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Document 02002L0044-20190726
Directive 2002/44/EC of the European Parliament and of the Council of 25 June 2002 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (vibration) (sixteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)
Consolidated text: Directive 2002/44/EC of the European Parliament and of the Council of 25 June 2002 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (vibration) (sixteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)
Directive 2002/44/EC of the European Parliament and of the Council of 25 June 2002 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (vibration) (sixteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)
02002L0044 — EN — 26.07.2019 — 003.001
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DIRECTIVE 2002/44/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 June 2002 (OJ L 177 6.7.2002, p. 13) |
Amended by:
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Official Journal |
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No |
page |
date |
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DIRECTIVE 2007/30/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 June 2007 |
L 165 |
21 |
27.6.2007 |
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REGULATION (EC) No 1137/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 22 October 2008 |
L 311 |
1 |
21.11.2008 |
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REGULATION (EU) 2019/1243 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 June 2019 |
L 198 |
241 |
25.7.2019 |
DIRECTIVE 2002/44/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 25 June 2002
on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (vibration) (sixteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)
SECTION I
GENERAL PROVISIONS
Article 1
Aim and scope
Article 2
Definitions
For the purposes of this Directive, the following terms shall mean:
‘hand-arm vibration’: the mechanical vibration that, when transmitted to the human hand-arm system, entails risks to the health and safety of workers, in particular vascular, bone or joint, neurological or muscular disorders;
‘whole-body vibration’: the mechanical vibration that, when transmitted to the whole body, entails risks to the health and safety of workers, in particular lower-back morbidity and trauma of the spine.
Article 3
Exposure limit values and action values
For hand-arm vibration:
the daily exposure limit value standardised to an eight-hour reference period shall be 5 m/s2;
the daily exposure action value standardised to an eight-hour reference period shall be 2,5 m/s2.
Workers' exposure to hand-arm vibration shall be assessed or measured on the basis of the provisions of Point 1 of Part A of the Annex.
For whole-body vibration:
the daily exposure limit value standardised to an eight-hour reference period shall be 1,15 m/s2 or, at the choice of the Member State concerned, a vibration dose value of 21 m/s1,75;
the daily exposure action value standardised to an eight-hour reference period shall be 0,5 m/s2 or, at the choice of the Member State concerned, a vibration dose value of 9,1 m/s1,75.
Workers' exposure to whole-body vibration shall be assessed or measured on the basis of the provisions of Point 1 of Part B of the Annex.
SECTION II
OBLIGATION OF EMPLOYERS
Article 4
Determination and assessment of risks
Pursuant to Article 6(3) of Directive 89/391/EEC, the employer shall give particular attention, when carrying out the risk assessment, to the following:
the level, type and duration of exposure, including any exposure to intermittent vibration or repeated shocks;
the exposure limit values and the exposure action values laid down in Article 3 of this Directive;
any effects concerning the health and safety of workers at particularly sensitive risk;
any indirect effects on worker safety resulting from interactions between mechanical vibration and the workplace or other work equipment;
information provided by the manufacturers of work equipment in accordance with the relevant Community Directives;
the existence of replacement equipment designed to reduce the levels of exposure to mechanical vibration;
the extension of exposure to whole-body vibration beyond normal working hours under the employer's responsibility;
specific working conditions such as low temperatures;
appropriate information obtained from health surveillance, including published information, as far as possible.
Article 5
Provisions aimed at avoiding or reducing exposure
The reduction of such risks shall be based on the general principles of prevention set out in Article 6(2) of Directive 89/391/EEC.
On the basis of the risk assessment referred to in Article 4, once the exposure action values laid down in Article 3(1)(b) and (2)(b) are exceeded, the employer shall establish and implement a programme of technical and/or organisational measures intended to reduce to a minimum exposure to mechanical vibration and the attendant risks, taking into account in particular:
other working methods that require less exposure to mechanical vibration;
the choice of appropriate work equipment of appropriate ergonomic design and, taking account of the work to be done, producing the least possible vibration;
the provision of auxiliary equipment that reduces the risk of injuries caused by vibration, such as seats that effectively reduce whole-body vibration and handles which reduce the vibration transmitted to the hand-arm system;
appropriate maintenance programmes for work equipment, the workplace and workplace systems;
the design and layout of workplaces and work stations;
adequate information and training to instruct workers to use work equipment correctly and safely in order to reduce their exposure to mechanical vibration to a minimum;
limitation of the duration and intensity of the exposure;
appropriate work schedules with adequate rest periods;
the provision of clothing to protect exposed workers from cold and damp.
If, despite the measures taken by the employer to comply with this Directive, the exposure limit value is exceeded, the employer shall take immediate action to reduce exposure below the exposure limit value. He shall identify the reasons why the exposure limit value has been exceeded, and shall amend the protection and prevention measures accordingly in order to prevent it being exceeded again.
Article 6
Worker information and training
Without prejudice to Articles 10 and 12 of Directive 89/391/EEC, the employer shall ensure that workers who are exposed to the 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 Directive, concerning in particular:
the measures taken to implement this Directive in order to eliminate or reduce to a minimum the risks from mechanical vibration;
the exposure limit values and the exposure action values;
the results of the assessment and measurement of the mechanical vibration carried out in accordance with Article 4 of this Directive and the potential injury arising from the work equipment in use;
why and how to detect and report signs of injury;
the circumstances in which workers are entitled to health surveillance;
safe working practices to minimise exposure to mechanical vibration.
Article 7
Consultation and participation of workers
Consultation and participation of workers and/or of their representatives shall take place in accordance with Article 11 of Directive 89/391/EEC on the matters covered by this Directive.
SECTION III
MISCELLANEOUS PROVISIONS
Article 8
Health surveillance
Health surveillance, the results of which are taken into account in the application of preventive measures at a specific workplace, shall be intended to prevent and diagnose rapidly any disorder linked with exposure to mechanical vibration. Such surveillance shall be appropriate where:
In any event, workers exposed to mechanical vibration in excess of the values stated in Article 3(1)(b) and (2)(b) shall be entitled to appropriate health surveillance.
Copies of the appropriate records shall be supplied to the competent authority on request. The individual worker shall, at his request, have access to the health records relating to him personally.
Where, as a result of health surveillance, a worker is found to have an identifiable disease or adverse health effect which is considered by a doctor or occupational health-care professional to be the result of exposure to mechanical vibration at work:
the worker shall be informed by the doctor or other suitably qualified person of the result which relates to him personally. He shall, in particular, receive information and advice regarding any health surveillance which he should undergo following the end of exposure;
the employer shall be informed of any significant findings from the health surveillance, taking into account any medical confidentiality;
the employer shall:
Article 9
Transitional periods
With regard to implementation of the obligations laid down in Article 5(3), Member States, after consultation of the two sides of industry in accordance with national legislation or practice, shall be entitled to make use of a maximum transitional period of five years from 6 July 2005 where work equipment is used which was given to workers before 6 July 2007 and which does not permit the exposure limit values to be respected, taking into account the latest technical advances and/or the organisational measures taken. With regard to equipment used in the agriculture and forestry sectors, Member States shall be entitled to extend the maximum transitional period by up to four years.
Article 10
Derogations
Article 11
Amendments to the Annex
The Commission is empowered to adopt delegated acts in accordance with Article 11a to make strictly technical amendments to the Annex, in order to take account of technical harmonisation and standardisation with regard to the design, building, manufacture or construction of work equipment and workplaces, technical progress, changes in harmonised European standards or specifications and new findings concerning mechanical vibration.
Where, in duly justified and exceptional cases involving imminent, direct and serious risks to workers’ and other persons’ physical health and safety, imperative grounds of urgency require action in a very short timeframe, the procedure provided for in Article 11b shall apply to delegated acts adopted pursuant to this Article.
Article 11a
Exercise of the delegation
Article 11b
Urgency procedure
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SECTION IV
FINAL PROVISIONS
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Article 14
Transposition
When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
Article 15
Entry into force
This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.
Article 16
Addressees
This Directive is addressed to the Member States.
ANNEX
A. HAND-ARM VIBRATION
1. Assessment of exposure
The assessment of the level of exposure to hand-arm vibration is based on the calculation of the daily exposure value normalised to an eight-hour reference period A(8), expressed as the square root of the sum of the squares (rms) (total value) of the frequency-weighted acceleration values, determined on the orthogonal axes ahwx, ahwy, ahwz as defined in Chapters 4 and 5 and Annex A to ISO standard 5349-1(2001).
The assessment of the level of exposure may be carried out on the basis of an estimate based on information provided by the manufacturers concerning the level of emission from the work equipment used, and based on the observation of specific work practices or on measurement.
2. Measurement
When measurement is employed in accordance with Article 4(1):
the methods used may include sampling, which must be representative of the personal exposure of a worker to the mechanical vibration in question; the methods and apparatus used must be adapted to the particular characteristics of the mechanical vibration to be measured, to ambient factors and to the characteristics of the measuring apparatus, in accordance with ISO standard 5349-2(2001);
in the case of devices which need to be held with both hands, measurements must be made on each hand. The exposure is determined by reference to the higher value of the two; information for the other hand shall also be given.
3. Interference
Article 4(4)(d) will apply, in particular where the mechanical vibration interferes with the proper handling of controls or reading of indicators.
4. Indirect risks
Article 4(4)(d) will apply in particular when the mechanical vibration interferes with the stability of structures or the security of joints.
5. Individual protectors
Personal protective equipment against hand-arm vibration may contribute to the programme of measures referred to in Article 5(2).
B. WHOLE-BODY VIBRATION
1. Assessment of exposure
The assessment of the level of exposure to vibration is based on the calculation of daily exposure A(8) expressed as equivalent continuous acceleration over an eight-hour period, calculated as the highest (rms) value, or the highest vibration dose value (VDV) of the frequency-weighted accelerations, determined on three orthogonal axes (1,4awx, 1,4awy, awz for a seated or standing worker) in accordance with Chapters 5, 6 and 7, Annex A and Annex B to ISO standard 2631-1(1997).
The assessment of the level of exposure may be carried out on the basis of an estimate based on information provided by the manufacturers concerning the level of emission from the work equipment used, and based on observation of specific work practices or on measurement.
In the case of maritime shipping, Member States may consider only vibrations of a frequency exceeding 1 Hz.
2. Measurement
When measurement is employed in accordance with Article 4(1), the methods used may include sampling, which must be representative of the personal exposure of a worker to the mechanical vibration in question. The methods used must be adapted to the particular characteristics of the mechanical vibration to be measured, to ambient factors and to the characteristics of the measuring apparatus.
3. Interference
Article 4(4)(d) will apply, in particular where the mechanical vibration interferes with the proper handling of controls or reading of indicators.
4. Indirect risks
Article 4(4)(d) will apply, in particular when the mechanical vibration interferes with the stability of structures or the security of joints.
5. Extension of exposure
Article 4(4)(g) will apply, in particular where, owing to the nature of the activity, a worker benefits from the use of rest facilities supervised by the employer; exposure to whole-body vibration in those facilities must be reduced to a level compatible with their purpose and conditions of use, except in cases of ‘ force majeure ’.
( 1 ) OJ L 123, 12.5.2016, p. 1.