Royal Decree 1311 / 2005 Of 4 November, On The Protection Of The Health And Safety Of Workers Against The Risks Arising Or Which May Arise From Exposure To Mechanical Vibration.

Original Language Title: Real Decreto 1311/2005, de 4 de noviembre, sobre la protección de la salud y la seguridad de los trabajadores frente a los riesgos derivados o que puedan derivarse de la exposición a vibraciones mecánicas.

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Law 31/1995 of 8 November, de Prevención de Riesgos Laborales, determines the basic body of guarantees and responsibilities necessary to establish an adequate level of protection of the health of workers against the risks arising from the conditions of work, within the framework of a coherent, coordinated and effective policy.

According to article 6 of the law, the regulations are which must go specifying the more technical aspects of preventive measures and establish the minimum measures to be taken for the proper protection of the workers. Among such measures are those aimed at ensuring the protection of workers against the risks arising from exposure to mechanical vibrations.

Also, the safety and health of workers have been subject to various conventions of the International Labour Organization ratified by Spain and who, therefore, part of our legal system. Stands out for its general character, the Convention number 155, on June 22, 1981, on safety and health of workers and environment of work, ratified by Spain on 26 July 1985.

In the field of the European Union, article 137 of the Treaty establishing the European Community establishes as objective the improvement, in particular of the working environment, to protect the health and safety of workers. With this legal basis, the European Union has been giving in recent years of a highly advanced regulatory body that is aimed to guarantee a better level of protection of the health and safety of workers.

This regulatory body is composed of various directives. In the field of the protection of workers from the risks related to exposure to mechanical vibration Directive 2002/44/EC, of the European Parliament and of the Council of 25 June 2002 on the minimum safety and health regarding the exposure of workers to the risks arising from physical agents (vibration) has been adopted. By this Royal Decree is the transposition into Spanish law of the content of this directive.

The Royal Decree consists of eight articles, an additional provision, a transitional provision, repeal provision, two final provisions and an annex. The standard determines in its articles the object and scope of application referred to the activities in which workers are or may be exposed to risks from mechanical vibration as a result of their work; It includes what, for the purposes of this Royal Decree, must be understood by vibration transmitted to the system vibration and vibration transmitted to the whole body; Specifies the values limit of daily exposure and the values of daily exposure that give rise to an action, both for the vibration transmitted to the hand-arm system for whole-body vibration, as well as the possibility, that the directive also grants, made of circumstances and the procedure to be followed for this purpose; It provides different specifications concerning the determination and assessment of risks, and establishes, first, the obligation that the employer carry out an assessment of the levels of mechanical vibration to which workers are exposed, including, if necessary, a measurement; It regulates the provisions aimed to prevent or reduce exposure, so the risks arising from exposure to mechanical vibrations are eliminated at their source or to reduce to the lowest possible level.

It also includes the obligation that the entrepreneur set and execute a program of technical measures and/or organization, as well as a list of factors that should especially be taken into consideration; Specifies that workers should not be exposed in any case to values higher than the exposure limit value and introduces the exception granted by the directive, so that certain provisions will not apply in the sectors of maritime and air navigation with respect to the vibrations transmitted to the whole body under certain conditions and with a number of additional safeguards; It collects two basic rights in prevention, such as the need for employee training and information to these, as well as the form of workers exercising their right to be consulted and to participate in aspects of prevention; provisions relating to the monitoring of the health of workers in relation to the risks are set by exposure to mechanical vibration, bearing in mind that its objective is the prevention and early diagnosis of any harm to health as a result of exposure to mechanical vibration and that the results of the monitoring shall be taken into account to apply preventive measures in a particular workplace.

The directive itself recognizes that certain teams do not allow respect values exposure limit, mainly due to technological difficulties. As a result, the Royal Decree has opted for maintaining transitional periods which, however, does not deplete initially deadlines laid down by the directive. At the same time, the Royal Decree mandates the National Institute of safety and hygiene at work perform studies specialized in the field of mechanical vibrations, taking into account the State of technology and experience gained in other States. Not to lose the option of transitional periods which the directive grants, the rule establishes that the Government, in the light of the studies carried out by the National Institute of safety and hygiene at work and after consultation with the most representative trade unions and business organizations, will proceed to modifying the Royal Decree to determine the final date of implementation of the obligations laid down in article 5(3) , for what may extend the time limits to those allowed by the directive.

The sole additional provision includes a provision that it is essential to comply with the provisions of the directive. Indeed, so that the Ministry of labour and Social Affairs has relevant information enabling it to justify exceptions applied in our country, and it may refer to the Commission the information required by the directive, the competent labour authorities must send every four years from the entry into force of this Royal Decree the Ministry of labour and Social Affairs the list of exceptions that apply in their respective territories indicating the circumstances and specific reasons which underlie these exceptions.

In the elaboration of this Royal Decree have been consulted organizations business and trade union representative and heard the National Commission of safety and health at work.

By virtue, on the proposal of the Minister of labour and Social Affairs, in accordance with the Council of State and after deliberation by the Council of Ministers at its meeting of November 4, 2005, D I S P O N G O: article 1. Object and scope of application.

1. this Royal Decree is intended, within the framework of law 31/1995 of 8 November, on occupational risk prevention, establish minimum requirements for the protection of workers against risks to their health and safety arising or that may arise from exposure to mechanical vibration.

2. the provisions of this Royal Decree shall apply to activities in which workers are or may be exposed to risks from mechanical vibration resulting from their work.

3. the provisions of Royal Decree 39/1997 of 17 January, by which the regulations of prevention services approved, apply in full to the whole of the field referred to in paragraph 1, without prejudice to more specific provisions laid down in this Decree.

Article 2. Definitions.

For the purposes of this Royal Decree, means: to) vibration transmitted to the hand-arm system: the mechanical vibration that, when transmitted to the human hand-arm, system involves risks for the health and safety of workers, in particular, vascular, bone or joint, nerve or muscle problems.

(b) transmitted to the whole body vibration: the mechanical vibration that, when transmitted to the whole body, entails risks to the health and safety of workers, in particular, back pain and spinal injuries.

Article 3. Limits of exposure and exposure values that give rise to an action.

1 for vibration transmitted to the hand-arm system: to) the value limit of daily exposure standard for an eight-hour reference period is fixed at 5 m/s2.

(b) the daily exposure value normalised to a reference period of eight hours that gives rise to an action be set at 2.5 m/s2.

The worker exposure to vibration transmitted to the hand-arm vibration shall be assessed or measured according to the provisions of paragraph A.1 of the annex.

2 for whole-body vibration: to) daily exposure limit standard for an eight-hour reference period value is set at 1.15 m/s2.

(b) the daily exposure value normalised to a reference period of eight hours that gives rise to an action be set at 0.5 m/s2.

The worker exposure to whole-body vibration shall be assessed or measured according to the provisions of paragraph B.1 of the annex.
3 when the exposure of workers to the mechanical vibrations is routinely less than daily exposure values set out in paragraph 1.b) and in paragraph 2.b), but varies substantially from a work period to the next and may occasionally exceed the value corresponding limit, the calculation of the average value of exposure to vibration can be done on the basis of a reference period of 40 hours , instead of eight hours, always that can be justified that the risks resulting from the regime of exposure to which the worker is subjected are lower than those that would result from exposure to the daily exposure limit value.

This circumstance should be reasoning by the entrepreneur, be previously consulted with workers and/or their representatives, consist of informing in the evaluation of occupational hazards and communicate to the labour authorities by sending to this part of the assessment of risks is justified where the exception so that it can see the motivating conditions for the use of this procedure are given.

Article 4. Determination and assessment of risks.

1. the employer shall carry out an evaluation and, if necessary, measure the levels of mechanical vibration to which workers, in the framework of the provisions of article 16 of law 31/1995 of 8 November, and in section 1 of chapter II of the regulation of prevention services, approved by the Royal Decree 39/1997 are exposed , 17 January. The measurement must be performed in accordance with paragraph A.2 or section B.2 of the annex, as appropriate.

2. in order to evaluate the level of exposure to mechanical vibration, you can resort to the observation of specific working methods and refer to information proper on the likely magnitude of vibration equipment or type of equipment used in the particular conditions of use, including information provided by the manufacturer. This operation differs from the measurement, which requires the use of specific devices and an appropriate methodology.

The employer must demonstrate, where appropriate, that the nature and extent of the risks related to mechanical vibration make a more detailed assessment of these unnecessary.

3. the assessment and measurement referred to in paragraph 1 will be scheduled and carried out at intervals established in accordance with article 6.2 of the regulation of prevention services, approved by Royal Decree 39/1997, of 17 January, and will be carried out by personnel who have the higher qualifications in occupational specialty of industrial hygiene pursuant to articles 36 and 37 of this regulation and in its chapter III, in terms of the Organization's resources for the development of preventive activities.

The risk assessment should be updated and will be revised as described in article 6.1 of the prevention services regulation, approved by Royal Decree 39/1997 of 17 January.

Data assessment and/or measurement of the level of exposure to mechanical vibration shall be kept in such a way as to your subsequent inquiry. Assessment documentation shall comply with the provisions in article 23 of Act 31/1995 of 8 November, and article 7 of the regulation of prevention services, approved by Royal Decree 39/1997 of 17 January.

4 in accordance with the provisions of articles 15 and 16 of the Act 31/1995 of 8 November, entrepreneur, assess risks, will give particular attention to the following aspects: to) the level, type and duration of exposure, including any exposure to intermittent vibration or repeated shocks.

(b) the exposure limit values and the exposure values that give rise to an action referred to in article 3.

(c) all purposes pertaining to the health and safety of workers exposed to the risk particularly sensitive, including pregnant women.

(d) all the indirect effects for the safety of workers arising from the interaction between mechanical vibration and the workplace or other work equipment.

(e) the information provided by the manufacturers of work equipment pursuant to the provisions of the rules and regulations governing safety in the marketing of such equipment.

(f) the existence of replacement equipment designed to reduce the levels of exposure to mechanical vibration.

(g) the extension of exposure to vibration transmitted to the whole body after hours of work, under the employer's responsibility.

(h) specific working conditions, such as working at low temperatures.

(i) the appropriate information derived from the surveillance of the health of workers, including scientific and technical information published, insofar as possible.

5. depending on the results of the evaluation, entrepreneur shall determine the measures to be taken pursuant to articles 5 and 6 of this Royal Decree, and schedule its execution in accordance with section 2 of chapter II of the regulation of prevention services, approved by Royal Decree 39/1997 of 17 January.

Article 5. Provisions to avoid or reduce exposure.

1 taking into account technical progress and the availability of risk control measures at source, the risks arising from exposure to mechanical vibration shall be eliminated at their source or reduced to the lowest possible level.

The reduction of such risks shall be based on the preventive action principles laid down in article 15 of law 31/1995 of 8 November.

(2 on the basis of the risk assessment referred to in article 4, when you exceed values set out in paragraph 1.b) and in paragraph 2.b) article 3, the employer shall establish and a technical measures and/or organizational program designed to reduce to a minimum exposure to mechanical vibration and the risks that arise from this (, taking into consideration, especially: to) other working methods that reduce the need for exposure to mechanical vibrations.

(b) the choice of the team right, well designed from the point of view ergonomic and generator of the lowest possible level of vibrations, taking account of the work to which it is intended.

(c) the provision of auxiliary equipment that reduces the risk of injuries by vibration, for example, seats, cushions or other systems that effectively attenuate the vibrations transmitted to the whole body and handles, handles or covers which reduce the vibration transmitted to the hand-arm system.

(d) appropriate programs of maintenance of the equipment of work, place of work and workplaces.

(e) the design and layout of workplaces and jobs.

(f) information and training employees on the proper use and safe work equipment, to reduce to a minimum exposure to mechanical vibration.

(g) limitation of the duration and intensity of exposure.

(h) appropriate management of working time.

(i) the implementation of measures necessary to protect from the cold and moisture exposed workers, including the provision of clothing.

3. workers should not be exposed in any case to values higher than the exposure limit value. If, despite the measures taken by the employer pursuant to the provisions of this Royal Decree, the exposure limit value is exceeded, the employer shall take immediate steps to reduce exposure to levels below the limit value. Also, determine the causes that exceeded the value exposure limit and shall amend, accordingly, measures of protection and prevention, to avoid that you again exceeded.

4. the provisions of the preceding paragraph shall not apply in the sectors of maritime and air navigation with respect to the vibrations transmitted to the whole body, where, taking into account the current state of the art and the specific characteristics of the workplace, not possible to respect the value exposure limit despite the implementation of technical measures and/or organization.

The use of this exception may only be in duly justified circumstances and with respect for the General principles of the protection of the health and safety of workers. To do this the employer must have conditions which guarantee, taking into account the particular circumstances, the reduction to a minimum of risks arising from them, and always be offering affected workers health surveillance reinforcement specified in the last paragraph of article 8.1.

The use of this exception should be reasoning by the entrepreneur, be previously consulted with workers and/or their representatives, stated explicitly in the evaluation of occupational hazards and communicate to the labour authorities by sending to this part of the assessment of risks is justified where the exception, so that this can see that stimulating the use of the exception conditions occur.

5. in accordance with the provisions of article 25 of the law 31/1995 of 8 November, entrepreneur will adapt the measures referred to in this article to the needs of workers particularly sensitive to certain risks.

Article 6. Information and training of workers.
In accordance with the provisions in articles 18.1 and 19 of law 31/1995 of 8 November, the employer shall ensure that workers exposed to risks from mechanical vibration at work and/or their representatives receive information and training relating to the outcome of the risk assessment provided for in article 4.1 of this Royal Decree (, in particular envelope: a) the measures taken in application of this Royal Decree to eliminate or reduce to a minimum the risks from mechanical vibration.

(b) the exposure limit values and the exposure values that give rise to an action.

(c) the results of the assessment and measurement of mechanical vibration carried out in application of article 4 and the damage to health which could lead to the team used.

(d) whether and how to detect and report signs of damage to health.

(e) the circumstances in which workers are entitled to health surveillance.

(f) safe work practices, to reduce to a minimum exposure to mechanical vibration.

Article 7. Consultation and participation of workers.

Consultation and participation of workers on the matters referred to in Royal Decree will be made in accordance with the provisions in article 18.2 and in chapter V of the law 31/1995 of 8 November.

Article 8. Health surveillance.

1 when the risk assessment provided for in article 4.1 revealed the existence of a risk to the health of workers, the employer should carry out surveillance of the health of workers, in accordance with the provisions in this article, article 22 of the law 31/1995 of 8 November, and article 37.3 of the prevention services regulation approved by Royal Decree 39/1997 of 17 January.

The health surveillance, whose results shall be taken into account to implement preventive measures in a concrete workplace, will aim the prevention and early diagnosis of any harm to health as a result of exposure to mechanical vibration. Such monitoring will be appropriate when: a) the exposure of workers to vibration is such that it can establish a relationship between the exposure and a specific disease or a harmful effect on health.

(b) is likely to contract the disease or suffer the adverse effect in the concrete conditions of the worker.

(c) there are proven techniques to detect the harmful effect on health or disease.

In any case, any worker exposed to levels of mechanical vibrations exceeding the values set out in paragraph 1.b) and in paragraph 2.b) article 3 shall have the right to appropriate health surveillance.

In those cases listed in article 3(3) and article 5.4, that can not guarantee the respect of the exposure limit value, workers are entitled to a health monitoring reinforced, which may include an increase in their frequency.

2. the health surveillance will include the development and updating of the clinico-laboral history of the workers subject to it pursuant to the provisions of paragraph 1. Access, confidentiality, and content of these stories will be adjusted to the provisions of paragraphs 2, 3 and 4 of article 22 of the law 31/1995 of 8 November, and article 37.3. c) prevention services regulation, approved by Royal Decree 39/1997 of 17 January. The worker will have access, on request, to the history that affects you personally.

3 when the health surveillance showed that a worker suffers a disease or diagnosable condition which, in the opinion of the doctor responsible for the health surveillance, may result, in whole or in part, of exposure to mechanical vibration at work: to) doctor will inform worker of the result which relates to him personally; in particular, it will inform you and will advise on the health surveillance which should be at the end of the exhibition.

(b) the employer shall receive information derived from the health surveillance, in accordance with article 22 of law 31/1995 of 8 November.

(c) for its part, the employer shall: 1 review the risk assessment carried out pursuant to article 4.

2. review the measures provided for to eliminate or reduce risks pursuant to article 5.

3rd take into account the recommendations of the doctor responsible for the health surveillance by applying any other measure deemed necessary to eliminate or reduce risks pursuant to article 5, including the possibility of assigning the worker another job where there is no risk of exposure.

4th have a control of the health of the worker concerned and the consideration of the State of health of other workers who have suffered a similar exhibition. In such cases, the doctor responsible for the health surveillance may propose that exposed persons undergo a medical examination.

Sole additional provision. Information from the labour authorities.

In order to comply with the provisions of article 10.4 of the Directive 2002/44/EC, of the European Parliament and of the Council of 25 June 2002 on the minimum safety and health regarding the exposure of workers to risks arising from physical agents (vibration), to the competent labour authority shall send every four years from the entry into force of this Royal Decree the Ministry of labour and Social Affairs the list of exceptions that apply by virtue of the provisions of articles 3.3 and 5.4, in their respective territories indicating the circumstances and specific reasons which underlie these exceptions.

Sole transitional provision. Transitional rules.

When using teams jobs available to workers before 6 July 2007 and not allow respect exposure limit values taking into account the latest technology and/or the implementation of organizational measures, the obligations laid down in article 5(3) shall not apply until the 6 of July 2008 and in the particular case of the equipment used in forestry, and agricultural sectors by July 6, 2011.

The National Institute of safety and hygiene at work, such as specialized scientific and technical body of the General Administration of the State, in the exercise of its function of research, study and dissemination in the field of prevention of occupational hazards in accordance with article 8 of the law 31/1995 of 8 November, de Prevención de riesgos laborales, must be done before December 31, 2007 technical studies specialized in the field of mechanical vibrations taking into account the State of technology and the experience gained in other States.

In view of such studies, the Government, after consultation with the most representative trade unions and business organizations, will proceed to the modification of this Royal Decree to determine the final date of implementation of the obligations laid down in article 5(3), and may extend the time limits referred to in paragraph first of this transitional provision in the terms of article 9 of Directive 2002/44/EC the European Parliament and Council of 25 June 2002 on the minimum requirements for safety and health regarding the exposure of workers to the risks arising from physical agents (vibration).

Sole repeal provision. Scope of the regulations repeal.

Many provisions of equal or lower rank is contrary to the provisions of this Royal Decree are repealed.

First final provision. Drawing up and updating of the technical guide.

The National Institute of safety and hygiene at work, in accordance with article 5(3) of the regulation of prevention services, approved by Royal Decree 39/1997, of 17 January, shall draw up and keep up-to-date a technical guide of non-binding, for the evaluation and prevention of risks arising from exposure to mechanical vibration.

Second final provision. Faculty of development.

Authorizes the Minister of labour and Social Affairs, report of the National Commission on safety and health at work, to dictate how many provisions necessary for the implementation and development of this Royal Decree, as well as to incorporate the annex adaptations of a strictly technical nature adopted by the Commission in accordance with the provisions of articles 11 and 12 of the Directive 2002/44/CE.

Given in Madrid, on November 4, 2005.

JUAN CARLOS R.

The Minister of labour and Social Affairs JESUS CALDERA SANCHEZ-CAPITAN annex A. vibration transmitted to the hand-arm vibration 1. Exposure assessment-evaluation of the level of exposure to vibration transmitted to the hand-arm vibration is based on the calculation of daily exposure value, normalized to a reference period of eight hours, (8), expressed as the square root of the sum of the squares (total value) of effective frequency weighted acceleration values, determined according to the orthogonal axes ahwx ahwy and ahwz, as defined in chapters 4 and 5 and the annex of the standard UNE-EN ISO 5349-1 (2002).

The evaluation of the level of exposure can be performed using an estimate based on information concerning the level of emission from the work equipment used, provided by the manufacturers of such materials and through the observation of specific work practices or by measurement.
2 measurement-when appropriate to the measurement, in accordance with article 4.1: to) methods may involve sampling, which must be representative of the exposure of the worker to the mechanical vibration in question; methods and apparatus used must be adapted to the specific characteristics of the mechanical vibration to be measured, environmental factors and the characteristics of the measuring devices, according to the norm UNE-EN ISO 5349-2 (2002).

(b) when in the case of devices that must be held with both hands, measurements must be made on each hand. Exposure is determined by reference to the highest value; It will also give information on the other hand.

(3 interference.-the provisions of article 4.4. d) shall apply, in particular, when mechanical vibrations hinder proper handling of controls or indicators devices good reading.

(4. indirect risks.-the provisions of article 4.4. d) shall apply, in particular when the mechanical vibrations may impair the stability of structures or the condition of the connecting elements.

5. personal protective equipment-equipment for individual protection against vibration transmitted to the hand-arm vibration may contribute to the programme of measures referred to in article 5(2).

B. vibration transmitted to the whole body 1. Exposure assessment-evaluation of the level of exposure to vibration is based on the calculation of daily exposure (8) expressed as equivalent continuous acceleration for an eight-hour period, calculated as the greater of the effective values of the weighted accelerations on frequency determined in accordance with the three orthogonal axes (1, 4awx, 1, 4awy, awz for a worker seated or standing) , in accordance with chapters 5, 6 and 7, annex A and Annex B of the standard ISO 2631-1 (1997).

The evaluation of the level of exposure can be performed using an estimate based on information concerning the level of emission from the work equipment used, provided by the manufacturers of such materials and through the observation of specific work practices or by measurement.

In the sector of maritime navigation may be taken into account only for the evaluation of exposures, the vibrations of frequency higher than 1 Hz.

2 measurement-where appropriate to the measurement, in accordance with article 4.1, the methods used may involve sampling, which must be representative of the exposure of the worker to the mechanical vibration in question. The methods used should be tailored to the specific characteristics of the mechanical vibration to be measured, environmental factors and the characteristics of the measuring devices.

(3 interference.-the provisions of article 4.4. d) shall apply, in particular, when mechanical vibrations hinder proper handling of controls or indicators devices good reading.

(4. indirect risks.-the provisions of article 4.4. d) shall apply, in particular when the mechanical vibrations may impair the stability of structures or the condition of the connecting elements.

(5 extension of exposure.-the provisions of article 4.4. g) will apply, in particular, when the nature of the activity involves the use by workers of local rest under the employer's responsibility; except in cases of force majeure, the exposure of the whole body vibration in these premises should be reduced to a level consistent with the functions and conditions of use of these premises.

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