A25: Control Of Vibration At Work Regulations 2005

Application and transitional provisions (r3)

Deferment of part of r6 (duty to comply with the exposure limit value (ELV)) to 6th July 2010 for equipment provided for use before 6th July 2007 but which does not permit compliance with the ELV.

(Similar provision for agriculture and forestry on whole body vibration until 6th July 2014)

Disapplication of health surveillance (r7) and information (r8) requirements to non-employees

Exposure limit values and action values (r4)

Hand Arm Vibration (HAV)

daily exposure limit value	5 m/s2 A(8)
daily exposure action value	2.5 m/s2 A(8)

Whole Body Vibration (WBV)

daily exposure limit value	1.15 m/s2 A(8)
daily exposure action value	0.5 m/s2 A(8)

Risk assessment (r5)

Duty to make suitable and sufficient risk assessment (risk assessment) – includes observing working practices, referring to information on the probable magnitude of vibration and, if necessary, taking measurements.

Assessment also includes:

the magnitude, type and duration of exposure, (taking account of intermittent vibration or repeated shocks)
effects of exposure on employees whose health is at ‘particular risk’
effects of vibration on the workplace and work equipment, including the proper handling of controls, reading of indicators, stability of structures and security of joints
information from manufacturers
availability of replacement equipment
exposure to WBV beyond normal working hours
low temperatures etc. and information from health surveillance.

Usual duties to review assessments, record significant findings and the action measures taken.

Elimination or control of exposure (r6)

Duty to eliminate risk of vibration at source or reduce as low as reasonably practicable (ALARP).

If action value is likely to be exceeded reduce ALARP through programme of organisational and technical measures (based on MHSW 99) including:

other working methods which eliminate or reduce vibration
ergonomic equipment
auxiliary equipment
maintenance programmes
design and layout of workplaces, workstations and rest facilities
suitable and sufficient information and training
limiting duration and magnitude of exposure
appropriate work schedules and adequate rest periods
clothing to protect from cold and damp.

Duty not to exceed ELV, or if exceeded to reduce vibration below ELV; identify the reason for breaking the limit and take steps to prevent a recurrence. An exception allows ELV to be exceeded occasionally where usually below but varies markedly from time to time, provided that:

average exposure over one week is less than ELV;
evidence to show that the risk from the pattern of exposure is less than constant exposure;
risk is reduced to ALARP; and
employees are subject to increased health surveillance where appropriate.

Duty to adapt measures to take account of individual(s) at ‘particular risk’.

Health surveillance (r7)

Duty to provide suitable, appropriate health surveillance (HS) where risk assessment indicates risk to health or employees likely to be exposed over EAV.

‘Appropriate’ health surveillance (see MHSW 99) is required where:

a link can be established with identifiable disease or adverse health effect;
it is probable that disease or effect may occur under work conditions; and
there are valid techniques for detecting disease or effect.

Duty to make and keep health records, allowing access to employees, and providing copies to enforcing authority as necessary. Where health surveillance finds an employee having an identifiable disease, or health effect considered by doctor, or other occupational health (OH) professional, to be a result of exposure to vibration, the employer shall:

ensure that a suitably qualified person informs the employee and provides them with advice on HS
ensure that it is informed of any significant findings taking account of medical confidentiality
review the risk assessment
review any r6 measure taking account of advice from a doctor, OH professional or enforcing authority
consider assigning the employee to alternative work where there is no risk of further exposure to vibration, taking account of advice from doctor or OH professional
provide for a review of health of any other employee who has been similarly exposed including a medical examination where recommended by a doctor, OH professional or enforcing authority

There is a duty on employee to present for HS as required.

Information, instruction and training (r8)

If the risk assessment indicates that there is a risk to health, or employees are likely to be exposed above the EAV, there is a duty on the employer to provide suitable and sufficient information, instruction and training (IIT) which shall include:

organisational and technical measures taken to comply with r6
ELVs and EAVs (r4)
significant findings of the risk assessment, including any measurements taken and explanation
why and how to detect and report signs of injury
entitlement to HS (r7) and its purposes
safe working practices to minimise exposure
collective results of HS without individuals being recognised.

The IIT shall be kept updated to take account of significant changes in the type of work carried out or the working methods used.

Duty on the employer to ensure that any person (whether or not employees) who carries out work in connection with the employer’s duties has suitable and sufficient IIT.