Common Position (EC) No 26/2001 of 25 June 2001 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a Directive of the European Parliament and of the Council 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)
Date: 2001-06-25
Institutions: Council of the European Union
Subjects: accident prevention, dissemination of information, humanisation of work, occupational health, occupational safety, worker participation

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I

(Information)

COUNCIL

COMMON POSITION (EC) No 26/2001

adopted by the Council on 25 June 2001

with a view to adopting Directive 2001/.../EC of the European Parliament and of the Council of ...
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)

(2001/C 301/01)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 137(2) thereof,

from the Commission (1),
Having regard to the proposal
submitted after consultation with the Advisory Committee on
Safety, Hygiene and Health Protection at Work,

Having regard to the opinion of the Economic and Social
Committee (2),

Having consulted the Committee of the Regions,

Acting in accordance with the procedure laid down in
Article 251 of the Treaty (3),

Whereas:

(1)

Under the Treaty the Council may, by means of direc-
tives, adopt minimum requirements for encouraging
improvements, especially in the working environment,
to guarantee a better level of protection of the health
and safety of workers. Such directives are to avoid

(1) OJ C 77, 18.3.1993, p. 12, OJ C 230, 19.8.1994, p. 3.
(2) OJ C 249, 13.9.1993, p. 28.
(3) European Parliament opinion of 20 April 1994 (OJ C 128,
9.5.1994, p. 146) confirmed on 16 September 1999 (OJ C 54,
25.2.2000, p. 75), Council Common Position of 25 June 2001
and European Parliament Decision of ... (not yet published in the
Official Journal).

(2)

(3)

imposing administrative, financial and legal constraints
in a way which would hold back the creation and
development of small and medium-sized undertakings.

The communication from the Commission concerning
its action programme relating to the implementation of
the Community Charter of
the Fundamental Social
Rights of Workers provides for the introduction of
minimum health and safety requirements regarding the
exposure of workers to the risks caused by physical
agents. In September 1990 the European Parliament
adopted a resolution concerning this action pro-
gramme (4),
inviting the Commission in particular to
draw up a specific directive on the risks caused by noise
and vibration and by any other physical agent at the
workplace.

As a first step, it is considered appropriate to introduce
measures protecting workers from the risks arising from
vibrations owing to their effects on the health and
safety of workers, in particular muscular/bone structure,
neurological and vascular disorders. These measures are
intended not only to ensure the health and safety of each
worker on an individual basis, but also to create a
minimum basis of protection for all Community workers
in order to avoid possible distortions of competition.

(4) OJ C 260, 15.10.1990, p. 167.

(4)

(5)

(6)

(7)

(8)

(9)

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This Directive lays down minimum requirements, thus
giving Member States the option of maintaining or
adopting more favourable provisions for the protection
of workers, in particular the fixing of lower values for
the daily action value or the daily exposure limit value
for vibrations. The implementation of this Directive
should not serve to justify any regression in relation to
the situation which already prevails in each Member
State.

(11) The measures necessary for the implementation of this
Directive should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down
the procedures for the exercise of implementing powers
conferred on the Commission (2),

HAVE ADOPTED THIS DIRECTIVE:

A system of protection against vibration must limit itself
to a definition, free of excessive detail, of the objectives
to be attained, the principles to be observed and the
fundamental values to be used,
in order to enable
Member States to apply the minimum requirements in
an equivalent manner.

The level of exposure to vibration can be more effectively
reduced by incorporating preventive measures into the
design of work stations and places of work and by
selecting work equipment, procedures and methods so
as to give priority to reducing the risks at source.
Provisions relating to work equipment and methods thus
contribute to the protection of the workers involved.

Employers should make adjustments in the light of
technical progress and scientific knowledge regarding
risks related to exposure to vibration, with a view to
improving the safety and health protection of workers.

In the case of sea and air transport, given the current
state of the art it is not possible to comply in all
circumstances with the exposure limit values for whole-
body vibration; provision should therefore be made for
duly justified exemptions in some cases.

of Article

Since this Directive is an individual Directive within the
of Council Direc-
16(1)
meaning
tive 89/391/EEC of 12 June 1989 on the introduction
of measures to encourage improvements in the safety
and health of workers at work (1), that Directive therefore
applies to the exposure of workers to vibration, without
prejudice to more stringent and/or specific provisions
contained in this Directive.

SECTION I

GENERAL PROVISIONS

Article 1

Aim and scope

1.
This Directive, which is the 16th individual Directive
within the meaning of Article 16(1) of Directive 89/391/EEC,
lays down minimum requirements for the protection of
workers from risks to their health and safety arising or likely
to arise from exposure to mechanical vibration.

2.
The requirements of this Directive shall apply to activities
in which workers are or are likely to be exposed to risks from
mechanical vibration during their work.

3.
Directive 89/391/EEC shall apply fully to the whole area
referred to in paragraph 1, without prejudice to more stringent
and/or more specific provisions contained in this Directive.

Article 2

Definitions

For the purposes of this Directive, the following terms shall
mean:

(a)

(b)

‘hand-arm vibration’: the mechanical vibration that, when
transmitted to the human hand-arm system, entails risks
to the health and safety of workers, in particular vascular,
bone or joint, neurological or muscular disorders;

‘whole-body vibration’: the mechanical vibration that,
when transmitted to the whole body, entails risks to the
health and safety of workers, in particular lower-back
morbidity and trauma of the spine.

(10) This Directive constitutes a practical step towards cre-
ating the social dimension of the internal market.

(1) OJ L 183, 29.6.1989, p. 1.

(2) OJ L 184, 17.7.1999, p. 23.

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Article 3

Exposure limit values and action values

types of equipment used in the particular conditions of use,
including such information provided by the manufacturer of
the equipment. That operation shall be distinguished from
measurement, which requires the use of specific apparatus and
appropriate methodology.

1.

For hand-arm vibration:

(a)

(b)

the daily exposure limit value standardised to an eight-
hour reference period shall be 5 m/s2;

the daily exposure action value standardised to an eight-
hour reference period shall be 2,5 m/s2.

Workers’ exposure to hand-arm vibration shall be assessed or
measured on the basis of the provisions of point 1 of part A
of the Annex.

2.

For whole-body vibration:

(a)

(b)

the daily exposure limit value standardised to an eight-
hour reference period shall be 1,15 m/s2 or, at the choice
of the Member State concerned, a vibration dose value
of 21 m/s1,75;

the daily exposure action value standardised to an eight-
hour reference period shall be 0,6 m/s2 or, at the choice
of the Member State concerned, a vibration dose value
of 11 m/s1,75.

Workers’ exposure to whole-body vibration shall be assessed
or measured on the basis of the provisions of point 1 of part B
of the Annex.

SECTION II

OBLIGATION OF EMPLOYERS

Article 4

3.
The assessment and measurement referred to in para-
graph 1 shall be planned and carried out by competent services
at suitable intervals, taking particular account of the provisions
of Article 7 of Directive 89/391/EEC concerning the necessary
competent services or persons. The data obtained from the
assessment and/or measurement of the level of exposure to
mechanical vibration shall be preserved in a suitable form so
as to permit consultation at a later stage.

Pursuant to Article 6(3) of Directive 89/391/EEC, the
4.
employer shall give particular attention, when carrying out the
risk assessment, to the following:

(a)

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

(b)

the exposure limit values and the exposure action values
laid down in Article 3 of this Directive;

(c)

any effects concerning the health and safety of workers
at particularly sensitive risk;

(d)

(e)

any indirect effects on worker safety resulting from
interactions between mechanical vibration and the work-
place or other work equipment;

information provided by the manufacturers of work
equipment in accordance with the relevant Community
Directives;

Determination and assessment of risks

(f)

the existence of replacement equipment designed to
reduce the levels of exposure to mechanical vibration;

In carrying out the obligations laid down in Articles 6(3)
1.
and 9(1) of Directive 89/391/EEC, the employer shall assess
and, if necessary, measure the levels of mechanical vibration
to which workers are exposed. Measurement shall be carried
out in accordance with point 2 of part A or point 2 of part B
of the Annex to this Directive, as appropriate.

2.
The level of exposure to mechanical vibration may be
assessed by means of observation of specific working practices
and reference to relevant information on the probable magni-
tude of the vibration corresponding to the equipment or the

(g)

the extension of exposure to whole-body vibration
beyond normal working hours under the employer’s
responsibility;

(h)

specific working conditions such as low temperatures;

(i)

appropriate information obtained from health surveil-
lance, including published information, as far as possible.

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5.
The employer shall be in possession of an assessment of
the risk in accordance with Article 9(1)(a) of Direc-
tive 89/391/EEC and shall identify which measures must be
taken in accordance with Articles 5 and 6 of this Directive.
The risk assessment shall be recorded on a suitable medium,
according to national
it may include a
justification by the employer that the nature and extent of the
risks related to mechanical vibration make a further detailed
risk assessment unnecessary. The risk assessment shall be kept
up-to-date on a regular basis, particularly if there have been
significant changes which could render it out-of-date, or when
the results of health surveillance show it to be necessary.

law and practice;

Article 5

Provisions aimed at avoiding or reducing exposure

1.
Taking account of technical progress and of the avail-
ability of measures to control the risk at source, the risks arising
from exposure to mechanical vibration shall be eliminated at
their source or reduced to a minimum.

The reduction of such risks shall be based on the general
principles of prevention set out in Article 6(2) of Direc-
tive 89/391/EEC.

On the basis of

2.
the risk assessment referred to in
Article 4, once the exposure action values laid down in
Article 3(1)(b) and (2)(b) are exceeded, the employer shall
establish and implement a programme of technical and/or
organisational measures intended to reduce to a minimum
exposure to mechanical vibration and the attendant risks,
taking into account in particular:

(a)

(b)

(c)

other working methods that require less exposure to
mechanical vibration;

the choice of appropriate work equipment of appropriate
ergonomic design and, taking account of the work to be
done, producing the least possible vibration;

the provision of auxiliary equipment that reduces the
risk of injuries caused by vibration, such as seats that
effectively reduce whole-body vibration;

(d)

appropriate maintenance programmes for work equip-
ment, the workplace and workplace systems;

(e)

the design and layout of workplaces and work stations;

(f)

adequate information and training to instruct workers to
use work equipment correctly and safely in order to
reduce their exposure to mechanical vibration to a
minimum;

(g)

limitation of the duration and intensity of the exposure;

(h)

appropriate work schedules with adequate rest periods;

(i)

the provision of clothing to protect exposed workers
from cold and damp.

In any event, workers shall not be exposed above the

3.
exposure limit value.

the exposure limit value is exceeded,

If, despite the measures taken by the employer to implement
this Directive,
the
employer shall take immediate action to reduce exposure
below the exposure limit value. He shall identify the reasons
why the exposure limit value has been exceeded, and shall
amend the protection and prevention measures accordingly in
order to prevent it being exceeded again.

4.
Pursuant to Article 15 of Directive 89/391/EEC, the
employer shall adapt the measures referred to in this Article to
the requirements of workers at particular risk.

Article 6

Worker information and training

Without prejudice to Articles 10 and 12 of Directive
89/391/EEC, the employer shall ensure that workers who are
exposed to the risks from mechanical vibration at work and/or
their representatives receive information and training relating
to the outcome of
the risk assessment provided for in
Article 4(1) of this Directive, concerning in particular:

(a)

the measures taken to implement this Directive in order
to eliminate or reduce to a minimum the risks from
mechanical vibration;

(b)

the exposure limit values and the exposure action values;

(c)

the results of the assessment and measurement of the
mechanical vibration carried out in accordance with
Article 4 of this Directive and the potential injury arising
from the work equipment in use;

(d) why and how to detect and report signs of injury;

(e)

(f)

the circumstances in which workers are entitled to health
surveillance;

safe working practices to minimise exposure to mechan-
ical vibration.

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Article 7

Consultation and participation of workers

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
personally.

Consultation and participation of workers and/or of their
representatives shall take place in accordance with Article 11
of Directive 89/391/EEC on the matters covered by this
Directive.

SECTION III

MISCELLANEOUS PROVISIONS

Article 8

Health surveillance

1. Without prejudice to Article 14 of Directive 89/391/EEC,
Member States shall adopt provisions to ensure the appropriate
health surveillance of workers with reference to the outcome
of the risk assessment provided for in Article 4(1) of this
Directive where it indicates a risk to their health. Those
provisions,
including the requirements specified for health
records and their availability, shall be introduced in accordance
with national laws and/or practice.

the results of which are taken into
Health surveillance,
account in the application of preventive measures at a specific
workplace, shall be intended to prevent and diagnose rapidly
any disorder linked with exposure to mechanical vibration.
Such surveillance shall be appropriate where:

— 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

worker’s particular working conditions and

— there are tested techniques for the detection of the illness

or the harmful effects on health.

In any event, workers exposed to mechanical vibration in
excess of the values stated in Article 3(1)(b) and (2)(b) shall be
entitled to appropriate health surveillance.

2. Member States shall establish arrangements to ensure
that, for each worker who undergoes health surveillance in
accordance 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.
in a suitable form so as to permit
They shall be kept
any consultation at a later date, taking into account any
confidentiality.

3. Where, as a result of health surveillance, a worker is
found to have an identifiable disease or adverse health effect
which is considered by a doctor or occupational health-care
professional
to be the result of exposure to mechanical
vibration at work:

(a)

the worker shall be informed by the doctor or other
suitably qualified person of the result which relates to
him personally. He shall, in particular, receive information
and advice regarding any health surveillance which he
should undergo following the end of exposure;

(b)

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,

— 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 Article 5, including the possibility
of assigning the worker to alternative work where
there is no risk of further exposure, and

— arrange continued health surveillance and provide
for a review of the health status of any other worker
In such cases,
who has been similarly exposed.
the competent doctor or occupational health-care
professional or the competent authority may pro-
pose that exposed persons undergo a medical exam-
ination.

Article 9

Transitional periods

With regard to implementation of the obligations laid down
in Article 5(3), Member States shall be entitled to make use of
a maximum transitional period of six years from ... (*) where
work equipment
is used which was given to workers
before ... (**) and which does not permit the exposure limit
values to be respected, taking into account the latest technical
advances and/or the organisational measures taken.

(*) Three years after the entry into force of this Directive.
(**) Six years after the entry into force of this Directive.

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With regard to equipment used in the agriculture and forestry
sectors, Member States shall be entitled to extend the maximum
transitional period by up to three years.

Article 10

Derogations

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
justified circumstances with respect to whole-body vibration
where, given the state of the art and the specific characteristics
of workplaces, it is not possible to comply with the exposure
limit value despite the technical and/or organisation measures
taken.

2.
In a case where the exposure of a worker to mechanical
vibration is usually below the exposure values given in
Article 3(1)(b) and (2)(b) but varies markedly from time to
time and may occasionally exceed the exposure limit value,
Member States may also grant derogations from Article 5(3).
However, the exposure value averaged over 40 hours must be
less than the exposure limit value and there must be evidence
to show that the risks from the pattern of exposure to the
work are lower than those from exposure at the exposure limit
value.

3.
The derogations referred to in paragraphs 1 and 2 shall
be granted by Member States following consultation with both
sides of industry in accordance with national laws and practice.
Such derogations must be accompanied by conditions which
guarantee, taking into account the special circumstances, that
the resulting risks are reduced to a minimum and that the
workers concerned are subject to increased health surveillance.
Such derogations shall be reviewed every four years and
withdrawn as soon as the justifying circumstances no longer
obtain.

4.
Every four years Member States shall forward to the
Commission a list of derogations as referred to in paragraphs 1
and 2, indicating the exact reasons and circumstances which
made them decide to grant the derogations.

Article 11

Technical amendments

Amendments to the Annex of a strictly technical nature in line
with:

(a)

(b)

the adoption of Directives in the field of
technical
harmonisation and standardisation with regard to the
design, building, manufacture or construction of work
equipment and/or workplaces,

technical progress, changes in the most appropriate
harmonised European standards or specifications and
new findings concerning mechanical vibration

shall be adopted in accordance with the regulatory procedure
laid down in Article 12(2).

Article 12

Committee

The Commission shall be assisted by the Committee

1.
referred to in Article 17(2) of Directive 89/391/EEC.

2. Where reference is made to this paragraph, Articles 5
and 7 of Decision 1999/468/EC shall apply, having regard to
the provisions of Article 8 thereof.

The period referred to in Article 5(6) of Decision 1999/468/EC
shall be set at three months.

3.

The Committee shall adopt its rules of procedure.

SECTION IV

FINAL PROVISIONS

Article 13

Reports

Every five years Member States shall provide a report to the
Commission on the practical implementation of this Directive,
indicating the points of view of both sides of industry.

On the basis of those reports, the Commission shall inform
the European Parliament, the Council, the Economic and Social
Committee and the Advisory Committee on Safety, Hygiene
and Health Protection at Work thereof.

Article 14

Transposition

The Member States shall bring into force the laws,
1.
regulations and administrative provisions necessary to comply
with this Directive no later than ... (*). They shall forthwith
inform the Commission thereof.

When Member States adopt these measures, they shall contain
a reference to this Directive or shall be accompanied by such
reference on the occasion of their official publication. The
methods of making such reference shall be laid down by
Member States.

(*) Three years after the entry into force of this Directive.

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2. Member States shall communicate the provisions of
national law which they adopt or have already adopted in the
field covered by this Directive to the Commission.

Article 16

Addressees

Article 15

Done at ...

This Directive is addressed to the Member States.

This Directive shall enter into force on the day of its publication
in the Official Journal of the European Communities.

For the European Parliament

The President

For the Council

The President

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ANNEX

A. HAND-ARM VIBRATION

1.

Assessment of exposure

The assessment of the level of exposure to hand-arm vibration is based on the calculation of the daily exposure
value normalised to an eight-hour reference period A(8), expressed as the square root of the sum of the squares
(r.m.s.) (total value) of the frequency-weighted acceleration values, determined on the orthogonal axes ahwx,
ahwy, ahwz as defined in Chapters 4 and 5 and Annex A to ISO standard 5349-1(2001).

The assessment of the level of exposure may be carried out on the basis of an estimate based on information
provided by the manufacturers concerning the level of emission from the work equipment used, and based on
the observation of specific work practices or on measurement.

2. Measurement

When measurement is employed in accordance with Article 4(1):

(a)

(b)

the methods used may include sampling, which must be representative of the personal exposure of a
worker to the mechanical vibration in question; the methods and apparatus used must be adapted to the
particular characteristics of the mechanical vibration to be measured, to ambient factors and to the
characteristics of the measuring apparatus, in accordance with ISO standard 5349-2(2001);

in the case of devices which need to be held with both hands, measurements must be made on each hand.
The exposure is determined by reference to the higher value of the two; information for the other hand
shall also be given.

3.

Interference

Article 4(4)(d) will apply, in particular where the mechanical vibration interferes with the proper handling of
controls or reading of indicators.

4.

Indirect risks

Article 4(4)(d) will apply in particular when the mechanical vibration interferes with the stability of structures
or the security of joints.

5.

Individual protectors

Personal protective equipment against hand-arm vibration may contribute to the programme of measures
referred to in Article 5(2).

B. WHOLE-BODY VIBRATION

1.

Assessment of exposure

The assessment of the level of exposure to vibration is based on the calculation of daily exposure A(8) expressed
as equivalent continuous acceleration over an eight-hour period, calculated as the highest (r.m.s.) value, or the
highest vibration dose value (VDV) of the frequency-weighted accelerations, determined on three orthogonal
axes (1,4awx, 1,4awy, awz for a seated or standing worker) in accordance with Chapters 5, 6 and 7, Annex A and
Annex B to ISO standard 2631-1(1997).

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The assessment of the level of exposure may be carried out on the basis of an estimate based on information
provided by the manufacturers concerning the level of emission from the work equipment used, and based on
observation of specific work practices or on measurement.

In the case of maritime shipping, Member States may consider only vibrations of a frequency exceeding 1 Hz.

2. Measurement

When measurement is employed in accordance with Article 4(1), the methods used may include sampling,
which must be representative of the personal exposure of a worker to the mechanical vibration in question.
The methods used must be adapted to the particular characteristics of the mechanical vibration to be measured,
to ambient factors and to the characteristics of the measuring apparatus.

3.

Interference

Article 4(4)(d) will apply, in particular where the mechanical vibration interferes with the proper handling of
controls or reading of indicators.

4.

Indirect risks

Article 4(4)(d) will apply, in particular when the mechanical vibration interferes with the stability of structures
or the security of joints.

5.

Extension of exposure

Article 4(4)(g) will apply, in particular where, owing to the nature of the activity, a worker benefits from the
use of rest facilities supervised by the employer; exposure to whole-body vibration in those facilities must be
reduced to a level compatible with their purpose and conditions of use, except in cases of ‘force majeure’.

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STATEMENT OF THE COUNCIL’S REASONS

I.

INTRODUCTION

On 8 February 1993 the Commission submitted to the Council, on the basis of Article 118a of the
Treaty establishing the European Community, a proposal for a Council Directive on the minimum
health and safety requirements regarding the exposure of workers to the risks arising from physical
agents.

The proposal was intended to supplement Directive 89/391/EEC by explaining the way in which
some of its provisions were to apply in the specific case of exposure to physical agents. It covered
all activities where workers may be subject to risks arising from such exposure, with the exception
of certain specific public service or civil protection situations.

The European Parliament and the Economic and Social Committee delivered their opinions on
20 April and 30 June 1993 respectively.

The Commission submitted an amended proposal on 8 July 1994.

Following the entry into force of the Amsterdam Treaty, the legal basis has changed from ex-
Article 118a to Article 137(2), which provides for co-decision with the European Parliament and
consultation of the Committee of the Regions.

The Committee of the Regions stated in a letter dated 13 January 2000 that it would not be
submitting an opinion on the proposal for a Directive.

The main feature of the proposal was that it combined in a single instrument four types of physical
agents (noise, mechanical vibration, optical radiation, electromagnetic fields and waves), each of
which would have been the subject of a separate annex.

However, the Council’s general approach, which was accepted by the Commission, consisted in
focusing initially, in view of the technical difficulties regarding the other physical agents, on the one
element (vibration) for which an agreement could be found within a reasonable period of time,
without abandoning the other parts, which remain on the table before the Council. In this respect,
the Council confirms in a statement for the minutes its commitment to continuing its examination
of the Commission proposal on the other physical agents (noise, optical radiation, electromagnetic
fields and waves).

The Council adopted a Common Position on 25 June 2001, in accordance with the procedure laid
down in Article 251 of the Treaty.

II. OBJECTIVE

The proposal for a Directive, after being split by the Council, aims to help improve protection of the
health and safety of workers from risks arising from exposure to mechanical vibrations.

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III. ANALYSIS OF THE COMMON POSITION

1.

GENERAL OBSERVATIONS

‘may adopt, by means of directives,
Article 137(2) of the Treaty states that the Council:
minimum requirements for gradual implementation, having regard to the conditions and
technical rules obtaining in each of the Member States’.

The Council Common Position is in accordance with the objectives of Article 137(2) of the
Treaty in the area covered, since it is designed to introduce minimum requirements to protect
the health and safety of workers from the risks arising from exposure to mechanical vibrations.

Furthermore, the Common Position respects the objectives put forward by the Commission
and supported by Parliament, while introducing a number of amendments to the amended
Commission proposal.

The Common Position fixes exposure limit values for hand-arm vibrations and whole-body
vibrations, which must not be exceeded under any circumstances, as well as exposure action
values for determining which preventive measures are required to reduce the risks to which the
workers are exposed.

The preventive measures adopted in the Common Position are based above all on the obligation
imposed on the employer to determine and assess risks by using various methods to assess the
level of exposure to mechanical vibrations. The Common Position refers specifically to the ISO
standards.

On the basis of the risk assessment, the employer is obliged to establish and implement a
programme of technical/organisational measures intended to prevent or reduce exposure, once
the exposure action values have been exceeded.

The Common Position also makes provision for detailed measures on providing information
to and training workers exposed to risks caused by vibrations, and for increased health
surveillance specifying, inter alia, that all workers are entitled to request a copy of their health
records.

On the whole, the Council Common Position is in line with the Commission proposal, despite
having a different structure from the latter as a result of the proposal being split. It includes
most of the amendments submitted after Parliament’s first reading of this part of the
Commission proposal.

The major differences vis-à-vis the Commission proposal concern the increase in the exposure
limit values and the exposure action values for whole-body vibrations, the deletion of a
threshold level, the granting of special derogations for the sea and air transport sectors and for
seasonal work and, lastly, the establishment of transitional periods for existing work equipment,
and of an additional transitional period for work equipment used in the agriculture and forestry
sectors.

2.

PARLIAMENT’S AMENDMENTS AT FIRST READING

The European Parliament’s amendments concerning vibrations, which were adopted at first
reading, are the following: 1, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17, 18, 19, 20, 21, 25, 27,
28, 29, 30, 31, 32 and 33.

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2.1. European Parliament amendments adopted by the Council

Amendments 1, 4, 5, 8, 9, 16, 17, 18, 19, 28, 30, 31 and 33 were taken up in their
entirety, if not word for word, at least in spirit, both in the amended Commission proposal
and in the Council Common Position.

In addition, the Council slightly reworded amendments 7, 10, 11, 13 and 20, which had
already been incorporated in the amended Commission proposal, but without altering the
meaning.

Amendments 21, 27, 29 and 32, which were included in the amended proposal, were not
adopted word for word in the Common Position. However, as regards the substance, the
Council maintained the provisions of the amended Commission proposal corresponding
to these amendments.

Furthermore, amendment 12, which was not included in the amended Commission
proposal, was incorporated in the Council Common Position, in slightly amended form.

The Council thus considers that in its Common Position it has broadly followed the
amendments proposed by the European Parliament as well as the amended Commission
proposal.

2.2. European Parliament amendments not adopted by the Council

The Council did not consider it advisable to adopt amendments 6, 15 and 25 in its
Common Position, nor were these adopted in the amended Commission proposal.

The reasons why the Council did not adopt these amendments are as follows:

— the threshold levels, for which a new definition is put forward in amendment 6, were
deleted. The Council considered that the deletion strengthened the text, by making
the provisions of the Directive applicable for as long as the risk exists,

— amendment 15 imposed an obligation on workers which was excessively binding
and the Council felt that health surveillance should be considered as a right, and not
as an obligation on workers, and

— the obligation on the Commission to submit a report, as laid down in amendment 25,
was already covered by the submission of the Commission’s annual implementation
report.

2.3. New provisions introduced by the Council

(a)

Structure of the Directive

The Council thought it advisable to split the proposal for a Directive on physical agents
into four individual Directives, which would deal with the four physical agents separately.

The Council considered that, firstly, given the different natures of the agents in question,
it was hardly feasible to cover them by a common instrument, even with four separate
annexes. Moreover, it considered that given the real dangers which can result from
exposure to vibrations, and the fact that knowledge of the effects of optical radiation and
of electro-magnetic fields and waves is less developed, priority should be given to the
adoption of a Directive on vibrations.

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However, in a statement for the minutes, the Council acknowledges that, as far as the
other physical agents are concerned, the amended Commission proposal remains on the
table before the Council and has thus undertaken to continue examining the other parts.

(b)

Exposure limit and exposure action values for whole-body vibrations

The daily exposure limit value for whole-body vibrations and the exposure action value
laid down in the Common Position were revised upwards with respect to the amended
Commission proposal. The values were increased from 0,7 m/s2 to 1,15 m/s2 and from
0,5 m/s2 to 0,6 m/s2 respectively.

The Council considers that the values adopted represent a fair balance between, on the
one hand, the requirement to protect the health and safety of workers and, on the other,
the need to ensure that implementation of the Directive does not entail excessive costs for
enterprises, in particular small and medium-sized enterprises.

(c) Deletion of the threshold levels

The Council is of the opinion that this deletion strengthens the text by making the
provisions of the Directive applicable for as long as the risk exists.

(d) Transitional period

The Council considered it advisable to make provision for an optional transitional period
for implementation of the obligations arising from compliance with the limit value, so
that work equipment currently in use can be adapted. As far as equipment used in the
agriculture and forestry sectors is concerned, the Council thought that the maximum
transitional period could be extended by a maximum of three years.

The Council considered that the actual implementation of the Directive, in particular in
SMEs, required measures to increase awareness, and targeted information campaigns,
training modules and courses, and the acquisition of new equipment and/or accessories
for certain industrial sectors.

(e) Derogations for specific sectors

The Council incorporated in its Common Position new derogations from the limit value
for whole-body vibrations in the sea and air transport sectors, and a derogation for the
specific case where exposure varies markedly from time to time.

The Council felt that the sea and air transport sectors needed special treatment and
provided for the granting of these derogations to be subject to very strict conditions,
including the obligation to ensure increased health surveillance with respect to the workers
concerned.

IV. CONCLUSION

The Council considers that, as a whole, the Common Position is in line with the fundamental
objectives of the amended Commission proposal. It also considers that it has basically taken account
of the objectives pursued by the European Parliament in its proposed amendments.