The Merchant Shipping and Fishing Vessels (Control of Vibration at Work) Regulations 2007

Assessment of risks

6.—(1) The employer shall assess the level of mechanical vibration to which workers are exposed as part of the risk assessment required by regulation 7 of the General Duties Regulations.

(2) Where the employer concludes that the nature and extent of any risks related to mechanical vibration to which workers are exposed are such that a detailed risk assessment is not necessary, the risk assessment shall explain the reasons for such a conclusion.

(3) The risk assessment shall be based on—

(a) observation of specific working practices;

(b) information provided by the manufacturer of the equipment and any other relevant information on the probable magnitude of vibration in the particular conditions of use; and

(c) if necessary, measurement of level of mechanical vibration to which workers are likely to be exposed in accordance with paragraph 5 of the Schedule.

(4) Without prejudice to the generality of regulation 7 of the General Duties Regulations, in carrying out the risk assessment the employer shall consider—

(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 in regulation 5;

(c) the health and safety of workers who may be particularly sensitive to mechanical vibration;

(d) any indirect effect on worker safety which may be caused by interaction between equipment subject to mechanical vibration and the workplace or other work equipment;

(e) information provided by the manufacturers of work equipment;

(f) the existence of replacement equipment designed to reduce exposure to vibration;

(g) the extension of exposure to whole body vibration beyond normal working hours;

(h) the effect of specific working conditions, such as low temperatures; and

(i) appropriate information obtained from health surveillance, including published information, so far as possible.

(5) The employer shall ensure that the risk assessment—

(a) is planned and carried out by the persons appointed in accordance with regulation 14 of the General Duties Regulations;

(b) records—

(i) the significant findings of the risk assessment as soon as practicable after the risk assessment is made or changed; and

(ii) the measures the employer has taken or intends to take to comply with regulations 7 and 8 of these Regulations;

so as to permit consultation as required by these Regulations;

(c) is reviewed—

(i) at suitable intervals;

(ii) if there are any significant changes in working condition which affect its validity; or

(iii) if the results of a health surveillance indicate that a further risk assessment is necessary; and

(d) is retained by him.