SECTION II

OBLIGATION OF EMPLOYERS

Determination and assessment of risks
Article 4
1
In carrying out the obligations laid down in Article 6(3) and Article 9(1) of Directive 89/391/EEC, the employer shall assess and, if necessary, measure the levels of mechanical vibration to which workers are exposed. Measurement shall be carried out in accordance with Point 2 of Part A or Point 2 of Part B of the Annex to this Directive, as appropriate.
2
The level of exposure to mechanical vibration may be assessed by means of observation of specific working practices and reference to relevant information on the probable magnitude of the vibration corresponding to the equipment or the types of equipment used in the particular conditions of use, including such information provided by the manufacturer of the equipment. That operation shall be distinguished from measurement, which requires the use of specific apparatus and appropriate methodology.
3
The assessment and measurement referred to in paragraph 1 shall be planned and carried out by competent services at suitable intervals, taking particular account of the provisions of Article 7 of Directive 89/391/EEC concerning the necessary competent services or persons. The data obtained from the assessment and/or measurement of the level of exposure to mechanical vibration shall be preserved in a suitable form so as to permit consultation at a later stage.
4
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:
a
the level, type and duration of exposure, including any exposure to intermittent vibration or repeated shocks;
b
the exposure limit values and the exposure action values laid down in Article 3 of this Directive;
c
any effects concerning the health and safety of workers at particularly sensitive risk;
d
any indirect effects on worker safety resulting from interactions between mechanical vibration and the workplace or other work equipment;
e
information provided by the manufacturers of work equipment in accordance with the relevant Community Directives;
f
the existence of replacement equipment designed to reduce the levels of exposure to mechanical vibration;
g
the extension of exposure to whole-body vibration beyond normal working hours under the employer's responsibility;
h
specific working conditions such as low temperatures;
i
appropriate information obtained from health surveillance, including published information, as far as possible.
5
The employer shall be in possession of an assessment of the risk in accordance with Article 9(1)(a) of Directive 89/391/EEC and shall identify which measures must be taken in accordance with Articles 5 and 6 of this Directive. The risk assessment shall be recorded on a suitable medium, according to national law and practice; it may include a justification by the employer that the nature and extent of the risks related to mechanical vibration make a further detailed risk assessment unnecessary. The risk assessment shall be kept up-to-date on a regular basis, particularly if there have been significant changes which could render it out-of-date, or when the results of health surveillance show it to be necessary.