the characteristics of the vibration to be measured, the environmental factors and the technical characteristics of the instrument;
(b) to equipment which must be kept Ambidextrous, or, the measurements on each hand are to carry out. The exposure is determined by reference to the higher of the two values; the value for the other hand is also specified.
1.3 interference section 3 para 3 sentence 2 is especially taken into consideration when vibrations are disruptive affect on the proper handling of controls or reading of ads.
1.4 indirect hazard section 3 para 3 sentence 2 is especially taken into consideration when vibrations are an adverse affect on the stability of structures or the strength of connections.
1.5

Personal protective equipment personal protective equipment against hand-arm vibration can be part of the programme of measures pursuant to § 10 para 4.
2. whole-body vibration 2.1 exposure assessment the assessment of the extent of exposure to whole-body vibration occurs after the State of the art on the basis of the calculation of the day A(8); vibration exposure value normalised to a reference period of eight hours This is calculated from the corrected RMS value of the frequency-weighted acceleration 1.4 awx, 1.4 awy or awz of the three to each other orthogonal axes x, y, or z, in the period leading to the values or the exposure limit is exceeded, is at its lowest.
The assessment of the extent of the exposure can be made by means of an estimate based on the manufacturer's specifications to the extent of the vibration caused by the work equipment and by means of observation of specific working methods or by measurement.
2.2 measurement In the case of measurements in accordance with § 4 paragraph 2 can be used sampling procedures if they are representative for the respective vibrations, which is subject to the individual employee. The procedures used must be adapted to the specific characteristics of the vibration to be measured, the environmental factors and the technical characteristics of the instrument.
2.3 interference section 3 para 3 sentence 2 is especially taken into consideration when vibrations are disruptive affect on the proper handling of controls or reading of ads.
2.4 indirect threats § 3 para 3 sentence 2 is especially taken into consideration when vibrations are an adverse affect on the stability of structures or the strength of connections.
2.5 extensions of exposure if the extension of professional exposure over an eight-hour shift, causes that employees by the employer using controlled relaxation rooms, must be reduced in these the whole-body vibration on a level compatible with the purpose and the conditions of use of the rooms. Cases of force majeure are excluded.

Related Laws