Royal Decree 1311/2005 of 4 November 2005 on the protection of the health and safety of workers from risks arising from exposure to mechanical vibration was transposed into the Spanish law of Directive 2002/44/EC of the European Parliament and of the Council of 25 June 2002 on the minimum health and safety requirements concerning the exposure of workers to the risks arising from physical agents (vibrations), and was published in the Official Gazette of the State on 5 November 2005.

The Directive, applicable to activities in which workers are or may be exposed to risks arising from mechanical vibration as a result of their work, provided for in Article 3 the limit values for exposure and exposure values that give rise to an action, both for the vibration transmitted to the hand-arm system, and for the vibration transmitted to the entire body. Article 5.3 further specified that 'workers must not in any case be exposed to values higher than the exposure limit value', adding that ' if, in spite of the measures taken by the employer in application of the the exposure limit value shall be exceeded, the employer shall immediately take measures to reduce exposure to levels below that limit value. It shall also determine the causes for which the exposure limit value has been exceeded and shall amend the protection and prevention measures accordingly, in order to prevent it from being exceeded. "

But the same directive provided for a transitional period with regard to compliance with the provisions of Article 5 (3), based on the recognition that certain equipment does not allow the limit values to be respected. This is mainly due to technological difficulties. Thus, in Article 9, it specified that ' with regard to the application of the obligations laid down in Article 5 (3), Member States shall, after consulting the social partners in accordance with the legislation or the uses, national, may have a transitional period of up to five years from 6 July 2005 when work equipment which has been made available to workers before 6 July 2007 is used and which do not allow for compliance with the requirements laid down in this Directive; the limit values for exposure, taking into account the latest developments in the technique and/or the implementation of the organizational measures. For equipment used in the agricultural and forestry sectors, Member States may extend the maximum transitional period up to four years. "

In turn, the Royal Decree 1311/2005 establishes in its article 3 the limit values of exposure and the values of exposure that give rise to an action, both for the vibration transmitted to the system-arm system, and for the vibration transmitted to the whole body, in accordance with those laid down by the Directive. In addition, Article 5.3 of the royal decree specifies, in the same way as the directive, that workers must in no case be exposed to values higher than the exposure limit value. If the exposure limit value is exceeded, in spite of the measures taken by the employer, the employer must take appropriate measures to reduce the exposure to levels below that limit value by determining the causes of the exposure. they have resulted in that improvement and by amending the prevention and protection measures in such a way as to avoid such exceedances.

In determining the transitional periods, the Spanish transposition standard opted not to initially exhaust the deadlines set by the Directive. In fact, at the time of the transposition, both during the preparatory work of the Spanish standard in which reports were received on this issue by the various ministerial departments with powers in the At the same time, the Spanish legislation on transposition was agreed not to cover the whole transitional period offered by the Directive for the implementation of Article 5.3, as subsequently during the consultation phase of the social partners. However, in order not to lose the option of the transitional periods which the directive grants, given the possibility that in the periods established by the royal decree the advances of the technique and the measures of organization would continue without Allow the respect of the limit values, the royal decree established that the Government, in the light of the studies carried out by the National Institute of Safety and Hygiene at Work, and after consulting the trade union and business organizations more representative, would proceed to the modification of the royal decree determining the date of application of the obligations laid down in Article 5 (3), in order to extend the time limits to those permitted by the Directive.

Well, the deadline laid down in the single transitional provision and the technical studies prepared by the National Institute for Safety and Hygiene at Work, as well as the considerations made by the Ministerial departments affected, it is concluded that not all the work equipment made available to the workers of our country before July 6, 2007, are in a position to allow the application of the provisions in the real a decree on the limit values, which requires the extension of the time limits referred to in the paragraph first of the transient disposition.

In the elaboration of this royal decree, the most representative business and trade union organizations have been consulted and the National Commission on Safety and Health at Work has been heard.

In its virtue, on the proposal of the Ministers of Labor and Immigration and of Health and Consumer Affairs, with the prior approval of the Minister of Public Administrations, in agreement with the Council of State and after deliberation of the Council of Ministers at their meeting on 13 March 2009,

D I S P O N G O:

Single item. Amendment of Royal Decree 1311/2005 of 4 November 2005 on the protection of the health and safety of workers from risks arising from exposure to mechanical vibration.

The single transitional provision of Royal Decree 1311/2005 of 4 November 2005 on the protection of the health and safety of workers from risks arising from or arising from exposure to vibration mechanical, it is worded as follows:

" Single transient provision. Transitional rules.

When working equipment made available to workers before 6 July 2007 and which do not allow the exposure limit values to be respected in the light of the latest developments in the technical and/or the implementation of organisational measures, the obligations laid down in Article 5.3 shall not apply, in accordance with Article 9 of Directive 2002/44/EC, of the European Parliament and of the Council of 25 June 2002 on the minimum safety and health requirements regarding the exposure of workers to the risks arising from the use of the physical agents (vibrations) until 6 July 2010 and, in the case of equipment used in the agricultural and forestry sectors, until 6 July 2012.

The National Institute of Safety and Hygiene at Work, as a scientific-technical organ specialized in the General Administration of the State, in the exercise of its role of research, study and dissemination in the field of Prevention of occupational risks in accordance with Article 8 of Law 31/1995 of 8 November, on the prevention of occupational risks, must be carried out before 31 December 2011, specialised technical studies in the field of vibration (a) mechanical engineering in the agricultural and forestry sectors, taking into account the state of the art and the experience gained in other States.

In view of such studies, the Government, after consulting the most representative trade union and business organizations, will proceed to the modification of this Royal Decree to determine the final date of application of the obligations provided for in Article 5.3 in the agricultural and forestry sectors, and may extend the time limits referred to in the first subparagraph of this transitional provision in the terms of Article 9 of Directive 2002 /44/EC for those sectors, of the European Parliament and of the Council of 25 June 2002 on the minimum requirements for safety and health related to the exposure of workers to the risks arising from physical agents (vibration) ".

Single repeal provision. Scope of regulatory repeal.

All provisions of equal or lower rank are repealed to be opposed to the provisions of this royal decree.

Final disposition first. Competence title.

This royal decree is dictated by the provisions of article 149.71st of the Spanish Constitution, which attributes the State to exclusive competence in matters of labor law.

Final disposition second. Regulatory enablement.

The Ministers of Labor and Immigration and Health and Consumer Affairs, in the field of their respective competences and prior to the report of the National Commission on Safety and Health at Work, are hereby authorized to issue necessary for the application of the provisions of this royal decree.

Final disposition third. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, on March 13, 2009.

JOHN CARLOS R.

The First Vice President of the Government and Minister of the Presidency,

MARIA TERESA FERNANDEZ DE LA VEGA SANZ