Safety, Health and Welfare at Work (General Application) Regulations 2007

Determination and assessment of risks.

136

136. An employer shall

(a) without prejudice to sections 19 and 20 of the Act, where employees are or are likely to be exposed to risks to their safety or health arising from exposure to mechanical vibration during their work, make a suitable and appropriate assessment of the risk arising from such exposure;

(b) in carrying out the risk assessment referred to in paragraph (a), assess daily exposure to mechanical vibration by means of—

(i) observation of specific working practices,

(ii) reference to relevant information on the probable level of the vibration corresponding to the equipment or the types of equipment used in the particular working conditions, and

(iii) if necessary, measurement of the magnitude of mechanical vibration to which the employer's employees are liable to be exposed, and carry out any such measurement on the basis set out in Schedule 6,

(c) ensure that the assessment referred to in paragraphs (a) and (b) are planned and carried out by a competent person at suitable intervals,

(d) in carrying out the risk assessment under this Regulation, give particular attention to—

(i) the level, type and duration of exposure, including any exposure to intermittent vibration or repeated shocks,

(ii) the exposure limit values and the exposure action values specified in Regulation 135,

(iii) the effects of exposure to vibration on employees whose safety or health is at particular risk from such exposure,

(iv) any indirect effects on employee safety or health resulting from interactions between mechanical vibration and the place of work or other work equipment,

(v) any information provided by the manufacturers of work equipment in compliance with section 16 of the Act,

(vi) the existence of replacement equipment designed to reduce exposure to mechanical vibration,

(vii) the extension of exposure to whole-body vibration beyond normal working hours under the employer's responsibility,

(viii) specific working conditions such as low temperatures, and

(ix) appropriate information obtained from health surveillance including, where possible, published information,

(e) record in the safety statement drawn up pursuant to section 20 of the Act—

(i) the findings of the risk assessment as soon as it is practicable after it is made and

(ii) the steps which the employer has taken to comply with Regulations 137 to 141, and

(f) review the assessment and, if necessary, the measurement referred to in paragraph (b) at suitable intervals and, in particular, where either of the conditions specified in section 19(3)(a) and (b), of the Act are met.