Official Journal of the European Communities

(c) the employer shall:

-- review the risk assessment carried out pursuant to

Article 4,

-- review the measures provided for to eliminate or reduce

risks pursuant to Article 5,

Article 8

-- take into account the advice of the occupational health-

care professional or other suitably qualified person or

the competent authority in implementing any measures

required to eliminate or reduce risk in accordance with

1.

Without prejudice to Article 14 of Directive 89/391/EEC,

Article 5, including the possibility of assigning the

Member States shall adopt provisions to ensure the appropriate

worker to alternative work where there is no risk of

health surveillance of workers with reference to the outcome of

further exposure, and

the risk assessment provided for in Article 4(1) of this Directive

-- arrange continued health surveillance and provide for a

where it indicates a risk to their health. Those provisions,

review of the health status of any other worker who has

including the requirements specified for health records and

their availability, shall be introduced in accordance with

been similarly exposed. In such cases, the competent

national laws and/or practice.

doctor or occupational health care professional or the

competent authority may propose that exposed persons

undergo a medical examination.

Health surveillance, the results of which are taken into account

in the application of preventive measures at a specific work-

place, shall be intended to prevent and diagnose rapidly any

disorder linked with exposure to mechanical vibration. Such

surveillance shall be appropriate where:

Article 9

-- the exposure of workers to vibration is such that a link can

be established between that exposure and an identifiable

illness or harmful effects on health,

-- it is probable that the illness or the effects occur in a

With regard to implementation of the obligations laid down in

worker's particular working conditions, and

Article 5(3), Member States, after consultation of the two sides

of industry in accordance with national legislation or practice,

-- there are tested techniques for the detection of the illness or

shall be entitled to make use of a maximum transitional period

the harmful effects on health.

of five years from 6 July 2005 where work equipment is used

which was given to workers before 6 July 2007 and which does

In any event, workers exposed to mechanical vibration in

not permit the exposure limit values to be respected, taking

excess of the values stated in Article 3(1)(b) and (2)(b) shall be

into account the latest technical advances and/or the organisa-

entitled to appropriate health surveillance.

tional measures taken. With regard to equipment used in the

agriculture and forestry sectors, Member States shall be entitled

2.

Member States shall establish arrangements to ensure that,

to extend the maximum transitional period by up to four years.

for each worker who undergoes health surveillance in accor-

dance with paragraph 1, individual health records are made and

kept up-to-date. Health records shall contain a summary of the

results of the health surveillance carried out. They shall be kept

in a suitable form so as to permit any consultation at a later

Article 10

date, taking into account any confidentiality.

Copies of the appropriate records shall be supplied to the

competent authority on request. The individual worker shall, at

his request, have access to the health records relating to him

1.  In compliance with the general principles of health and

safety protection for workers, Member States may, in the case

of sea and air transport, derogate from Article 5(3) in duly justi-

3.

Where, as a result of health surveillance, a worker is

fied circumstances with respect to whole-body vibration where,

found to have an identifiable disease or adverse health effect

given the state of the art and the specific characteristics of

which is considered by a doctor or occupational health-care

workplaces, it is not possible to comply with the exposure limit

professional to be the result of exposure to mechanical vibra-

value despite the technical and/or organisation measures taken.

tion at work:

2.  In a case where the exposure of a worker to mechanical

(a) the worker shall be informed by the doctor or other

vibration is usually below the exposure action values given in

suitably qualified person of the result which relates to him

Article 3(1)(b) and (2)(b) but varies markedly from time to time

personally. He shall, in particular, receive information and

and may occasionally exceed the exposure limit value, Member

advice regarding any health surveillance which he should

States may also grant derogations from Article 5(3). However,

undergo following the end of exposure;

the exposure value averaged over 40 hours must be less than

the exposure limit value and there must be evidence to show

(b) the employer shall be informed of any significant findings

that the risks from the pattern of exposure to the work are

from the health surveillance, taking into account any

lower than those from exposure at the exposure limit value.

medical confidentiality.