A new approach to the physical agents at work directive results in progress on vibration and on noise. Tina Garrity reports

Long-time readers of "EU news" will recall that in 1993, the Commission published a proposal on the exposure of workers to risks arising from physical agents at work. The proposal was intended to cover agents such as noise, vibration, optical radiation and non-optical electromagnetic radiation. Other agents, such as work in extreme temperatures or reduced atmospheric pressures, might be added later. No progress was made on the proposal and eventually member states resolved that a better approach would be to try and introduce specific directives on each of the target agents, but still under the "physical agents" banner.

DRAFT VIBRATION DIRECTIVE
Vibration was the first agent to be tackled, with the German Presidency putting forward a proposal for a vibration directive in 1999. This gained support among the various member states and, following the usual negotiations, a common position was reached on 25 June this year. The common position text was considered by the European Parliament in October, and amendments were put forward. The vibration directive, if adopted, will be the sixteenth directive to be issued under the 1989 framework directive on health and safety at work. It requires employers to assess and, if necessary, measure the levels of mechanical vibration to which workers are exposed at suitable intervals. Details of the assessment and measurement methods to be used are contained in an annex to the directive. These must conform to the relevant parts of ISO Standard 5349-1 (2001). Data obtained must be preserved in a suitable form so it can be consulted at a later stage. The directive covers both hand-arm and whole-body vibration and sets out daily exposure limit values and action values, standardised to an eight-hour reference period for both.

EXPOSURE VALUES
For hand-arm vibration, the values set out in the common position text of June 2001 are as follows: - exposure limit value: 5m/s2 - exposure action value: 2.5m/s2 For whole-body vibration the values are as follows: - exposure limit value: 1.15m/s2; or vibration dose value: 21m/s1.75 - exposure action value: 0.6m/s2; or vibration dose value: 11m/s1.75 The European Parliament would like the values for whole-body vibration amended to: - 0.8m/s2 (14.6m/s1.75) and 0.5m/s2 (8.5m/s1.75)

ASSESSMENTS AND REDUCTION PROGRAMMES
When conducting their assessments, employers would be required to pay particular attention to a number of areas including: the level, type and duration of exposure, including any exposure to intermittent or repeated shocks; any effects concerning workers at particularly sensitive risk; any indirect effects resulting from interactions with other work equipment; and specific working conditions such as low temperatures. If the exposure action values expressed in the directive are exceeded, the employer must establish and implement a programme of exposure reduction measures. This may include different working methods, better equipment, use of auxiliary equipment such as seats which effectively reduce whole-body vibration (MEPs suggest equipment fitted with vibration reducing handles), appropriate maintenance programmes for equipment and systems, and design and layout of workspaces. Other solutions listed include: training and instruction; limitation of duration and intensity of exposure; appropriate work schedules with adequate rest periods; and the provision of clothing to protect exposed workers from cold and damp. In any event, workers must not be exposed above the exposure limit value.

TRAINING AND HEALTH SURVEILLANCE
The directive requires employers to give exposed workers information and training on the outcome of the risk assessment. In particular, they must be told of the exposure values which apply, the measures taken under the directive to eliminate or reduce risks, why and how to detect and report signs of injury, the circumstances under which they are entitled to health surveillance and the safe working practices to minimise exposure. Appropriate health surveillance must be provided where the risk assessment reveals a risk to workers' health. Surveillance will be appropriate where a link can be established between a particular exposure and an identifiable health effect, where it is probable that illness or effects occur in a worker's particular working conditions and where there are tested techniques for the detection of the illness or harmful health effects. In any event, all workers exposed at levels above the action value level shall be entitled to appropriate health surveillance. Individual health records must be established, kept up-to-date and supplied to the competent authority. Workers must be given access to their personal record upon request. Where health problems are detected as a result of surveillance, the worker must be given the results, along with information and advice regarding any health surveillance they should undergo following exposure. The employer must then review the risk assessment, review the measures already taken and take into account the advice of the occupational health professional or other suitably qualified person or the competent authority on measures to eliminate or reduce the risk. This includes the possibility of assigning the worker to alternative work where there is no further risk of exposure. Last, they must arrange for continued health surveillance and for a review of the health status of any other worker similarly exposed. In such cases, the above mentioned professionals may propose that exposed persons undergo a medical examination.

DEROGATIONS
The text includes derogations on the whole-body exposure action value for the sea and air transport sectors (MEPs want this extended to forestry and agriculture). It includes a six year transitional period for existing work equipment which does not permit the exposure limit values to be respected (MEPs want five years). Member states may also derogate for workers whose exposure only occasionally goes above the exposure limit value. But only where the value averaged over 40 hours is less than the exposure limit value and there is evidence to show that the risks from the pattern of exposure are lower than those from exposure at the exposure limit value.

REPORTING
Every five years, member states must report to the Commission on their implementation of the directive. The Parliament would like to see included in the report a description of best practice measures applied to prevent harmful vibrations and details of how such best practice has been communicated within the member state. Common Position (EC) No 26/2001 of 25 June 2001 ...on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (vibration) (16th individual directive within the meaning of Article 16(1) of Directive 89/391/EEC) OJ C 301. 26.10.01 pp 1-13. Contact Jeane Anderson. Tel: 020 7717 6275 or e-mail: jeane.anderson@hse.gsi.gov.uk

OTHER NEWS

DRAFT NOISE DIRECTIVE
Following the successful application of the new approach to physical agents in the case of vibration, the Swedish Presidency in the first half of this year issued a proposal on noise. Unlike vibration, noise already has its own directive - 86/188/EEC on the protection of workers from the risks related to exposure to noise at work. Rather than simply amend the existing directive, the Swedish proposal seeks to consolidate and repeal it. It has proved controversial, largely because it could be costly to implement. Among other things, the original Swedish text proposed reducing the action values of 90 db(A) and 85 dB(A) to a limit value of 85 dB(A) and an action value of 80 dB(A), with a lower action value of 112 Pa for impulse noise, as opposed to 200 Pa. Despite the concerns expressed by member states, the Swedes were keen to get agreement on the proposal, and at one point were said to be holding weekly meetings on the proposal. Eventually, they succeeded in getting political agreement on a common position text in June, which was confirmed in late October. At time of writing, the common position text has not yet been published but details can be obtained from the HSE.