Key Benefits:
Law 31/1995, of 8 November, on the Prevention of Occupational Risks, determines the basic body of guarantees and precise responsibilities to establish an adequate level of protection of the health of workers against the risks arising from working conditions, in the framework of a coherent, coordinated and effective policy.
According to Article 6 of the Law, it is the regulatory norms that must go through the most technical aspects of preventive measures and establish the minimum measures to be taken for the proper protection of the workers. Such measures include those intended to ensure the protection of workers from the risks arising from exposure to mechanical vibration.
Likewise, the safety and health of workers have been the subject of various International Labor Organization conventions ratified by Spain, which are therefore part of our legal system. It stresses, as a general rule, the Convention No. 155 of 22 June 1981 on the safety and health of workers and the working environment, ratified by Spain on 26 July 1985.
At the level of the European Union, Article 137 of the Treaty establishing the European Community provides for the improvement, in particular, of the working environment, in order to protect the health and safety of workers. With this legal basis, the European Union has in recent years been providing a highly advanced regulatory body to ensure a better level of protection of the health and safety of workers.
This regulatory body is made up of several specific directives. Directive 2002/44/EC of the European Parliament and of the Council of 25 June 2002 on the provisions of Directive 2002/44/EC of the European Parliament and of the Council of 25 June 2002 on the protection of workers against risks related to exposure to mechanical vibration minimum safety and health requirements regarding the exposure of workers to the risks arising from physical agents (vibration). This Royal Decree provides for the transposition into Spanish law of the content of this directive.
The Royal Decree consists of eight articles, an additional provision, a transitional provision, a derogation provision, two final provisions and an annex. The rule determines in its articles the subject matter and scope of the activities in which the workers are or may be exposed to risks arising from mechanical vibration as a result of their work; it includes what, the effects of the Royal Decree, it must be understood by vibration transmitted to the hand-arm system and vibration transmitted to the entire body; it specifies the limit values of daily exposure and the daily exposure values that give rise to an action, both for vibration transmitted to the hand-arm system as for the vibration transmitted to the body as well as the possibility, which the directive also gives, to derogating from certain circumstances and the procedure to be followed for this purpose; provides for various specifications concerning the determination and assessment of risks; and establishes, first of all, the obligation for the employer to carry out an assessment of the levels of mechanical vibration to which workers are exposed, including, if necessary, a measurement; to avoid or to reduce exposure, so that the risks arising from exposure to Mechanical vibrations are removed at their source or reduced to the lowest possible level.
It also includes the obligation for the employer to establish and execute a programme of technical and/or organisational measures, in addition to a listing of the factors which, in particular, must be taken into account; workers must not in any case be exposed to values higher than the exposure limit value and introduce the derogation granted by the directive, so that certain provisions do not apply in the sectors of the sea and air navigation as regards the vibrations transmitted to the entire body in certain conditions and with a number of additional guarantees; it contains two basic rights in preventive matters, such as the need for training of workers and information to them, as well as the way workers are employed. the right to be consulted and to participate in the prevention aspects; provisions are laid down for the monitoring of the health of workers in relation to risks from exposure to mechanical vibration, taking into account realize that your goal 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 surveillance should be taken into account when applying preventive measures at a particular place of work.
The directive itself recognises that certain equipment does not allow the exposure limit values to be respected, mainly due to technological difficulties. Because of this, the Royal Decree has opted for the maintenance of transitional periods which, however, do not initially exhaust the deadlines laid down by the directive. At the same time, the Royal Decree mandates the National Institute of Safety and Hygiene at Work to carry out specialized studies in the field of mechanical vibration, taking into account the state of the art and experience gained in other states. In order not to lose the option of the transitional periods granted by the directive, the rule provides that the government, in the light of the studies carried out by the National Institute for Safety and Hygiene at Work and after consulting the more representative trade union and business organisations, will proceed with the amendment of the Royal Decree to determine the final date of implementation of the obligations provided for in Article 5.3, for which it may extend the those allowed by the directive.
The single additional provision includes a provision that is essential in order to comply with the provisions of the directive. In order to ensure that the Ministry of Labour and Social Affairs has the relevant information to justify the exceptions applied in our country, it may send the European Commission the information required by the Ministry of Labour and Social Affairs. directive, the competent labour authorities will have to forward every four years counted from the entry into force of this Royal Decree to the Ministry of Labour and Social Affairs the list of the exceptions that in their respective territories apply, indicating the precise circumstances and reasons underlying those exceptions.
In the elaboration of this Royal Decree, the most representative trade union and business 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 Minister of Labour and Social Affairs, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting on November 4, 2005,
D I S P O N G O:
Article 1. Object and scope of application.
1. This Royal Decree aims, in the framework of Law 31/1995 of 8 November, on the prevention of occupational risks, to lay down minimum requirements for the protection of workers from the risks to their safety and health. derivatives or which may be derived 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 arising from mechanical vibration as a result of their work.
3. The provisions of Royal Decree 39/1997 of 17 January 1997 on the regulation of prevention services shall apply in full to the whole of the scope provided for in paragraph 1, without prejudice to the most specific provisions provided for in this Royal Decree.
Article 2. Definitions.
For the purposes of this Royal Decree, it shall be understood as:
a) Vibration transmitted to the hand-arm system: the mechanical vibration that, when transmitted to the human system of hand and arm, poses risks to the health and safety of the workers, in particular, vascular problems, bones or joints, nerve or muscle.
b) Vibration transmitted to the entire body: the mechanical vibration that, when transmitted to the whole body, carries risks to the health and safety of the workers, in particular, lumbalgies and injuries of the column vertebral.
Article 3. Exposure limit values and exposure values that result in an action.
1. For vibration transmitted to the hand-arm system:
(a) The standard daily exposure limit value for an eight-hour reference period is fixed at 5 m/s2.
(b) The standard daily exposure value for an eight-hour reference period giving rise to an action is fixed at 2,5 m/s2.
The exposure of the worker to the vibration transmitted to the hand-arm system shall be assessed or measured in accordance with paragraph A. 1 of the Annex.
2. For vibration transmitted to the entire body:
(a) The standard daily exposure limit value for an eight-hour reference period is fixed at 1,15 m/s2.
(b) The standard daily exposure value for an eight-hour reference period giving rise to an action is set at 0,5 m/s2.
The exposure of the worker to the vibration transmitted to the entire body shall be assessed or measured in accordance with paragraph B. 1 of the Annex.
3. Where the exposure of workers to mechanical vibration is normally lower than the daily exposure values laid down in paragraph 1 (b) and paragraph 2 (b), it varies substantially from a working period to the following: the following and may occasionally exceed the corresponding limit value, the calculation of the average vibration exposure value may be made on the basis of a reference period of 40 hours instead of eight hours, provided that it can (a) the risks arising from the exposure scheme to which the worker is subjected are justified; lower than those that would result from exposure to the daily exposure limit value.
This circumstance must be reasoned by the employer, be previously consulted with the workers and/or their representatives, be clearly stated in the evaluation of occupational risks and communicate to the labour authority. by sending the party to the risk assessment party where the derogation is justified, in order to enable it to verify that the conditions for the use of this procedure are given.
Article 4. Determination and assessment of risks.
1. The employer shall carry out an assessment and, if necessary, the measurement of the levels of mechanical vibration to which the workers are exposed, within the meaning of Article 16 of Law 31/1995 of 8 November 1995 and in the Section 1 of Chapter II of the Prevention Services Regulation, adopted by Royal Decree 39/1997 of 17 January 1997. The measurement shall be carried out in accordance with paragraph A. 2 or with paragraph B. 2 of the Annex, as appropriate.
2. In order to assess the level of exposure to mechanical vibration, the observation of the specific working methods may be used and refer to the appropriate information on the likely magnitude of the vibration of the equipment or type of equipment used. under the specific conditions of use, including information provided by the manufacturer. This operation is different from the measurement, which requires the use of specific equipment and an appropriate methodology.
The employer must, where appropriate, justify that the nature and extent of the risks related to the mechanical vibration make a more detailed assessment of these risks unnecessary.
3. The assessment and measurement referred to in paragraph 1 shall be scheduled and carried out at intervals established in accordance with Article 6.2 of the Prevention Services Regulation, approved by Royal Decree 39/1997 of 17 January, and shall be carried out by staff having the highest degree in the prevention of occupational risks with industrial hygiene, having regard to the provisions of Articles 36 and 37 of that Regulation and Chapter III thereof, organization of resources for the development of preventive activities.
The risk assessment shall be kept up to date and shall be reviewed in accordance with Article 6.1 of the Prevention Services Regulation, as approved by Royal Decree 39/1997 of 17 January.
Data obtained from the assessment and/or measurement of the level of exposure to mechanical vibration shall be retained in such a way as to allow for further consultation. The evaluation documentation shall be in accordance with the provisions of Article 23 of the Law of 31/1995 of 8 November 1995 and Article 7 of the Prevention Services Regulation, approved by Royal Decree 39/1997 of 17 January.
4. In accordance with Articles 15 and 16 of Law 31/1995 of 8 November 1995, the employer, when assessing the risks, shall pay particular attention to
following aspects:(a) The level, type and duration of the exposure, including any exposure to intermittent vibration or repeated shaking.
(b) The exposure limit values and exposure values giving rise to an action provided for in Article 3.
(c) All effects that are related to the health and safety of particularly sensitive workers exposed to risk, including pregnant workers.
d) All indirect effects for the safety of workers arising from the interaction between mechanical vibrations and the workplace or other work equipment.
e) The information provided by the manufacturers of the work equipment in accordance with the provisions of the regulations governing the marketing of such equipment.
f) The existence of replacement equipment designed to reduce the levels of exposure to mechanical vibration.
g) The prolongation of the exposure to vibrations transmitted to the entire body after working hours, under the responsibility of the employer.
h) Specific working conditions, such as working at low temperatures.
i) The appropriate information derived from the health surveillance of workers including scientific-technical information published, as far as possible.
5. On the basis of the results of the assessment, the employer shall determine the measures to be taken in accordance with Articles 5 and 6 of this Royal Decree and shall plan its implementation in accordance with the provisions of Section 2. II of the Prevention Services Regulation, approved by Royal Decree 39/1997 of 17 January.
Article 5. Provisions aimed at avoiding or reducing exposure.
1. Taking into account technical progress and the availability of risk control measures at their origin, the risks arising from exposure to mechanical vibration should be removed at their origin or reduced to the lowest possible level.
The reduction of these risks will be based on the principles of preventive action set out in Article 15 of Law 31/1995 of 8 November.
2. On the basis of the risk assessment referred to in Article 4, where the values laid down in Article 3 (1) (b) and Article 3 (2) (b) are exceeded, the employer shall establish and implement a programme of technical and/or Organisation designed to minimise exposure to mechanical vibration and the risks arising from it, taking into account, in particular:
a) Other working methods that reduce the need for exposure to mechanical vibrations.
(b) The choice of the appropriate working equipment, either designed from the ergonomic point of view and the generator of the lowest possible level of vibration, taking into account the work to which it is intended.
(c) The supply of auxiliary equipment that reduces the risks of vibration injury, e.g., seats, shock absorbers or other systems that effectively attenuate vibrations transmitted to the entire body and handles, handles or covers that reduce vibrations transmitted to the hand-arm system.
(d) Appropriate programmes for the maintenance of work equipment, the workplace and the workplace.
e) The conception and disposition of places and places of work.
f) The right information and training to workers on the correct and safe handling of the work equipment, in order to minimize the exposure to mechanical vibration.
g) The limitation of the duration and intensity of the exposure.
h) An appropriate sort of working time.
i) The implementation of the necessary measures to protect exposed workers from cold and moisture, including the provision of adequate clothing.
3. Workers shall in no case be exposed to values higher than the exposure limit value. If, in spite of the measures taken by the employer pursuant to this Royal Decree, the exposure limit value is exceeded, the employer shall immediately take measures to reduce the exposure to levels below that value. limit. It shall also determine the causes for which the exposure limit value has been exceeded and shall, as a consequence, amend the protection and prevention measures to prevent it from being exceeded.
4. The provisions of the above paragraph shall not apply in the fields of sea and air navigation in respect of vibrations transmitted to the whole body, when, taking into account the current state of the art and the specific characteristics of the workplace, it is not possible to respect the exposure limit value despite the implementation of technical and/or organisational measures.
The use of this derogation may be made only in duly justified circumstances and in compliance with the general principles of the protection of the health and safety of workers. To this end, the employer must have the conditions which ensure, taking account of the particular circumstances, the reduction to a minimum of the risks arising from them, and provided that the workers concerned are offered the the health surveillance specified in the last paragraph of Article 8.1.
The use of this exception should be reasoned by the employer, be previously consulted with the workers and/or their representatives, explicitly state in the evaluation of occupational risks and communicate to the authority by sending to this part of the risk assessment part where the exception is justified, so that the exception can be verified that the conditions for the use of the derogation are given.
5. In accordance with Article 25 of Law 31/1995 of 8 November 1995, the employer shall adapt the measures referred to in this Article to the needs of workers who are particularly sensitive to certain risks.
Article 6. Information and training of workers.
In accordance with the provisions of Articles 18.1 and 19 of Law 31/1995 of 8 November 1995, the employer shall ensure that workers exposed to risks arising from mechanical vibration in the workplace and/or their representatives are provided with information and training regarding the outcome of the risk assessment provided for in Article 4.1 of this Royal Decree, in particular on:
(a) Measures taken pursuant to this Royal Decree to eliminate or minimize the risks arising from mechanical vibration.
b) The exposure limit values and exposure values that result in an action.
(c) The results of the assessments and measurements of the mechanical vibration carried out pursuant to Article 4 and the damage to health that could be carried out by the work equipment used.
d) The convenience and way to detect and report signs of health damage.
e) The circumstances in which workers are entitled to a health surveillance.
f) Safe working practices, to minimize exposure to mechanical vibration.
Article 7. Consultation and participation of workers.
The consultation and participation of workers on the issues referred to in this Royal Decree shall be carried out in accordance with the provisions of Article 18.2 and Chapter V of Law 31/1995 of 8 November.
Article 8. Health surveillance.
1. Where the risk assessment provided for in Article 4.1 shows the existence of a risk to the health of workers, the employer shall carry out a health surveillance of such workers, in accordance with the provisions of Article 4 (1) of the Treaty. Article 22 of Law 31/1995 of 8 November 1995 and Article 37.3 of the Prevention Services Regulation, adopted by Royal Decree 39/1997 of 17 January 1995.
Health surveillance, the results of which will be taken into account when implementing preventive measures in a particular workplace, will aim at the prevention and early diagnosis of any health damage such as result of exposure to mechanical vibration. Such surveillance shall be appropriate when:
(a) The exposure of the worker to the vibration is such that a relationship between such exposure and a particular disease or a harmful health effect can be established.
b) You are likely to get the disease or have the harmful effect on the worker's specific working conditions.
c) Exist proven techniques to detect disease or harmful health effects.
In any case, any worker exposed to levels of mechanical vibration exceeding the values set out in paragraph 1.b) and in Article 3 (2) (b) shall be entitled to appropriate health surveillance.
In those cases referred to in Article 3.3 and in Article 5.4, in which respect for the exposure limit value cannot be guaranteed, the worker shall be entitled to enhanced health surveillance, which may include a increase of their periodicity.
2. Health surveillance shall include the preparation and updating of the clinical-labour history of workers subject to it in accordance with the provisions of paragraph 1. The access, confidentiality and content of such stories shall be in accordance with Article 22 (2), (3) and (4) of Law 31/1995 of 8 November 1995 and Article 37 (3) (c) of the Prevention Services Regulation adopted by the Commission. Royal Decree 39/1997 of 17 January. The worker shall, upon request, have access to the history of personal concern.
3. Where health surveillance shows that a worker suffers from a disease or a diagnosable ailment which, in the opinion of the doctor responsible for health surveillance, is a consequence, in whole or in part, of an exposure to mechanical vibration in the workplace:
(a) The health care provider shall inform the worker of the outcome of his/her personal concern; in particular, he/she shall inform and advise on the health surveillance to be submitted at the end of the exposure.
(b) The employer shall receive information obtained from the health surveillance as set out in Article 22 of Law 31/1995 of 8 November.
c) For your part, the employer must:
1. Review the risk assessment carried out in accordance with Article 4.
2. Review of the measures envisaged to eliminate or reduce risks in accordance with the provisions of Article 5.
3. Take into account the recommendations of the physician responsible for health surveillance when applying any other measure deemed necessary to eliminate or reduce risks in accordance with the provisions of Article 5, including the ability to assign to the worker another job where there is no risk of exposure.
4. Dispose a continued control of the health of the affected worker and the examination of the health status of other workers who have suffered a similar exposure. In such cases, the physician responsible for health surveillance may propose that the persons exposed undergo a medical examination.
Single additional disposition. Information from the labour authorities.
For the purpose of complying with the provisions of Article 10.4 of Directive 2002/44/EC of the European Parliament and of the Council of 25 June 2002 on the minimum health and safety requirements for the exposure of workers to the risks arising from physical agents (vibration), the competent labour authority shall forward every four years from the entry into force of this Royal Decree to the Ministry of Labour and Social Affairs the list of the exceptions which are applied in their respective territories by virtue of the provisions of the Articles 3.3 and 5.4, indicating the precise circumstances and reasons underlying these exceptions.
Single transient arrangement. 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 until 6 July 2008 and, in the case of equipment used in the agricultural and forestry sectors, until 6 July 2008. 2011.
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 the Law 31/1995 of 8 November, on the prevention of occupational risks, must be carried out by 31 December 2007 at the level of technical experts in the field of vibration mechanical, 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, 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 of the European Parliament and of the Council of 25 June 2002, on the minimum health and safety requirements relating to the exposure of the workers to the risks arising from physical agents (vibrations).
Single repeal provision. Scope of regulatory repeal.
As many provisions of equal or lower rank are repealed, they are opposed to the provisions of this Royal Decree.
Final disposition first. Elaboration and updating of the technical guide.
The National Institute for Safety and Hygiene at Work, in accordance with the provisions of Article 5.3 of the Prevention Services Regulation, approved by Royal Decree 39/1997 of 17 January, will prepare and maintain updated a non-binding technical guide for the assessment and prevention of risks arising from exposure to mechanical vibration.
Final disposition second. Faculty of development.
The Minister of Labor and Social Affairs, prior to the report of the National Commission on Health and Safety at Work, is authorized to issue any provisions necessary for the implementation and development of this Royal Decree, as well as to incorporate into the Annex the adaptations of a strictly technical nature adopted by the European Commission in accordance with Articles 11 and 12 of Directive 2002 /44/EC.
Given in Madrid, 4 November 2005.
JOHN CARLOS R.
The Minister of Labour and Social Affairs,
JESUS CALDERA SANCHEZ-CAPTAIN
ANNEX
A. Vibration transmitted to the hand-arm system
1. Exposure assessment.-The assessment of the exposure level to the vibration transmitted to the hand-arm system is based on the calculation of the daily exposure value, normalized for an eight-hour reference period, A (8), expressed as the square root of the sum of the squares (total value) of the effective frequency-weighted acceleration values determined according to the orthogonal axes ahwx, ahwy and ahwz, as defined in Chapters 4 and 5 and in Annex A of the UNE-EN ISO standard 5349-1 (2002).
The assessment of the level of exposure can be carried out by an estimate based on the information on the level of emission of the work equipment used, provided by the manufacturers of these materials and by the observation of specific work practices or by measurement.
2. Measurement.-Where measurement is carried out, in accordance with Article 4.1:
(a) The methods used may involve sampling, which must be representative of the worker's exposure to the mechanical vibration in question; the methods and apparatus used must be adapted to the characteristics of the specific to the mechanical vibrations to be measured, to the environmental factors and to the characteristics of the measuring devices, in accordance with the standard UNE-EN ISO 5349-2 (2002).
(b) In the case of devices to be held with both hands, the measurements shall be carried out at each hand. The exposure shall be determined by reference to the highest value; information shall also be given on the other hand.
3. Interference.-The provisions of Article 4 (4) (d) shall apply, in particular, when the mechanical vibration makes it difficult to handle the controls or the good reading of the indicator devices.
4. Indirect risks.-The provisions of Article 4 (4) (d) shall apply, in particular, when mechanical vibrations damage the stability of the structures or the good condition of the connecting elements.
5. Personal protective equipment.-Individual protection equipment against vibration transmitted to the hand-arm system may contribute to the programme of measures referred to in Article 5.2.
B. Vibration transmitted to the entire body
1. Assessment of the exposure.-The assessment of the level of vibration exposure is based on the calculation of the daily exposure A (8) expressed as the continuous equivalent acceleration for an eight-hour period, calculated as the largest of the effective values of the frequency-weighted accelerations determined according to the three orthogonal axes (1,4awx, 1,4awy, awz, for a sitting or standing worker), in accordance with Chapters 5, 6 and 7, Annex A and Annex B of the ISO standard 2631-1 (1997).
The assessment of the level of exposure can be carried out by an estimate based on the information on the level of emission of the work equipment used, provided by the manufacturers of these materials and by the observation of specific work practices or by measurement.
In the maritime navigation sector, the frequency vibration of more than 1 Hz may be taken into account only for the assessment of exposures.
2. Measurement.-Where the measurement is carried out in accordance with Article 4.1, the methods used may involve sampling, which shall be representative of the worker's exposure to the mechanical vibration in question. The methods used shall be adapted to the specific characteristics of the mechanical vibrations to be measured, to the environmental factors and to the characteristics of the measuring devices.
3. Interference.-The provisions of Article 4 (4) (d) shall apply, in particular, when the mechanical vibration makes it difficult to handle the controls or the good reading of the indicator devices.
4. Indirect risks.-The provisions of Article 4 (4) (d) shall apply, in particular, when mechanical vibrations damage the stability of the structures or the good condition of the connecting elements.
5. Extension of the exposure.-The provisions of Article 4.4.g) shall apply, in particular, where the nature of the activity involves the use by the workers of the premises of rest under the responsibility of the employer; except in cases of force majeure, the exposure of the whole body to vibrations in these premises must be reduced to a level compatible with the functions and conditions of use of these premises.