Laws an thier requirements

The basic duties of the employer in the area of occupational health and safety are set out in the Labor Code and in the Regulation of the Minister of Labor and Social Policy of September 26, 1997 on general health and safety at work (Journal of Laws 2003, no. 169, item 1650, last changeJournal of Laws 2011 no. 173 item 1034). The employer's obligations in the field of protection against mechanical vibrations are given in the Regulation of the Minister of Economy and Labor of August 5, 2005 on occupational health and safety in works related to noise exposure or mechanical vibrations (Journal of Laws of 2005, No. 157, item. 1318). According to this regulation, the employer is required to:

 

1. Take measurements of the quantities characterizing mechanical vibrations in the work environment and compare their results with the values of operation thresholds and limit values. The mode and frequency of these measurements is regulated by the Regulation of the Minister of Health of February 2, 2011 on testing and measurements of factors harmful to health in the work environment (Journal of Laws 2011, No. 33, item 166). According to this regulation, mechanical vibration measurements should be performed:

    • Within 30 days of the start of operation (results of tests and measurements shall be kept for a period of 3 years from the date of the last entry),
    • Minimum frequency between measurements is one year in the event were the last measurement of mechanical vibrations resulted in at least one quantity exceeding the limiting value.
    • At least once a year in case when the results of last measurements of quantities describing mechanical vibrations have shown that at least one of them exceeds the 0.5 of limit value,
    • At least once every two years when the results of the last measurements performed describing the mechanical vibrations have shown that at least one of them exceeds the of 0.2 limit value,       
    • The measurement should be repeated in case the the conidition of the factor in consideration changes.

Measurements are omitted if the results from the last two measurements describing mechanical vibrations in the interval of two years showed that no quantity exceeded 0.2 of limit value. The employer is obliged to immediately inform employees about the results of mechanical vibration measurements.

On the basis of the results of tests and measurements, the employer must keep an up-to-date register of harmful factors occurring at the workplace. In the case of liquidation of the workplace, the employer immediately transfers the register and card to the competent local sanitary inspector, and with reference to the units referred to in Art. 20 para. 1 of the Act of 14 March 1985 on the State Sanitary Inspection (Journal of Laws of 1998 No. 90, item 575, as amended) to the competent state sanitary inspector of the Ministry of Interior and Administration. Registers and cards are kept for a period of 40 years from the date of the last entry.

 

The employer is obliged to:

1. Update the results of tests and measurements of the harmful factor(s) to the test and measurement card on an ongoing basis.

2. In case of exceeding the action value, plan and take actions to reduce occupational risk, and provide individual protection.

3. Assess the occupational risk related to the exposure of workers to mechanical vibrations resulting from the features of the workplace and the means or work processes used in specific conditions with particular regard to:

    • The level and type of exposure (including mechanical vibrations of intermittent and repeated shocks).
    • Duration of exposure (including overtime).
    • Limit values ​​and operating thresholds.
    • Effects on the health and safety of employees, including those belonging to particular risk groups.
    • Effects resulting from  interactions between noise and mechanical vibrations
    • Information on the level of emission of mechanical vibrations supplied by the producer of work means.
    • Existence of alternative work measures with limited vibration emission.
    • Information obtained as a result of preventive medical examinations of employees.
    • Availability of personal protective equipment.
    • Indirect effects on the health and safety of the worker, resulting from the impact of mechanical vibrations on the work or workplace, such as disturbances in the stability of the structure or joints, difficult operation of control elements, irregularities in the readings of the measuring apparatus.
    • The impact of low temperatures and increased humidity on workers exposed to vibrations, especially hand-arm.

Assessment of occupational risk should be documented and made whenever there are changes in the conditions of work performance or if such necessity is demonstrated by the results of preventive medical examinations.

4. Eliminate at the source the occupational risk associated with exposure to mechanical vibrations or limit them to the lowest possible level, taking into account available technical solutions and scientific and technical progress. After exceeding the action value, the employer is required to draw up and implement a program of organizational and technical measures aimed at limiting the exposure to vibrations, consisting of:

    • Avoiding processes or working methods that cause exposure to mechanical vibrations and replace them with other ones, resulting in lower exposure.
    • Selection of work measures with the lowest possible level of mechanical vibration emission.
    • Limiting exposure to mechanical vibrations with technical means (materials, elements and systems insulating and damping vibrations including shock-absorbing seats, handles and anti-vibration gloves).
    • Designing of workplaces and placement of workplaces in a way that allows isolation from sources of mechanical vibrations and limiting the simultaneous impact of many sources on the employee.
    • Maintenance of work equipment, construction objects, devices and systems insulating and damping mechanical vibrations and other collective protection measures.
    • Informing and training employees regarding the correct and safe use of labor resources.
    • Limiting the time and level of exposure and the number of people exposed to mechanical vibrations by proper organization of work, in particular the use of reduced time or work interruptions and rotation at workplaces.

5. If the quantities characterizing mechanical vibrations exceed the thresholds of operation and there is a need for protection against cold and moisture, provide for workers exposed to whole-body vibration protective clothing, and workers exposed to hand-arm vibration - protective gloves.

6. In case of individual exposure to vibrations exceeding the limit value:

    • Take immediate action to limit individual exposure below the limit value.
    • Determine the causes for the occurrence of high individual exposure.
    • Choose protective measures and take preventive actions to avoid the repeated occurrence of individual exposure exceeding the limit value.

7. Employees exposed to vibrations provide information and training in the field relating to the results of occupational risk assessment, in particular regarding:

    • The level of occupational risk, the type of threats posed and their potential effects.
    • Measures necessary to eliminate or reduce occupational risks and the circumstances in which such measures should be applied.
    • Limit values ​​and action values for vibrations.
    • Results of tests and measurements of vibrations, assessment of their intensity and type of impact on the body and possible impact on health.
    • Causes of diseases caused by the impact of vibrations on the body, their symptoms and methods of detection and possible measures of medical prophylaxis.
    • Preventive health care, including medical examinations of employees.
    • Safe ways of doing work, minimizing exposure to mechanical vibrations.
    • Proper use of personal protective equipment against vibrations.

The employer is also obliged to refer the employee to preliminary, periodic and control medical examinations as well as to cover the costs of these examinations.