REGULATORY IMPACT ASSESSMENT (FULL)
THE DRAFT CONTROL OF VIBRATION AT WORK
REGULATIONS 2005
ISSUE AND OBJECTIVES
1.
The Regulations aim to protect workers from risks to their health resulting
from exposure to vibration transmitted to the hand-arm (HAV) and whole body
(WBV).
They transpose into British legislation European Directive 2002/44/EC.
The objective of the Directive is to ensure the health and safety of individual workers
and to provide a minimum level of protection to workers across the European Union
in order to avoid possible distortions of competition.
2.
The Regulations will place a range of duties on employers including a
requirement to assess the risks to their employees from vibration, to reduce their
exposure to vibration and to provide them with information and training on the
hazard. A wide range of industries and occupations are affected, in particular
agriculture, construction, mines and quarries, engineering, forestry, public utilities
and shipbuilding, aircraft and vehicle manufacture and repair.
3.
Currently there are no British health and safety regulations that deal
specifically with the risks from vibration. However, general health and safety
legislation exists which covers this and other forms of health risk.
4 This Regulatory Impact Assessment looks at the requirements for HAV and WBV
in separate chapters because the two hazards are quite different in the work
processes and industries where they are found, the health effects they produce and
the ways they can be controlled. The HAV chapter begins on page 2 and the WBV
chapter on page16. An overall summary with recommendations is provided at page
31.
Results of public consultation
5.
The Health and Safety Commission published two consultative documents on
17 November 2003 on the proposed vibration regulations, relating to hand-arm
vibration and whole-body vibration respectively. The consultation period ended 31
March 2004.
6.
One of the main areas of concern raised by consultees was the potential for
employers to conclude that they needed to undertake complicated vibration
measurements, or to engage consultants to do this for them. Other concerns were
that relevant published vibration data would be difficult to find and that risk
assessments would take longer to do than HSE guidance suggested. Many wanted
HSE to produce simple and practical guidance on the regulations and how to comply
with them. There was also a demand for the guidance to employers to avoid any
technical material, jargon or mathematical formulae.
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