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Art. 4.15 List of employees
1. A list is kept of employees which are or
can be exposed to carcinogenic or mutagenic substances or substances which
are released at a carcinogenic process, while mentioning the exposure they
have been subjected to.
2. Every employee is entitled to inspect the
information with regard to himself which has been included in the list, as
referred to in the first paragraph.
§ 3 Limit values and prevention or reduction of exposure
Art. 4.16 Limit values
1. Limit values are established by Ministerial
Regulation as regards the carcinogenic or mutagenic substances designated in
that Regulation or substances which are released at a carcinogenic process.
2. If no legal limit value for a specific
carcinogenic or mutagenic substance or substance which is released at a
carcinogenic process has been established, the employer establishes a limit
value for that substance which is as low as possible.
3. When a limit value is exceeded, effective
measures are immediately taken, with due regard for the art. 4.17 and 4.18,
to reduce the concentration till a value under that limit value.
4. As long as the measures, as referred to in
the third paragraph, have not yet been implemented entirely or do not lead
to an effective protection, the work is only continued when effective
measures have been taken to prevent damage to the health of the employees,
or to reduce the level of exposure to the lowest possible level under the
limit value.
Art. 4.17 Prevention of exposure; replacement
Such technical and organizational measures have
been taken that the chance of exposure of employees to carcinogenic or
mutagenic substances or substances which are released at carcinogenic
processes are as much as possible prevented at its source, in particular by
replacing carcinogenic or mutagenic substances and carcinogenic processes,
insofar as this is technically executable, by substances or processes where
the employees, considering the properties of those substances or processes,
the nature of the work, the working methods and the occupational safety and
health, are not or less exposed to danger to their safety or health.
Art. 4.18 Prevention or reduction of exposure
1. Insofar as it appears from the results of the
assessment, as referred to in art. 4.2, first paragraph, that there is
danger to the health of the employees and that prevention of exposure in an
efficient manner by taking measures as referred to in art. 4.17 is
technically not feasible, the exposure, insofar as this is technically
feasible, is prevented at the source or reduced to a level under the limit
value which is as low as possible, in particular by having the production
and the use of carcinogenic or mutagenic substances or carcinogenic
processes take place in an enclosed system.
2. If the prevention of exposure or the
reduction of exposure to a level under the limit value which is at low as
possible is technically not feasible, collective measures are taken to
remove carcinogenic or mutagenic substances or substances which are released
at carcinogenic processes at the source in an effective manner, among others
by local discharge of the air, if necessary supplemented by general
ventilation, where, with due regard for art. 4.5, at the same time
sufficient supply of non-polluted air has been guaranteed without
endangering the public health and the environment.
3. If it is technically not feasible to prevent
the exposure of employees or to reduce it to a level under the limit value
which is at low as possible by means of the measures, as referred to in the
second paragraph, personal protective devices are put at the disposal of the
employees who are or can be exposed.
4. If the activities are performed by means of
personal protective devices in accordance with the third paragraph, the
period during which it is worn is reduced for any of these employees to a
strictly necessary period.
Art. 4.19 Reduction of exposure
In all cases in which work is done where employees are or can be
exposed to carcinogenic or mutagenic substances or substances released at
carcinogenic processes, the following measures are taken in addition to art.
4.1c and art. 4.18, to prevent exposure of employees or to reduce it to a
level under the limit value which is as low as possible:
a. the employees are sufficiently familiar with
the nature of their activities and they have sufficient knowledge of the
dangers related to the exposure and of the provisions which have been or
must be made by them to prevent or reduce those dangers;
b. it is prevented that danger zones are entered
by others than the employees or other persons who must enter the zones in
connection with their work;
c. danger zones are marked by means of warning
and safety signals which comply with the provisions of or pursuant to
section 2 of Chapter 8;
d. effective devices are used for the safe
storage, handling and transport of carcinogenic or mutagenic substances,
where hermetically sealed and clearly visibly marked containers are used as
much as possible, and e. effective devices are used for the safe collection,
storage and removal of waste substances, where hermetically sealed and
clearly visibly marked containers are used as much as possible.
Art. 4.20 Hygienic protective measures
1. Zones have been arranged where the employees
can eat and drink without danger to exposure.
2. Effective work clothing is put at the
disposal of employees who are or can be exposed to mutagenic or carcinogenic
substances or substances released at carcinogenic processes, which complies
with section 1 of Chapter 8 and which is always worn by the employees during
work.
3. In addition to art. 3.22, the work clothing
is stored at another location than the other clothing.
4. In addition to art. 3.23, efficient bathroom
facilities and shower rooms are available for the employees.
5. Personal protective devices are stored
according to the instructions on the appropriate location and are cleaned
after each use and checked before each use.
Art. 4.21 Irregular exposure level
If an irregular increase in the level of exposure, as referred to
in art. 4.2, third paragraph, occurs, the works council or the staff
representations or, in absence thereof, the interested employees, are
immediately notified of the causes of the increase and of the measures which
have been or are taken to eliminate the causes and to prevent or reduce
exposure as much as possible.
Art. 4.22 (Deleted)
§ 4 Occupational health examination
Art. 4.23
Performance and contents of examination
1. The occupational health examination, as referred to in
art. 4.10a, takes place with due regard for the practical recommendations,
included in Annex II to the Directive.
2. The expert person, as referred to in art. 2.14a, second
paragraph, or the safety, health and welfare service is entitled to inspect
the list of exposed employees as referred to in art. 4.15. Furthermore, he
disposes of all information which he needs to be able to assess the exposure
of the employees to carcinogenic or mutagenic substances and substances
released at carcinogenic processes and to be able to advice on the
periodicity and contents of the occupational health examination, as referred
to in the first paragraph, the preventive measures or personal protective
measures to be taken.
Art. 4.37 Definition asbestos
In
this section and the provisions based on it, the following terms shall have
the following meanings:
a. asbestos: substances which contain one or
more of the following fibrous silicates:
1°. actinolite (CAS-number 77536-66-4);
2°. amosite (CAS-number 12172-73-5);
3°. anthophyllite (CAS-number 77536-67-5);
4°. chrysotile (CAS-number 12001-29-5);
5°. tremolite (CAS-number 77536-68-6);
6°. crocidolite (CAS-number 12001-28-4);
b. products containing asbestos: products which
contain one or more of the fibrous silicates mentioned under a;
c. fibre: a particle which is longer than 5
micrometer, has a width of less than 3 micrometer and a length/width ratio
of more than 3/1;
d. object: construction, installation, apparatus
or means of transport, not being a building.
Art. 4.37a Chain provision
If
work is done where employees are or can be exposed to asbestos or products
containing asbestos, besides the sections 1 and 2 of this chapter, with due
regard for the art. 4.37b and 4.37c, this section is also applicable.
Art. 4.37b Deviating provisions
1. Contrary to art. 4.15, art. 4.53 is applied.
2. Contrary to art. 4.16, the art. 4.46 and
4.47a are applied.
3. Contrary to art. 4.19, items d and e, art.
4.45, second paragraph, items c and d is applied.
4. Contrary to art. 4.20, fifth paragraph, art.
4.51, third paragraph, is applied.
Art. 4.37c Applicability
This
section is applicable to activities regarding asbestos or products containing
asbestos if the concentration of asbestos is higher than one hundred
milligrams per kilogram dry substance as referred to in art. 2, item b, of the
Asbestos Products Decree. art. 4.38-4.43 (Deleted)
Art. 4.44 Risk class 1
This
paragraph is applicable, if it appears from the assessment, as referred to in
art. 4.2, first paragraph, that the concentration of asbestos dust in the air,
to which employees are exposed in connection with the work, is lower than or
equal to the limit value, as referred to in art. 4.46.
Art. 4.45 Preventive measures
1. The concentration of asbestos dust in the air
is kept as low as possible under the limit value, as referred to in art.
4.46.
2. In order to comply with the first paragraph,
the following measures are taken:
a. the working methods have been arranged such
that no asbestos dust is produced or when that is technically not
possible, that no asbestos dust is released in the air;
b. buildings, installations and equipments
which serve for the application or the processing of asbestos or of
products containing asbestos, are effectively and regularly cleaned and
maintained;
c. asbestos, a product containing asbestos and
a product which releases asbestos dust are stored and carried in an
appropriate and closed packaging;
d. waste substances, arisen due to the
application or processing of asbestos or of products containing asbestos,
are as soon as possible collected and removed in an appropriate and closed
packaging, provided with a label with the clear and properly legible
mention that its contents contain asbestos.
3. art. 4.20, fourth paragraph, insofar as it
regards the availability of showers, is not applicable if the concentration
of asbestos dust in the air has been classified in risk class 1.
Art. 4.45a Information
Effective
information is given to employees who are working where there is danger of
exposure to asbestos dust about:
a. possible risks to the health of exposure to
asbestos dust;
b. the necessity of the supervision over the
content of asbestos in the air and the applicable limit values;
c. the measures regarding the hygiene, as
referred to in art. 4.51;
d. measures to keep the exposure to asbestos
dust as low as possible;
e. the correct use of personal protective
devices and clothing.
Art. 4.45b Education
1. An appropriate education is arranged with
regular intervals for all employees who carry out activities where they are
or can be exposed to asbestos dust.
2. This education focuses on the level of
knowledge and the experience of the employees and provides them with the
necessary knowledge and skills regarding safety and prevention, in
particular as regards:
a. properties of asbestos and the effect of
asbestos on the health, including the synergic effect of smoking;
b. types of products and materials which can
contain asbestos;
c. actions which may lead to exposure to
asbestos and the importance of preventive checks to minimize exposure;
d. safe working methods, checks and protective
devices;
e. the choice and selection, the restrictions
and the correct use of breathing apparatus;
f. emergency procedures;
g. decontamination processes;
h. the manner in which the removal of waste
substances can be carried out safely;
i. the requirements as regards medical
supervision.
Art. 4.46 Limit value
The
concentration of asbestos dust in the air does not exceed the limit value of
0.01 fibre per cubical centimetre, calculated over a reference period of eight
hours.
Art. 4.47 Measuring and sampling
1. In order to be able to guarantee the
observance of the limit value, as referred to in art. 4.46, the
concentration of asbestos dust in the air to which the employees in
connection with the work are exposed, is measured within the framework of
the risk assessment, as referred to in art. 4.2.
2. Measuring takes place on a regular basis,
depending on the result of the first risk assessment, as referred to in art.
4.2.
3. The measurement is carried out in accordance
with a method to be established by Ministerial Regulation or another method,
if this gives equivalent results.
4. The works council or the staff representation
or, in absence thereof, the interested employees are enabled to give their
opinion on the manner of sampling.
5. The sampling is representative for the
individual exposure of the employees to asbestos dust.
6. The sampling is carried out such that the
exposure of employees to asbestos dust can be established by measurement, or
by calculation of this measurement, weighted in time, which is
representative for a reference period of 8 hours.
7. The sampling is carried out by a person who
has the required expertise.
8. The sample analysis to be carried out after
the sampling, is carried out in a laboratory which has been adequately
equipped to that end and which has experience with the required
identification techniques.
9. The works council or the staff representation
or, in case of absence thereof, the interested employees, can inspect the
results of the measurements and can get an explanation about the meaning of
these results.
Art. 4.47a Measures in case of exceeding the limit value
1. In case of exceeding of the limit value, as
referred to in art. 4.46, the causes for the exceeding are detected and
effective measures are taken as soon as possible to reduce the concentration
under that value.
2. The works council or the staff representation
or, in absence thereof, the interested employees are informed as soon as
possible of the exceeding, of its cause and the measures to be taken.
Besides, they are enabled to give their opinion on the measures, as referred
to in the first paragraph, unless there are urgent reasons to take these
measures without offering this opportunity. In that case, they are informed
about the taken measures.
3. As long as the measures to reduce the
concentration, as referred to in the first paragraph, have not yet been
fully implemented, the work on the relevant workplace is only continued when
the employees involved have been effectively protected against exposure to
asbestos dust.
4. When in the situation, as referred to in the
third paragraph, the exposure cannot be reduced with other means and the
limit value requires the wearing of individual breathing apparatus, the
period during which it must be worn is reduced for every employee to the
period which is strictly necessary.
5. When the individual breathing apparatus is
used, breaks are provided for.
6. The number of breaks, as referred to in the
fifth paragraph, and its duration is determined by the physical and climatic
load under which the employee must carry out the activities.
7. In case of absence of a works council or a
staff representation, the breaks, as referred to in the fifth paragraph,
are, if necessary, established in consultation with the interested
employees.
8. After the measures, as referred to in the
first paragraph, have been taken, the concentration of asbestos dust in the
air is measured in accordance with art. 4.47 and the classification into a
risk class as referred to in the art. 4.44, 4.48 or 4.53a is determined
again.
9. If it appears from the measurement, as
referred to in the eighth paragraph, that the concentration has been
classified in a higher risk class, paragraph 4 or 5 of this section is also
applicable.
Art. 4.47b Visual inspection
1. After activities with asbestos, before other
activities are started, a final assessment is performed on the relevant
workplace.
2. The final assessment, as referred to in the
first paragraph, concerns a visual inspection where has been established
that the presence of asbestos is no longer visually perceptible.
Art. 4.47c Notification
1. Before the activities start, the employer
notifies a supervisor who has been appointed to that end in writing. This
notification contains at least a brief description of:
a. the location where the activities are
carried out;
b. the types and amounts of products
containing asbestos;
c. the activities which are carried out with
asbestos or products containing asbestos, the working methods as well as
the classification of the concentration of asbestos dust in the air into a
risk class;
d. the number of employees involved;
e. the date and the time on which the
activities start, as well as its duration;
f. the measures which will be taken to reduce
exposure of employees to asbestos.
2. Every time a change in the occupational
safety and health can lead to a considerable increase of the exposure to
asbestos dust or products containing asbestos, a new notification will take
place.
3. The information notified on the basis of the
first and second paragraphs can be inspected by the works council or the
staff representation or, in absence thereof, by the interested employees.
4. Art. 4.54b, with the exception of item a, is
equally binding.
§ 4 Additional requirements for working with asbestos and products
containing asbestos
Art. 4.48 Risk class 2
If it appears from
the assessment, as referred to in art. 4.2, first paragraph, that the
concentration of asbestos dust in the air, to which employees in connection
with the work are exposed, is higher than the limit value, as referred to in
art. 4.46, but lower than or equal to 1 fibre per cubic centimetre, departing
from a reference period of eight hours, this paragraph is also applicable in
addition to paragraph 3.
Art. 4.48a Additional measures
1. If, having regard to the nature of the activities,
exceeding of the limit value, as referred to in art. 4.46, can be expected
despite preventive technical measures for reducing the concentration of
asbestos in the air, the employer takes effective measures for the
protection of the employees involved.
2. To the measures, as referred to in the first paragraph,
belong anyway:
a. the making available and the obliging to wear
appropriate breathing apparatus and other personal protective devices;
b. the arrangement of warning notices which comply with
the provisions of or pursuant to section 2 of Chapter 8, which indicate
that exceeding of the limit value mentioned in art. 4.46 can be expected;
c. the prevention of the spreading of dust from asbestos
or materials containing asbestos outside the spaces where the activities
take place.
3. The works council or the staff representation
or, in absence thereof, the interested employees are enabled to give their
opinion on the measures, as referred to in the first paragraph.
4. Before the other activities are started, the
available asbestos or the available products containing asbestos is
respectively are removed, except when this would constitute a greater risk
to the safety and health for the employees.
Art. 4.49 (Deleted)
Art. 4.50 Work plan
1. Before the activities are started, the
employer of the business, as referred to in art. 4.54d, first paragraph,
draws up a written work plan which contains effective measures for the
protection of the safety and the health of the employees involved, which are
concentrated on the specific situation of the relevant workplace.
2. If an inventory report as referred to in art.
4.54a, third paragraph, has been drawn up, the results of that report are
incorporated in the work plan.
3. In the work plan is prescribed that the
employer of the business, as referred to in art. 4.54d, first paragraph,
makes certain that there are no longer risks of exposure to asbestos or
products containing asbestos after the final assessment, as referred to in
art. 4.51a.
4. The work plan contains the following
information:
a. a description of the measures, as referred
to in the art. 4.1c, first paragraph, heading and items d and g, 4.7,
third paragraph, items b, c and e, 4.18, 4.19, heading and items b and c,
4.20, first through fourth paragraphs, 4.45, first and second paragraphs,
items a, b, and d, 4.48a, second and fourth paragraphs, and 4.51.
b. a description of the nature, duration and
location of the activities as well as the working method;
c. a description of the gear, machines,
apparatus and other auxiliaries which are used during the activities;
d. the names of the employees and persons, as
referred to in art. 4.54d, fifth and seventh paragraphs.
5. The activities are carried out in accordance
with the drawn-up work plan.
6. The work plan or a copy of it, is available
on the workplace and is shown upon request to the supervisor.
Art. 4.51 Hygienic protective measures
1. The work clothing may only be brought outside
the business or the institution if this happens for the purpose of cleaning
it in adequately equipped laundries.
2. In cases as referred to in the first
paragraph, the work clothing is carried in an appropriate and closed
packaging.
3. When protective equipment is supplied, this
is kept at a location appointed to that end and checked and cleaned after
each use.
Defect equipment may not be used.
Art. 4.51a Final assessment
1. After the activities and after cleaning of
the workplace and before other activities are started, a final assessment is
carried out on the relevant workplace in an internal space, where the
sampling is carried out by a person as referred to in art. 4.47, seventh
paragraph, and the sample analysis by a laboratory as referred to in art.
4.47, eighth paragraph.
2. The final assessment, as referred to in the
first paragraph, concerns a visual inspection followed by a final
measurement, in order to establish whether the concentration of asbestos
dust in the air is lower than 0.01 fibre per cubic centimetre, departing
from a reference period of two hours.
3. After the activities and after cleaning of
the workplace and before other activities are started, a visual inspection
is carried out on the relevant workplace in the open air by a business which
has been adequately equipped to that end, where has been established that
the presence of asbestos is no longer visually observable.
4. If the activities in the open air are related
to soil containing asbestos, a visual inspection on the presence of asbestos
is carried out after the end of those activities by a business which has
been adequately equipped to that end, in order to establish that the
concentration of asbestos is not higher than one hundred milligrams per
kilogram dry substance as referred to in art. 2, item b, of the Asbestos
Products Decree.
5. By Ministerial Regulation, more detailed
rules can be laid down as regards the sampling, as referred to in the first
paragraph, the final measurement, as referred to in the second paragraph,
and the visual inspection, as referred to in the second, third and fourth
paragraphs.
Art. 4.52 Occupational health examination
1. As long as the exposure to asbestos dust
takes, in addition to art. 4.10a, third paragraph, the employees involved
are enabled again at least once every three years to be subjected to an
occupational health examination as referred to in art. 4.10a.
2. The occupational health examination, as
referred to in art. 4.10a, contains in any case a specific examination of
the thorax.
3. If the result of the occupational health
examination, as referred to in art. 4.10a, requires so, effective measures
are taken to prevent damage to the health of the employee involved by
exposure to asbestos dust.
4. In addition to art. 4.10a, fourth paragraph,
an expert person, as referred to in art. 2.14a, second paragraph, or the
safety, health and welfare service can declare that the medical supervision
after the end of the exposure must be continued as long as considered
necessary for the health of the person involved.
Art. 4.53 Registration
1. Every employee who is exposed to asbestos
dust in connection with the work is recorded in a register, where the nature
and the duration of the work as well as the extent of the exposure are
mentioned.
2. The information mentioned in the register can
be inspected by the expert person, as referred to in art. 2.14a, second
paragraph, or the safety, health and welfare service.
3. Every employee can inspect his personal data
in the register.
4. The data in the register, provided with an
explanation, in a statistical form which is not reducible to individuals,
can be inspected by the works council or the staff representation or, in
absence thereof, by the interested employees.
§ 5 Extra additional requirements for working with asbestos and
products containing asbestos
Art. 4.53a Risk class 3
If it appears from the assessment, as referred to
in art. 4.2, first paragraph, that the concentration of asbestos dust in the
air to which employees in connection with the work are exposed, is higher than
1 fibre per cubic centimetre, departing from a reference period of eight
hours, this paragraph is also applicable in addition to the paragraphs 3 and
4.
Art. 4.54 Aggravated final assessment
In
addition to art. 4.51a, first and second paragraphs, a final assessment is
also carried out in the spaces adjacent to the workplace.
Article 4.51a, first and second paragraphs, is equally binding.
§ 6 Certification
Art. 4.54a Asbestos inventory
1. Within the framework of the assessment, as referred to
in art. 4.2, the availability of asbestos or products containing asbestos is
completely listed before is started with the following activities:
a. the entirely or partly demolishing or dislodgement of
buildings, with the exception of earthworks, or objects in which asbestos
or products containing asbestos is respectively are processed;
b. the removal of asbestos or products containing
asbestos from the buildings or objects, as referred to in item a;
c. the clearance of asbestos or products containing
asbestos which are released due to an incident.
2. On the basis of the inventory, as referred to
in the first paragraph, is determined within the framework of the risk
assessment, as referred to in art. 4.2, by the business, as referred to in
the fourth paragraph, in which risk class as referred to in the art. 4.44,
4.48 or 4.53a the activities are classified.
3. The results of the inventory, as referred to
in the first paragraph, and the classification in a risk class, as referred
to in the second paragraph, are incorporated in an inventory report.
4. The inventory, as referred to in the first
paragraph, and the inventory report, as referred to in the third paragraph,
are carried out, respectively drawn up, by a business which is in possession
of a certificate asbestos inventory which has been issued by Our Minister or
a certificating institute.
5. A copy of the inventory report is given to
the business which removes asbestos.
6. The certificate asbestos inventory or a copy
of it, is available on the workplace and is shown upon request to an
official as referred to in art. 24 of the Act.
Art. 4.54b Exceptions asbestos inventory
Art. 4.54a is not applicable if the activities, as referred to in art.
4.54a, first paragraph, relate to:
a. actions which are carried out in or at
buildings or objects which have been produced on or after 1 January 1994;
NOT APPLICABLE to seagoing vessels (See art. 4.103)
b. the entire or partial removal of water pipes,
gas pipes, sewers and cable pipes or parts of it, which contain asbestos
cement, insofar as they are part of the underground public gas, water and
sewer system;
c. the entire or partial removal of brake and
friction material containing asbestos;
d. the entire of partial removal of clamped
floor plates containing asbestos under heaters;
e. the removal as a whole of heaters containing
asbestos;
f. the entire or partial removal of glazing kit
containing asbestos which has been used in the construction of greenhouses;
g. the entire or partial removal of gaskets
containing asbestos from combustion engines;
h. the entire or partial removal of gaskets
containing asbestos or parts of it from process installations or heaters
with a nominal power under 2250 kilowatt;
i. the entire or partial removal of asbestos or
products containing asbestos from roads as referred to in the Asbestos Roads
Environmental Management Decree.
Art. 4.54c (Deleted)
Art. 4.54d Expertise for working with asbestos
1. When the concentration of asbestos dust has
been classified in risk class 2 or 3, the following activities are carried
out by a business which is in possession of a certificate asbestos removal,
which has been issued by Our Minister or a certificating institute:
a. the activities, as referred to in art.
4.54a, first paragraph;
b. the cleaning of the workplace after an
action as referred to in art. 4.54a, first paragraph, item a of b, has
been carried out.
2. Art. 4.54b, with the exception of item a, is
equally binding.
3. Before the removal of asbestos is started,
the business, as referred to in art. 4.54a, fifth paragraph, is in
possession of a copy of an inventory report as referred to in art. 4.54a,
third paragraph, as applicable.
4. During the performance of the activities, as
referred to in the first paragraph, the classification of the risk class in
the inventory report is used as lower limit, within the framework of the
risk assessment, as referred to in art. 4.2.
5. The activities, as referred to in the first
paragraph, are carried out by or under continuous supervision of a person
who is in possession of a certificate of professional competence for the
supervision over working with asbestos, which has been issued by Our
Minister or a certificating institute.
6. In a business as referred to in the first
paragraph, at least one person as referred to in the fifth paragraph is
working on the basis of an employment contract.
7. Insofar as the activities, as referred to in
the first paragraph, are also carried out by another person than the person,
as referred to in the fifth paragraph, this other person is in possession of
a certificate of professional competence for removing asbestos, which has
been issued by Our Minister or a certificating institute.
8. If the actions, as referred to in art. 5,
items e and f, of the Asbestos Products Decree relate to activities with
soil containing asbestos, these activities are supervised by a person who is
in possession of a certificate of professional competence occupational
hygiene or safety knowledge as referred to in art. 2.7, second paragraph.
9. The certificates, as referred to in the
first, fifth and seventh paragraphs, or copies of them and a copy of the
inventory report, as referred to in art. 4.54a, third paragraph, are
available at the workplace and are shown upon request to the supervisor.
Art. 4.84 Biological agents, cell cultures and micro-organisms
1. The sections 1 through 8 of this chapter are
not applicable to biological agents.
2. In this section is meant by:
a. biological agents: micro-organisms which
have been genetically modified or not, cell cultures and human
endoparasites which can cause an infection, allergy or toxicity;
b. cell culture: the artificial breading of
cells of multicellular organisms;
c. micro-organism: a cellular or non-cellular
microbiological entity with the power of propagation or of transfer of
genetic material;
d. Directive: Directive no. 2000/54/EC of the
European Parliament and the Council of the European Union of 18 September
2000 (Pb EG L 262) regarding the protection of the employees against the
risks of exposure to biological agents at work (seventh special Directive
within the meaning of art. 16, paragraph 1, of Directive no. 89/391/EEC).
3. For the purpose of this section, biological
agents are distinguished in the following categories:
a. category 1: an agent of which it is
unlikely that it can cause an illness for human beings;
b. category 2: an agent which can cause an
illness with humans and can provide danger to the safety and the health of
the employees, but which is unlikely to spread amongst the population,
while there is normally an effective profylaxis or treatment;
c. category 3: an agent which can cause a
serious illness with humans and may provide a great danger to the safety
and the health of the employees and of which there is a chance that it
will spread amongst the population, while there is normally an effective
profylaxis or treatment;
d. category 4: an agent which causes a serious
illness with humans and provides great danger to the safety and the health
of the employees and of which it is very likely that it will spread among
the population, while there is normally no effective profylaxis or
treatment.
4. In this section is departed from the category
classification of biological agents as established in Annex III to the
Directive.
§ 2 Risk inventory and evaluation of risks and effects category
classification
Art. 4.85 More detailed requirements risk
inventory and evaluation of risks
1. If an employee is or can be exposed to one or
more specific agents which occur or are expected to occur at his work, the
nature, extent and the duration of the exposure are assessed within the
framework of the risk inventory and evaluation of risks as referred to in
art. 5 of the Act, in order to determine the danger for the employee. This
assessment happens with due regard for:
a. the category or categories, in which the
biological agents to which employees can be exposed, have been classified;
b. information about diseases which employees
can contract or have already contracted as a result of exposure to
biological agents;
c. possible allergic or intoxication effects
which the employees experience or can experience as a result of exposure
to biological agents;
d. the results of the occupational health
examinations, as referred to in art. 4.91, as well as the diseases of
which is known that an employee suffers from them and the drugs of which
is known that they are used by an employee, all this in a statistical form
which is not reducible to individuals;
e. the recommendations which have been
provided by a competent body to keep the biological agent under control in
order to protect the health of the employees when the employees are or can
be exposed to such an agent as a result of their work.
2. If various biological agents are involved,
the assessment, as referred to in the first paragraph, is based on the risk
which those biological agents provide when they are combined.
3. The assessment, as referred to in the first
paragraph, is regularly revised, in any case always when there is a change
in the conditions which may affect the exposure of employees to biological
agents.
Art. 4.86 Effects category classification
1. If the work focuses on working with
biological agents belonging to category 2, 3 or 4, the art. 4.87 through
4.102 are applicable.
2. If it appears from the results of the risk
inventory and evaluation of risks, as referred to in art. 4.85, that there
is a reasonable chance that employees are exposed to biological agents of
category 2, 3 or 4 when doing other work than that, as referred to in the
first paragraph, including the activities mentioned in Annex I to the
Directive, the art. 4.87, 4.87a, 4.87b, 4.89, 4.91, 4.93, 4.95, 4.97, 4.98,
4.99, second paragraph, and 4.102 are applicable.
3. In all cases, not as referred to in the first
and second paragraphs, the greatest possible care, orderliness and
cleanliness is exercised during the work and the necessary hygienic
facilities are provided.
§ 3 Measures as regards the exposure
Art.
4.87 Prevention of exposure; replacement
If the
nature of the work allows it, harmful biological agents are replaced by
biological agents which, in view of the state of the art and technology and
the occupational safety and health, are not or less dangerous to the safety or
health of the employees.
Art. 4.87a Prevention or reduction of exposure
1. Insofar as it appears from the results of the
assessment, as referred to in art. 4.85, that there is a risk to the safety
or health of the employees and that it is not feasible, in connection with
the nature of the work, to replace biological agents by biological agents
which are not dangerous, such measures are taken, insofar as technically
feasible, that the exposure of employees to biological agents is prevented
and the risks are limited.
2. Insofar as the measures, as referred to in
the first paragraph, are technically not feasible, exposure of employees to
biological agents is reduced to such a low level as is necessary for an
adequate protection of the safety and the health of the employees.
3. For the purpose of the second paragraph, at
least the following measures are taken:
a. the chance of exposure is as much as
possible reduced;
b. the number of employees which is in danger
of being exposed to one or more biological agents is not greater than is
strictly necessary for the performance of the work;
c. collective protective measures are taken
and, when this gives not or no sufficient protection, personal protective
devices are made available;
d. the greatest possible orderliness and
neatness is observed during the work in order to prevent or the reduce the
chance that one or more biological agents turn up outside the workplace;
e. biological agents are kept and carried such
and waste substances are collected, stored and removed in such a manner,
if necessary after appropriate treatment and marked with a proper notice,
that the chance of exposure is prevented as much as possible and that is
also prevented that they can attain in the hands of unauthorized persons;
f. if necessary and technically possible, an
investigation is conducted into the presence of biological agents on the
workplace, outside the first physical enclosure;
g. an effective written work instruction is
available at the workplace for the employees, which at least includes the
procedures to be observed at the work, including a regulation for the safe
handling and carriage of biological agents inside the business or the
institution as well as an effective emergency plan for the case that
accidents or incidents occur with biological agents.
Art. 4.87b Measures for the prevention or reduction of exposure to
legionella bacteria at the putting and keeping into operation of an air
humidification installation and a water installation
1. At the putting and keeping into operation of:
a. an air humidification installation other
than a steam humidifier;
b. a water installation which can put water in
the form of aerosol in the air, not being a collective water supply as
referred to in art. 1, first paragraph, under j, or a collective pipeline
network as referred to in art. 1, first paragraph, under k, of the Water
Supply Act; the measures, as referred to in art. 4.87a, first and second
paragraphs, for the prevention or reduction of the exposure to legionella
bacteria, are effective, if the water in these installations contains less
than 100 colony forming units legionella bacteria per litre.
2. The taking and analysing of samples for the
verification of the presence of legionella bacteria happens in accordance
with a suitable normalized method.
3. This art. is not applicable to cooling
columns.
Art. 4.88 Safety signalling
The
locations where is worked with biological agents are clearly beaconed and are
marked with a safety signalling which complies with the provisions of or
pursuant to section 2 of Chapter 8.
Art. 4.89 Hygienic protective measures
1. On locations with danger of exposure to
biological agents is not smoked nor are food or drinks consumed there.
2. Work clothing which complies with section 1
of Chapter 8 is put at the disposal of the employees and is worn during
work.
3. In addition to art. 3.23, adequate sanitary
facilities are available for the employees including, insofar as necessary,
showers, eye showers and skin antiseptics.
4. If personal protective devices are given to
the employee, these are kept at a location which has been appointed to that
end and cleaned after each use and checked before any use.
5. In addition to art. 3.22, the work clothing
and other personal protective devices in which or on which biological agents
are or can be, are taken off when leaving the workplace and stored on
another location than the other clothing.
6. The work clothing and other personal
protective devices, as referred to in the fifth paragraph, are disinfected,
cleaned or, if necessary, destroyed.
7. The work clothing and other personal
protective devices, as referred to in the fifth paragraph, are brought
outside the business or institution in an appropriate and closed packaging
and only for the purpose of having it cleaned, disinfected or destroyed.
Art. 4.90 Registration
1. In a register is kept which employees are or
can be exposed to biological agents of categories 3 and 4.
2. In this register is also registered per
employee which activities he has performed and, insofar as this can be
determined, to which biological agent or which biological agents he has
possibly been exposed as a result of these activities or as a result of an
incident or accident.
3. The register as referred to in the first
paragraph is kept at least ten years after the last exposure or possible
exposure.
4. In case an employee has been exposed or has
possibly been exposed to a biological agent which may result in infections
which:
a. are known to be persistent or latent;
b. on the basis of the actual state of the
art, according to the expectations, can only be recognized after many
years;
c. have a long incubation period;
d. despite treatment, always come back, or
e. have long-term serious complications, when
the register as referred to in the first paragraph is kept during a
correspondingly longer period but not longer than forty years after the
last exposure.
5. Every employee is entitled to inspect his own
data from the register.
6. The register, mentioned in the first
paragraph, is, upon request, available for inspection by the company doctor,
as referred to in art. 14, first paragraph, heading, of the Act, or the
safety, health and welfare service.
§ 4 Occupational health examination
Art. 4.91
Examination and vaccines
1. Every employee who has been or can be exposed
to biological agents is, in addition to art. 18 of the Act, enabled to be
subjected to an occupational health examination when the work starts.
2. Every employee who has contracted an
infection or illness as a result of exposure to a biological agent, is, in
addition to the first paragraph, prematurely enabled to be subjected to an
occupational health examination.
3. Every employee who has been exposed to the
same biological agent as a result of which another employee has contracted
an infection or illness, is, in addition to the first paragraph, prematurely
enabled to be subjected to an occupational health examination.
4. The occupational health examination takes
place with due regard for the practical recommendations, included in Annex
IV to the Directive.
5. If the result of the occupational health
examination gives rise to that, effective measures are taken to prevent
danger to the health of the employee involved by exposure to biological
agents.
6. Insofar as possible, effective vaccines are
put at the disposal of any employee who is not yet immune to the biological
agents to which he has been or can be exposed. Attention is paid to Annex
VII to the Directive then.
7. At the employer’s request or of the employee
involved, the examination as referred to in this art. is performed again.
The result of the renewed examination replaces the previous one.
8. Every employee is entitled to inspect his own
medical file.
9. The results of the occupational health
examination as referred to in this art. are registered appropriately and
kept at least ten years after the last exposure or possible exposure. In
cases as referred to in art. 4.90, fourth paragraph, the results are kept
during a correspondingly longer period but not longer than forty years.
10. Every employee is informed on the manner in
which he will be enabled to be subjected to an occupational health
examination after the exposure has ended.
§ 5 The works council
Art. 4.92
Information in connection with accident or incident
The works council or the staff representation or, in absence
thereof, the interested employees is respectively are informed of any accident
or incident which has occurred, has almost occurred or has possibly occurred
with biological agents and which has resulted in the release, near-release or
possible release of an agent or agents of category 2, 3 or 4. The causes of
the accident or incident are also notified then, as well as the measures which
have been taken or will be taken to rectify the effects and to prevent further
accidents or incidents.
Art. 4.93 Other information
1. If requested, the works council or the staff
representation, or in absence thereof, the interested employees are informed
about:
a. the manner in which the risk inventory and
evaluation of risk, as referred to in art. 4.85, has been established and
on its result;
b. the activities where the employees are or
can be exposed to biological agents;
c. the number of employees which is or can be
exposed to biological agents;
d. the name and the function of the person who
is responsible for the safety and the health at work;
e. the taken preventive and protective
measures, including the work instruction, as referred to in art. 4.87,
fourth paragraph, the applied work processes and working methods.
2. The works council or the staff representation
or, in absence thereof, the interested employees, are entitled to inspect
information as referred to in this art. , which has a statistical form and
is not reducible to individuals.
§ 6 Supervision
Art. 4.94 Notification
1. At least 30 days before is worked with one or
more biological agents of category 2, 3 or 4 for the first time, a written
notification of this is sent to a supervisor who has been appointed to that
end.
2. This notification contains at least the
following information:
a. the name and the address of the employer;
b. the name and the function of the person who
is responsible for the safety and the health at work;
c. the results of the risk inventory and
evaluation of risks as referred to in art. 4.85;
d. the category or categories and type or
types to which the biological agent or the biological agents belongs
respectively belong;
e. the intended protective and preventive
measures.
3. Having regard to the first paragraph, work
with any subsequent biological agent of category 4 and, when this agent has
temporarily been classified by the employer himself, work with any
subsequent new biological agent of category 3 is also notified.
4. When only diagnostic work is done, contrary
to the third paragraph, the supervisor as referred to in the first paragraph
is only notified of this if this work is done for the first time.
5. The notification as referred to in this art.
is repeated, when essential changes have occurred in the processes or
procedures which can have effects on the safety and the health of the
employees, as a result of which previous notifications have been superseded.
Art. 4.95 Accidents or incidents
The supervisor or another body to be designated by Our Minister,
is as soon as possible informed in writing of any accident or incident which
has occurred and has led or has possibly led to the release of one or more
biological agents of category 3 or 4 and which can cause contagion of
employees by these agents.
Art. 4.96 Transfer information
When the employer ends the activities, the register as referred to
in art. 4.90 and the results of the occupational health examination as
referred to in art. 4.91, when they are kept by the employer, are transferred
to a supervisor who has been appointed to that end.
§ 7 Special provisions in connection with other than microbiological
diagnostic work in the health care and in the veterinary medicine
Art. 4.97-4.98
(…)
§ 8 Special measures in laboratories, rooms for test animals and
industrial processes
Art. 4.99 Control level laboratories and spaces for laboratory animals
1. In laboratories and in spaces containing animal which
have been deliberately infected with biological agents of category 2, 3 or 4
or animals which are or possibly could be carriers of biological agents of
one of these categories, are, depending on the results of the risk inventory
and evaluation of risks, as referred to in art. 4.85, and in compliance with
art. 16, first paragraph, of the Directive, at least respectively the
control levels 2, 3 and 4 of Annex V to the Directive observed.
2. If one works in the laboratories as referred to in the
first paragraph with material while there is no certainty whether it
contains biological agents of category 2, 3 or 4 and the work is not aimed
at working with biological agents, is, in compliance with art. 16, first
paragraph, of the Directive, at least control level 2 of Annex V to the
Directive observed.
Art. 4.100
1. When biological agents of the category 2, 3
or 4 are used in industrial processes, are, depending on the results of the
risk inventory and evaluation of risks, as referred to in art. 4.85, and in
compliance with art. 16, second paragraph, of the Directive, at least
respectively the control levels 2, 3 and 4 of Annex VI to the Directive
observed.
Art. 4.101
(…)
§ 9
Special provisions as regards information and
education
Art. 4.102 Information and education
1. In addition to art. 8 of the Act, information and
education are given to employees who do work as referred to in art. 4.86,
first and second paragraphs, where is paid attention to at least:
a. the possible dangers for the health which are related
to working with biological agents;
b. the preventive measures to be taken in order to
prevent exposure;
c. the action to be taken when an accident occurs with
biological agents;
d. the existing hygienic requirements;
e. wearing and using of work clothing and personal
protective devices.
2. The information and the education are updated
when changed circumstances require so.
SECTION 10 Special sectors and special categories of employees
§ 1 Transport
Art. 4.103 Exceptions for
means of transport
Art. 4.54b, heading and item a, is not
applicable to seagoing vessels.
§ 2 Young people
Art. 4.104 Chain
provision
In addition to the provisions of or
pursuant to this chapter, the requirements and prohibitions mentioned in this
paragraph are also applicable to young employees.
Art. 4.105 Work prohibitions for dangerous goods and biological agents
1. Young employees shall not work with or are
not exposed to substances which comply with the criteria established
pursuant to art. 9.2.3.1 of the Environmental Management Act for
classification in one or more of the categories ‘very toxic’, ‘toxic’,
‘sensitizing’, ‘carcinogenic’, ‘mutagenic’ ‘toxic to reproduction’, as well
as substances complying with the criteria for allocation of the R-sentences
33 and 48 which have been established by or pursuant to that Act.
2. Young employees shall not work with or are
not exposed to biological agents of category 3 or 4, as referred to in
section 9 of this chapter.
3. Furthermore, young employees shall no work at
or with vats, basins, pipelines or reservoirs in which one or more of the
substances or biological agents as referred to in the first or second
paragraph are.
Art. 5.2 Prevention dangers
The
work has been organized such, the workplace is arranged such, such a
production and working method is applied or such auxiliaries and personal
protective devices are used, that the physical load can cause no dangers for
the safety and the health of the employee.
Art. 5.3 Reduction dangers and risk inventory and
evaluation of risks
Insofar as the dangers, as
referred to in art. 5.2, cannot reasonably be prevented:
a. with due regard for Annex I to the Directive,
the work is organized such, the workplace is arranged such, such a
production and working method is applied or such auxiliaries and personal
protective devices are used that those dangers are reduced as much as
reasonably possible;
b. in the risk inventory and evaluation of
risks, as referred to in art. 5 of the Act, with due regard for Annex I to
the Directive, the safety and health aspects of the physical load are
assessed, where in particular is paid attention to the features of the load,
the required physical effort, the features of the working environment and
the requirements of the task.
Art. 5.4 Ergonomic design workplaces
Unless this can reasonably not be demanded, workplaces are
designed according to the ergonomic principles.
Art. 5.5 Information
1. Having regard to the Annexes I and II to the
Directive, effective information and effective education is given to
employees who are doing work where loads are handled manually, about:
a. the manner in which loads are handled;
b. the dangers for their safety and health
related to the manual handling of loads and the measures to be taken to
reduce these dangers as much as possible.
2. Adequate information is given to the
employees involved on the weight of the load to be handled and, when the
weight of the load has not been distributed evenly, on the centre of gravity
or the heaviest side of that load.
Art. 5.6 Annexes Directive
As
regards physical load, the Annexes I and II to the Directive are observed.
Art. 6.1 Temperature
1. Taking into account the nature of the
activities carried out by the employees and the physical load resulting from
it, the temperature at the workplace causes no damage to the health of the
employees.
2. If there still can be caused damage to the
health of the employees, due to the temperature at the workplace or due to
unfavourable weather conditions, personal protective devices are made
available. If the personal protective devices which have been made
available, cannot prevent damage to the health, the duration of the work is
reduced to such an extent or the work is alternated by a temporary stay at a
location with a temperature as referred to in the first paragraph, at such a
frequency that no damage is caused to the health.
Art. 6.3 Daylight and artificial light
1. Workplaces and connecting roads have been
lighted such that the available light causes no risks to the safety and
health of employees.
2. Sufficient daylight can enter workplaces,
insofar as possible, and adequate facilities for artificial lighting are
available.
3. The facilities for artificial lighting have
been fitted such, that danger for accidents has been prevented.
4. The colour used for artificial light may not
change or affect the observation of the safety and health signalling,
determined by or pursuant to section 2 of Chapter 8.
Art. 6.7 More detailed requirements risk inventory and evaluation of
risks, assessment and measurement
1. Within the framework of the risk inventory
and evaluation of risks, as referred to in art. 5 of the Act, the noise
levels to which the employees have been exposed, are assessed and, if
necessary, measured in order to determine where and to which extent
employees can be exposed to the levels of harmful noise which have been
established in art. 6.8.
2. In addition to art. 5 of the Act, the
assessment and the measurement are periodically carried out according to a
written time schedule by the experts, mentioned in art. 13 of the Act, or
the experts or safety, health and welfare services, mentioned in the art. 14
and 14a of the Act, and they are carried out again anyhow, if the
circumstances have changed drastically, there are reasons to assume that the
carried out assessment or measurement is incorrect or when the results of
the occupational health examination, as referred to in art. 6.10, first
through third paragraphs, require so. The measurement uncertainties, which
have been established according to the good practice in measuring, are taken
into account at the assessment of the measurement results.
3. The methods and apparatus used at the
measurement are geared to the relevant circumstances. Especially the
features of the noise to be measured, the duration of the exposure, the
environmental factors and the features of the measuring devices are paid
attention to. The used methods and apparatus are suitable to determine
whether or not the levels of harmful noise, as established in art. 6.8,
third, fourth, seventh, ninth and tenth paragraphs, are exceeded. When
random checks are used, these are representative for the personal exposure
of an employee.
4. At the assessment, as referred to in the
first paragraph, is in any case paid attention to:
a. the level, the nature and the duration of
the exposure, including eventual exposure to impulsive noise;
b. the action values established in art. 6.8,
third, fourth, seventh and ninth paragraphs and the limit values
established in art. 6.8, tenth paragraph, for the exposure;
c. the possible effects to the health and
safety of employees which belong to especially sensitive risk groups;
d. insofar as this is technically feasible,
the possible effects on the safety and the health of employees of the
interaction between noise and work-related ototoxic substances and between
noise and vibrations;
e. the possible indirect effects on the safety
and the health of employees of the interaction between noise and warning
signals or other sounds which have to be noticed in order to reduce the
risk of accidents;
f. the information on the noise emission
provided by the manufacturers of the work equipment;
g. the existence of alternative work equipment
which has been designed to reduce the noise emission;
h. the continuation of the exposure to noise
beyond usual working hours under responsibility of the employer;
i. relevant information obtained from an
occupational health examination as referred to in art. 6.10, first through
third paragraphs, including published information, insofar as that is
possible;
j. the availability of individual hearing
protection with sufficient muffling effect.
5. The works council or the staff representation
or, in absence thereof, the interested employees are enabled to give their
opinion on the manner of assessing and measuring.
6. The results of the assessments and
measurements carried out on the basis of this art. are registered and kept
in an appropriate form, so they can be consulted later on.
7. The results, as referred to in the sixth
paragraph, provided with an explanation, are notified to the works council
or the staff representation or, in absence thereof, to the interested
employees.
8. The risk inventory and evaluation of risks,
as referred to in the first paragraph, is adequately documented and mentions
the measures taken under the art. 6.8, 6.9 and 6.11.
Art. 6.8 Measures for the prevention or reduction of the exposure
1. For the prevention or reduction of the
exposure to noise, such technical or organizational measures are taken that
the risks of exposure are removed at the source or are minimized, taking
into account the technical progress and the availability of measures.
2. When preventing or reducing the exposure, as
referred to in the first paragraph, is taken into account anyway:
a. alternative working methods which lead to
less exposure to noise;
b. the choice of the right work equipment,
taking into account the work to be done, which makes as less noise as
possible, including the possibility to let the employees have the disposal
of work equipment which aims at or results in a reduction of the exposure
to noise;
c. the design and the subdivision of the
workplace;
d. effective information and education to
teach the employees to use the work equipment properly in order to
minimize the exposure to noise;
e. technical measures for the reduction of
noise:
i. reduction of the airborne noise, for
example by shielding, encasing or covering with noise absorbing
material;
ii. reduction of the construction noise, for
example, by muffling or isolation;
f. adequate maintenance programs for the work
equipment, the workplace and the systems on the workplace;
g. the organization of the activities, in view
of a reduction of the noise:
i. reduction of the duration and intensity
of the exposure;
ii. adequate work schedules with sufficient
breaks.
3. When the daily exposure to noise is higher
than 85 dB(A) or the peak acoustic pressure is higher than 140 Pa, technical
or organizational measures are established and carried out to minimize the
exposure on the basis of the assessment and measurement, as referred to in
art. 6.7, first paragraph, having due regard to the measures, as referred to
in the second paragraph, within the framework of the action plan, as
referred to in art. 5 of the Act.
4. Workplaces where the daily exposure to noise
can be higher than 85 dB(A) or the peak acoustic pressure can be higher than
140 Pa, are clearly indicated by means of adequate signalling and
effectively beaconed. If this is technically feasible and the risk of
exposure justifies this, its access is restricted.
5. The exposure to noise in relaxation rooms as
referred to in art. 3.20 and night’s lodgings as referred to in art. 3.21,
is reduced to a level which is compatible with the function of the spaces
and the circumstances in which they are used.
6. The measures, as referred to in the first
through fifth paragraphs, are geared at the needs of employees who belong to
especially sensitive risk groups.
7. In cases in which the daily exposure to noise
is higher than 80 dB(A) or the peak acoustic pressure is higher than 112 Pa,
adequate, properly made-to-measure hearing protection is put at the disposal
of the employees. The individual hearing protection prevents the risk of
hearing impairment or minimizes this risk.
8. The works council or the staff representation
or, in absence thereof, the interested employees are enabled to give their
opinion on the measures, as referred to in the first through fifth
paragraphs and on the choice of the individual hearing protection, as
referred to in the seventh paragraph, which has to be made available.
9. When the daily exposure to noise is 85 dB(A)
or higher, or the peak acoustic pressure is 140 Pa or higher, the individual
hearing protection is used by the employees.
10. The daily exposure to noise, taking into
account the muffling effect of the individual hearing protection worn by the
employee, may never be higher than 87 dB(A) or the peak acoustic pressure
may not be higher than 200 Pa anyway.
11. When despite the measures, as referred to in
the first through seventh and ninth paragraphs, is found that the daily
exposure to noise, taking into account the muffling effect of the individual
hearing protection worn by the employee, is higher than the limit values
established in the tenth paragraph:
a. measures are taken immediately to reduce
the exposure to a level under those limit values;
b. the causes of the excessive exposure are
established and
c. the measures, as referred to in the first
through seventh and ninth paragraphs, are adjusted to prevent recurrence.
In cases in which employees in connection with the
performance of special tasks must stay on a workplace where the daily
exposure to noise per working day considerably differs and observance of
the obligations, mentioned in art. 6.8, third, fourth, seventh, ninth,
tenth and eleventh paragraphs, cannot reasonably be demanded, in the
mentioned paragraphs is read instead of ‘the daily exposure to noise’:
‘the weekly exposure to noise’. In that case the weekly exposure, taking
into account the muffling effect of the individual hearing protection worn
by the employee, is not more than 87 dB(A) and effective measures are
taken to minimize the risk related to these activities.
Art. 6.11 Information and education
To employees who are exposed to a daily exposure of noise of 80
dB(A) or higher and a peak acoustic pressure of 112 Pa or higher, effective
information and education is given about:
a. The nature of the risks resulting from
exposure to noise;
b. The measures, as referred to in art. 6.8,
taken to prevent or minimize the risks as referred to under a;
c. The action values, as referred to in art.
6.8, 3rd, 4th, 7th and 9th paragraph and the limit values as referred to in
art. 6.8, 10th paragraph;
d. The results of the assessment and measurement
of the noise levels to which employees have been exposed, as referred to in
art. 6.7, 1st and 2nd paragraph, and an explanation of the meaning and
possibly related risks;
e. The correct use of the individual hearing
protection;
f. How signals of hearing impairment can be
detected and reported;
g. The circumstances in which employees are
entitled to an occupational health examination and the purpose of this
examination and
h. Safe working methods to minimize the exposure
to noise.
SECTION 3A Vibrations
§ 1 General
Art. 6.11a Definitions, limit values and action values
1. In this section is meant by:
a. Directive: Directive no. 2002/44/EC of the
European Parliament and the Council of the European Union of 25 June 2002
regarding the minimum requirements as regards health and safety regarding
the exposure of employees to the risks of physical agents (vibrations)
(PbEG L 177);
b. hand-arm vibrations: mechanical vibrations
which, when they are transferred to the hand-arm system of human beings,
include risks to the health and safety of the employees, in particular
vascular, bone or joint, neural or muscle disorders;
c. body vibrations: mechanical vibrations
which, when transferred to the body as a whole, include risks to the
safety and health of the employees, in particular disorders of the lower
back and lesions of the spinal column.
2. For the hand-arm vibrations is:
a. the limit value for daily exposure reduced
to a standard reference period of eight hours, established at 5m/s2;
b. the action value for daily exposure reduced
to a standard reference period of eight hours, established at 2.5m/s2.
3. For body vibrations is:
a. the limit value for daily exposure reduced
to a standard reference period of eight hours, established at 1.15 m/s2;
b. the action value for daily exposure reduced
to a standard reference period of eight hours, established at 0.5 m/s2.
§ 2 Requirements with regard to vibrations
Art.
6.11b More detailed requirements risk inventory and evaluation of risks,
assessment and measurement
1. Within the framework of the risk inventory
and evaluation of risks, as referred to in art. 5 of the Act, the levels of
the mechanical vibrations to which the employee is exposed, are assessed
and, if necessary, measured.
2. The assessment and the measurement are
carefully planned and carried out with adequate intervals.
3. The assessment and the measurement for
hand-arm vibrations take place in accordance with the items 1 and 2 of part
A and for body vibrations in accordance with the items 1 and 2 of part B of
the Annex to the Directive.
4. The results of the measurement are kept in an
appropriate form so they can be consulted later on.
5. The following aspects are in any case
involved in the assessment:
a. the level, the nature and the duration of
the exposure, including eventual exposure to periodical vibrations or
repeated shocks;
b. the laid-down limit values and action
values for the exposure, as referred to in art. 6.11a, second and third
paragraphs;
c. possible effects on the health and safety
of employees with an increased risk;
d. possible indirect effects on the safety of
employees which are caused by the interaction between mechanical
vibrations and the workplace or other work equipment;
e. the information provided by the
manufacturers of the work equipment;
f. the existence of replacing material which
has been designed to reduce the levels of exposure to mechanical
vibrations;
g. continuation of the exposure to body
vibrations beyond usual working hours under responsibility of the
employer;
h. special occupational safety and health,
like working at low temperatures;
i. relevant information provided by the
occupational health examinations, as referred to in art. 6.11e, including
published information, insofar as that is possible
6. The assessment is regularly revised, in any
case when changed circumstances or results of the occupational health
examination, as referred to in art. 6.11e, require so.
Art. 6.11c Prevention or reduction of harmful vibrations
1. If the action values, as referred to in art.
6.11a, second paragraph, item b, and third paragraph, item b, are or can be
exceeded, attention is paid, with due regard for art. 3, first paragraph,
item b, of the Act, in the risk inventory and evaluation of risks, as
referred to in art. 5 of the Act, and in the corresponding action plan, to:
a. alternative working methods which reduce
the necessity for exposure to mechanical vibrations;
b. the choice of the right work equipment,
ergonomically well designed and causing as little vibrations as possible,
taking into account the work to be performed;
c. the supply of auxiliaries to prevent the
risk of health damage due to vibrations;
d. appropriate maintenance programs for the
work equipment, the workplace and the systems on the workplace;
e. the design and the subdivision of the
workplace;
f. adequate information and education of the
employees, so they can use the work equipment safely and correctly, such
that the exposure to mechanical vibrations is as little as possible;
g. reduction of the duration and intensity of
the exposure;
h. appropriate work schedules with sufficient
breaks;
i. the provision of clothing which protects
the exposed employees against cold and moisture.
2. Employees shall not be exposed to vibrations
above the limit value for exposure, as referred to in art. 6.11a, second
paragraph, item a, and third paragraph, item a.
3. If the limit value is nevertheless exceeded:
a. measures are taken immediately to reduce
the exposure till beneath the limit value for exposure;
b. the cause of the exceeding of the limit
value is investigated;
c. the protective and preventive measures are
adapted to prevent that the limit value is exceeded again.
4. The employer gears the measures at the needs
of employees with an increased risk.
Art. 6.11d Information and education
To employees who are exposed to risks in connection with
mechanical vibrations at work, is given effective information and education
about:
a. measures which have been taken to remove or
minimize the risks in connection with mechanical vibrations;
b. the limit values and action values for
exposure;
c. the results of the performed assessments and
measurements of mechanical vibrations and the health damage which the used
work equipment can cause, in accordance with art. 6.11b;
d. the benefit of and the method for searching
and reporting symptoms of health damage;
e. the circumstances in which employees are
entitled to an occupational health examination;
f. safe working methods to minimize the exposure
to mechanical vibrations.
Art. 6.11e Occupational health examination as regards vibrations
1. Every employee who is entrusted with
activities which according to the assessment, as referred to in art. 6.11b,
first paragraph, can cause danger to the safety or health, for the first
time, is, in addition to art. 18 of the Act, enabled to be subjected to an
occupational health examination before the start of the activities.
2. If a disorder is found with an employee which
could be the result of an exposure to mechanical vibrations, the employees,
who have been exposed in a similar manner to mechanical vibrations, are
prematurely enabled to be subjected to an occupational health examination.
3. At the request of the employer or the
employee involved, the occupational health examination is performed again.
The results of the renewed examination replace those of the previous one.
4. When a demonstrable disease or a harmful
effect to the health has been established with an employee as a result of
exposure to mechanical vibrations, he is informed by the expert person, as
referred to in art. 2.14a, second paragraph, or the safety, health and
welfare service, about the manner in which he will be enabled to be
subjected to an occupational health examination after the exposure has
ended.
Art. 6.27 Work prohibitions young employees
1. Young employees may do no diving work,
caisson work and other work under increased atmospheric pressure, as
referred to in art. 6.13.
2. Young employees may not work with appliances
which can emit harmful non-ionising electromagnetic radiation.
3. Young employees may not work on a workplace
where the daily exposure to noise is 85 dB(A) or higher or the peak acoustic
pressure is 140 Pa or higher.
4. Young employees may not be exposed to harmful
vibrations.
Art. 7.3 Suitability work equipment
1. At the choice of the work equipment which the
employer makes available, are taken into account the specific features of
the work which appeared from the risk inventory and evaluation of risks, as
referred to in art. 5 of the Act, with the circumstances in which it is
performed, with the dangers which are already at the workplace and with the
dangers which could be added by the use of the relevant work equipment.
2. In order to prevent that the use of work
equipment can cause dangers to the safety and health of the employees, the
work equipment which is put at the disposal of the employees at the
workplace, is only used for the purpose, in the manner and on the location
for which it has been designed and intended. 3. Work equipment is,
furthermore, suitable for the work to be performed or has considerably been
adapted.
4. Insofar as it is reasonably not possible to
prevent the dangers during the use of the work equipment, such measures are
taken that the dangers are as much as possible reduced.
4. Art. 3.17 is equally binding.
Art. 7.4a Examinations
1. Work equipment of which the safety depends on
the manner of installation, is examined after the installation and before it
is put into use for the first time for the right manner of installation and
proper and safe functioning.
2. Work equipment as referred to in the first
paragraph, is, furthermore, examined after each erection on a new location
or a new place for the right manner of installation and proper and safe
functioning.
3. Work equipment subjected to influences which
lead to deteriorations which can induce the origin of dangerous situations,
is examined as often as necessary for guaranteeing a good condition, while
it is tested, if necessary.
4. Work equipment as referred to in the third
paragraph is also examined, while it is tested, if necessary, each time when
exceptional events have occurred which can have harmful effects on the
safety of the work equipment. As exceptional events are in any case
regarded: natural phenomena, changes to the work equipment, accidents with
the work equipment and lengthy decommissioning of the work equipment.
5. Examinations are performed by an expert
natural person, legal person or institute.
6. Written evidence of the performed
examinations are available at the workplace and are shown, upon request, to
the supervisor.
7. This Article is not applicable to amusement
and playground equipment to which the Amusement and Playground Equipment
(Commodities Act) Decree applies.
8. The first through fifth paragraphs are not
applicable to scaffolding to which art. 7.34 applies.
9. The first through third paragraphs are not
applicable to:
a. lifting and hoisting gear and lifting and
hoisting tools on board ships to which art. 7.29 applies;
b. lifts to which the Lifts (Commodities Act)
Decree applies.
10. The first and second paragraphs are not
applicable to pressure equipment, compositions and pressure systems to which
art. 12b of the Pressure Equipment Decree applies.
11. The first and second paragraphs are not
applicable to pressure equipment to which art. 12b of the Pressure Equipment
(Commodities Act) Decree applies.
12. The third paragraph is not applicable to:
a. lifting and hoisting tools to which art.
7.20 applies;
b. containers to which the Containers
(Commodities Act) Decree applies;
c. cranes to which the art. 6d through 6f of
the Machinery (Commodities Act) Decree apply;
d. pressure equipment to which art. 12c of the
Pressure Equipment (Commodities Act) Decree applies.
13. As regards changes or repairs, the fourth
paragraph is not applicable to pressure equipment to which art. 12c of the
Pressure Equipment (Commodities Act) Decree applies.
14. The first through third paragraphs are not
applicable to lifting and hoisting tools for professional passenger
transport to which the Machinery (Commodities Act) Decree applies.
Art. 7.5 Assembly, disassembly, maintenance, repair and cleaning of
work equipment
1. The necessary measures are taken to ensure
that the work equipment, during the entire period of operation, is kept in
such a state by adequate maintenance that danger to the safety and health of
the employees is prevented as much as possible.
2. Maintenance, repair and cleaning activities
to work equipment are only performed if the work equipment has been switched
off and has been made pressureless or dead. If this is not possible,
effective measures are taken to be able to perform those activities safely.
3. The second paragraph is equally binding to
production and adjusting activities with or to work equipment.
1. This paragraph has not yet entered into
force.
4. A maintenance book belonging to work
equipment is properly kept up to date.
5. Assembly and disassembly of work equipment
takes place safely, with due regard for the eventual instructions of the
manufacturer.
Art. 7.6 Expertise employees
1. As regards work equipment, the use of which
can cause a specific danger to the safety of the employees, the use remains
reserved for employees who have been entrusted with the use.
2. Employees entrusted with the conversion,
maintenance, repair or cleaning of work equipment as referred to in the
first paragraph, have a specific expertise and experience to that end.
Art. 7.7 Safety equipment in connection with moving parts of work
equipment
1. If moving parts of work equipment cause
danger, they have been provided with such screens or security devices that
the danger is prevented as much as possible.
2. The screens or security devices have been
solidly constructed.
3. The screens or security devices cause no
special dangers.
4. The screens or security devices cannot simply
be neglected or put out of operation.
5. The screens or security devices are fitted at
sufficient distance from the dangerous zone of the work equipment.
6. The screens or security devices obstruct the
view of the work as less as possible.
7. The screens or security devices have been
fitted such that the necessary maintenance and repair activities can be
performed safely. It is prevented as much as possible that the screens or
security devices must be disassembled.
Art. 7.9 High and low temperature
It is prevented as much as possible that employees are in the
immediate vicinity of work equipment or a component of it with a very high or
very low temperature. If that is not possible, effective measures have been
taken to prevent contact with that work equipment or that component of it.
SECTION 4 Additional requirements specific work equipment and
activities
Art. 7.17 Chain provision
Besides the requirements of sections 1 through 3 of this chapter, the
requirements of this section are also applicable to the specific work
equipment and activities mentioned in this section.
§ 2 Requirements for mobile work equipment
Art. 7.17a Mobile work equipment
1. Mobile work equipment on which one or more
persons can be carried, have been equipped such that the danger for these
persons during the transport is as much as possible reduced.
2. Mobile work equipment, with the exception of
lift trucks, with which one or more persons can be carried, have been
equipped such that, under the actual operational conditions, the dangers due
to the turning over or falling of the mobile work equipment are as much as
possible reduced by:
a. a protective construction which avoids that
the mobile work equipment turns over more than a quarter turn;
b. a construction which ensures that there is
sufficient free space around the persons to be carried when the mobile
work equipment can move more than a quarter turn, or
c. other facilities with an equal safety
level.
3. The second paragraph is not applicable if the
mobile work equipment is stabilized during the use or if the mobile work
equipment has been designed such that it cannot turn over or fall.
4. If there is danger that the persons to be
carried can be trapped between the parts of the mobile work equipment and
the ground in case of turning over or falling, a system has been installed
with which they can be stopped.
5. Lift trucks with which one or more persons
can be carried, have been equipped such that the danger of turning over or
its effects are as much as possible reduced by:
a. an operator cabin;
b. a device which avoids that the lift truck
turns over;
c. a device which ensures that, if the lift
truck turns over, there is sufficient free space for the persons to be
carried between the ground and specific parts of the lift truck;
d. a device on each seat of the lift truck,
with which the persons on the truck can be secured on the seat, or e.
other facilities with an equal level of safety.
6. If the sudden blockade of components for the
energy transfer between the mobile work equipment and its fittings or
appendants can provide specific dangers, this work equipment has been
equipped with a facility which impedes this blockade. If such a blockade
cannot be impeded, such measures have been taken that the dangers are as
much as possible reduced.
7. Mobile work equipment has been provided with
means for the attachment of components for the energy transfer, when these
components can become polluted or damaged because they are dragged over the
ground.
Art. 7.17b Equipment self-propelled mobile work equipment
1. In addition to art. 7.17a, this art. is
applicable to self-propelled mobile work equipment, the movement of which
can cause dangers for the employees.
2. Mobile work equipment is equipped with:
a. devices to avoid that they can be put into
operation by unauthorized persons;
b. effective provisions for the reduction of
the effects of an eventual collision, if different work equipment riding
on rails is moved at the same time;
c. a brake and stopping device;
d. an emergency device, insofar as it is
necessary for the sake of safety, which device can slow down and halt the
mobile work equipment in case of failure of the main system of the brake
and stopping device by means of easily accessible control gear of by
automatic systems;
e. effective aids which enable an adequate
visibility for the operator if his direct visual field is inadequate to
guarantee the safety of persons.
3. If mobile work equipment is used at night or
on dark places, it has been provided with a lighting installation which has
been adapted to the work to be performed and which provides the employees
sufficient safety.
4. If mobile work equipment, their appendants,
or cargoes, can cause danger of fire for persons, it has been provided with
effective fire-fighting material, unless the workplace has been equipped
with this at sufficient short distance from this work equipment, their
appendants or cargoes.
5. If mobile work equipment is controlled at a
short distance, it automatically comes to a standstill when it leaves the
control area.
6. If mobile work equipment is remotely
controlled and is able to collide with or underrun employees under normal
operating conditions, it has been provided with facilities which offer
protection against these dangers, unless there other suitable facilities to
reduce the danger of collisions.
§ 3 Requirements for loading and unloading of ships
Art. 7.24 Access to the ship
1. In addition to art. 3.2, the access to a hold
of a ship or deck is only allowed by a fixed stairway or, if this is not
possible, a fixed ladder or clamps or feet openings with appropriate
dimensions, of sufficient strength and with an adequate construction or
other sound means of access.
2. The means of access mentioned in the first
paragraph are, if this is reasonably possible, separated from the hatchways.
Art. 7.25 Hatches
1. Hatches which are placed or removed by means
of lifting or hoisting gear, have been equipped with well accessible and
suitable attachments for the securing of lifting tools.
2. If hatches are not interchangeable, they have
been clearly marked to indicate to which hatchway as well at which location
they belong.
3. Motor operated or hydraulically operated
hatches and other motor or hydraulically driven ship’s equipments are only
placed or removed by a competent person.
4. The hatches and ship’s equipment as referred
to in the third paragraph, are only placed or removed when this can happen
in a safe manner.
5. Hatchways which have been equipped with an
efficient coaming are closed or otherwise secured as soon as the loading and
unloading activities have ended.
6. Hatches are not placed or removed, if people
are working in the hold under the hatchway.
7. Hatches which have not been adequately locked
against displacement, are removed before the loading and unloading
activities are started.
Art. 7.26 Processing of goods or materials
1. The storage or transshipment, loading or
unloading, stowage or otherwise processing of goods or materials on the
quay, in sheds or in the ship, happens in a safe and orderly manner, taking
into account the nature of those goods or materials and its packaging.
2. Loads are not raised or lowered, unless they
have been nailed in a safe manner to the lifting or hoisting gear or have
been attached otherwise.
Art. 7.27 Rigging plans and means for binding or lifting
1. For the safe rigging of derricks and the
corresponding utensils, rigging plans and all related information is
available on board the ship. The rigging plans are shown, upon request, to
the supervisor.
2. Means for binding or lifting, intended for
single use, are not used again.
Art. 7.28 Containers
During the
loading and unloading of containers, adequate means are available which
guarantee the safety of the employees when the lashings of the containers are
attached or removed.
Art. 7.29 Lifting and hoisting gear and lifting and hoisting tools on
board ships
1. Contrary to art. 7.20, sixth and seventh
paragraphs, the following provisions apply to lifting and hoisting gear as
well as lifting and hoisting tools on board ships, which are used for
loading and unloading.
2. Lifting and hoisting gear including the
corresponding fittings, components, points of attachment, anchorages and
supports, and lifting and hoisting tools are effectively tested and examined
for their good condition, before they are put into use for the first time.
3. Gear and tools as referred to in the second
paragraph, are effectively tested and examined for their good condition
after any important alteration or repair which may affect the safety.
4. Gear and tools as referred to in the second
paragraph, are, depending on the actual load, regularly, but in any case at
least once every five years, effectively tested and examined for their good
condition,.
5. Lifting and hoisting gear and lifting and
hoisting tools are, depending on the actual load, regularly, but in any case
at least once a year, tested for their good condition.
6. Lifting and hoisting tools are, depending on
the usage, regularly checked into their good condition.
7. Testings and examinations as referred to in
the second through fourth paragraphs, are performed by Our Minister or a
certificating institute.
8. Examinations and checks as referred to in the
fifth and sixth paragraphs, are performed by an expert natural person, legal
person or institute.
9. Certificates of the testings and
examinations, as referred to in the second through fourth paragraphs, are
issued by the certificating institute, as referred to in the seventh
paragraph, according to a model established by Ministerial Regulation.
10. A register of lifting and hoisting gear and
lifting and hoisting tools is kept on board every ship according to a model
established by Ministerial Regulation, in which the certificates as referred
to in the ninth paragraph are incorporated. In the register are mentioned
the operational load or operational loads of the lifting and hoisting gear,
the workload of the lifting and hoisting tools as well as the times and the
results of the testings and examinations as referred to in the second
through fifth paragraphs. The times and the result of the checks as referred
to in the sixth paragraph are mentioned, if a defect has been found at the
relevant checks.
The register is shown, upon request, to
the supervisor.
SECTION 1 Personal protective devices
Art. 8.1 General requirements personal protective device
1. A personal protective device which has been
put at the disposal of the employee by the employer is in accordance with
the relevant provisions regarding design and construction in the field of
safety and health, as referred to in the Personal Protective Devices
(Commodities Act) Decree. The previous sentence is only applicable insofar
the personal protective device as referred to is covered by the scope of the
mentioned Decree.
2. In all cases a personal protective device
must:
a. be suitable for the dangers to be avoided,
without containing an increased danger itself;
b. meet the existing conditions on the
workplace;
c. be geared at the ergonomic requirements and
the requirements with regard to the health of the employees;
d. after the required adjustments, be fit for
the bearer.
3. If different dangers require simultaneous
wearing of more than one personal protective device, these personal
protective devices have been geared to each other and they remain efficient
against the relevant danger or the relevant dangers.
4. The choice of the personal protective device
and the manner in which it must be used, in particular as regards the
duration of the wearing, are determined independently of the seriousness of
the danger, the frequency of the exposure to the danger and the features of
the workplace of every employee separately as well as of the effectiveness
of the personal protective device.
5. A personal protective device has basically
been intended for use by one person. If the circumstances require that a
personal protective device is used by more than one person, effective
measures are taken, so that such usage causes no health or hygienic problems
for the various users.
6. Adequate information about any personal
protective device, necessary for the application of the first, second, third
and fourth paragraphs, is available in the business or the institution and
is passed on, if necessary.
7. Personal protective devices are only used for
the intended purposes.
8. Personal protective devices are used in
accordance with the instructions.
Art. 8.2 Choice personal protective device
Before choosing a personal protective device, the employer, makes
an assessment within the framework of the risk inventory and evaluation of
risks, as referred to in art. 5 of the Act, of the equipment he intends to
make available, in order to verify to which extent it complies with the
conditions in art. 8.1, first, second and third paragraphs. This assessment
includes:
a. a risk inventory and evaluation of risks of
the dangers which cannot be evaded with other means;
b. a description of the features which the
personal protective devices must possess in order to be able to overcome the
dangers mentioned under a, taking into account eventual sources of danger
which can be the personal protective devices themselves;
c. a risk inventory and evaluation of risks of
the features of the relevant personal protective devices which are
available, compared to the features as referred to under b.
Art. 8.3 Availability and use of personal protective devices
1. If there is danger for the safety or the
health of an employee at the workplace or if it can be caused, personal
protective devices are available in sufficient number for the employees who
are or can be exposed to that danger.
2. In the cases, as referred to in the first
paragraph, is ensured that the employees use the personal protective
devices.
3. Personal protective devices are maintained,
repaired and kept neat.
4. For the benefit of the properly functioning
of personal protective devices, the necessary replacements of them take
place.
Art. 9.3 Obligations of the employee
1. If personal protective devices or aids are
put at the disposal of the employee on the basis of the provisions of or
pursuant to this Decree, the employee is obliged to use these personal
protective devices and aids in accordance with the applicable requirements
and to keep them neat. The previous sentence is not applicable to cases, as
referred to in art. 6.8, seventh paragraph, first sentence.
2. Moreover, the employee is obliged to comply
with the requirements and prohibitions which have been incorporated in the
following Articles:
a. of Chapter 2: art. 2.42g;
b. of Chapter 3: the art. 3.5, 3.5g, first
paragraph, and 3.5h, second, fourth and fifth paragraphs;
c. of Chapter 4: the art. 4.1c, first
paragraph, under f, j and k, 4.7, third paragraph, under c and d, 4.8,
second, third and fourth paragraphs, 4.9, second and third paragraphs,
4.19, under a, 4.45, first paragraph, 4.47a, third paragraph, 4.48a, first
and fourth paragraphs, 4.50, fifth and sixth paragraphs, 4.51, 4.54d,
fourth, sixth and eighth paragraphs, insofar as it concerns the
certificates from the fourth and sixth paragraphs, 4.58, first paragraph,
4.59, first paragraph, 4.60, first paragraph, 4.61, second through fifth
paragraphs, 4.61a, first paragraph, 4.61b, first paragraph, 4.86, third
paragraph, 4.87a, third paragraph, under d, 4.89, first and fourth
paragraphs, 4.108 and 4.109, as well as with regard to work with asbestos
or products containing asbestos, as referred to in art. 4.37, the art.
4.19, heading and under a, and 4.20, third paragraph;
d. of Chapter 6: the art. 6.14, 6.14a, fifth
paragraph, 6.15, first paragraph, under c, 6.16, first through third
paragraphs and fifth through eighth paragraphs, 6.18, fourth paragraph,
6.19, first paragraph, 6.20, fourth paragraph, and 6.29;
e. of Chapter 7: the art. 7.5, second and
third paragraphs, 7.13, seventh paragraph, 7.17c, second, third, seventh
and eighth paragraphs, 7.18, second, fourth, sixth through eighth
paragraphs, and ninth paragraph, and ninth paragraph, as regards the
application of the established procedures, as referred to in this
paragraph, 7.18a, second paragraph, third paragraph, tenth paragraph, as
regards the application of the established procedure, as referred to in
this paragraph, and thirteenth paragraph, 7.20, fourth paragraph, 7.21,
second paragraph, 7.23c, first paragraph, item b, 7.23d, first, third and
fifth paragraphs, 7.24, first paragraph, 7.25, sixth paragraph, and 7.32,
first and second paragraphs.
3. The obligations for employees, mentioned in
this Article, are not applicable to pupils and students in educational
establishments.
Occupational safety and health regulation
Art. 1.11
Data occupational diseases
1. In this Article ‘occupational disease’ means:
a disease or disorder as a result of a load which has mainly occurred during
work or occupational safety and health.
2. The notification of an occupational disease,
as referred to in art. 9, third paragraph, of the Act, contains at least the
following data which cannot be traced back to an individual natural person:
a. the diagnosis;
b. the sex and the year of birth of the
employee;
c. the nature and the degree of the load
during work or occupational safety and health;
d. the nature of the activities at the time of
the origin of the occupational disease;
e. the profession of the employee at the time
of the exposure, and
f. the economic activity of the employer at
the time of the exposure.
3. The data as referred to in the second
paragraph are given in accordance with the instructions of the institute, as
referred to in art. 9, third paragraph, of the Act.
Shipping Act, art. 26e
1. On board every ship a safety committee will
be established.
3. The task of the Safety Committee is o advise
the captain on measures to prevent occupational accidents on board
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