PHYSICAL AGENTS
The risk assessment and prevention in relation to the Physical Agents are discussed in Title VIII of Legislative Decree no. 81/2008, in particular with regard to:
- General provisions (Chapter I);
- protection of workers against noise exposure rschi at work (Chapter II);
- protection of workers against risks of exposure to vibration (Chapter III);
- protection of workers from risks of exposure to electromagnetic fields (Chapter IV);
- protection of workers from risks of exposure to artificial optical radiation (Chapter V);
- Penalties (Chapter VI).
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Risk Asswssmwnt and schedue (Chapter I)
The first chapter defines the obligations of carrying out Risk Assessment and its periodicity, and in particular defines that:
- as part of the assessment referred to in Article 28, the employer shall assess the risks arising from exposure to physical agents in order to identify and take appropriate preventive and protective measures with particular reference to the Code of Practice and to good practice;
- the assessment of risks from exposure to physical agents was planned and carried out, at least every four;
- the risk assessment is updated whenever changes occur that might make it obsolete, or, when the results of health surveillance show its revision to be necessary. The data obtained from the assessment, measurement and calculation of the levels of exposure are an integral part of the risk assessment document;
- the employer in assessing the precise risks such preventive and protective measures must be adopted;
- taking account of technical progress and the availability of measures to control the risk at source, the risks arising from exposure to physical agents shall be eliminated or reduced to a minimum;
- in any event, workers must be exposed above the exposure limit values;
- when, despite the measures taken by the employer with the exposure limit values are exceeded, the employer shall take immediate action to reduce exposure below the exposure limit values, identify the reasons for exceeding the exposure limit values and shall amend the protection and prevention measures to prevent them being exceeded again;
- the employer shall adapt the measures to the needs of workers belonging to particularly sensitive risk groups, including pregnant women and children.
- as part of the obligations laid down in Articles 36 and 37, the employer shall ensure that workers exposed to risks arising from physical agents in the workplace and their representatives are informed and trained with regard to the outcome of the risk assessment;
- the health surveillance of workers exposed to physical agents is carried out according to the general principles of Article 41, and is carried out by the competent doctor and when required based on the results of the risk assessment forwarded to him by the employer for through the prevention and protection service.
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Protection of workers against noise exposure at work (Chapter II)
Chapter II lays down minimum requirements for the protection of workers from risks to health and safety from exposure to noise at work.
In particular defines the exposure limit values and the action values, in relation to the level of daily exposure to noise and peak sound pressure:
- Exposure limit values LEX = 87 dB, respectively (A));
- values greater action: LEX = 85 dB, respectively (A));
- lower values of action: LEX = 80 dB, respectively (A)).
Exceeding the limits set forth above implies an intervention by the Employer and more particularly:
- if the noise exposure exceeds the lower action values, the employer makes available to workers individual hearing protectors;
- in the case where the exposure to noise is equal to or above the higher values of action it requires that workers use the individual hearing protection devices;
- choose individual hearing protection devices that eliminate the risk to hearing or to reduce it to a minimum, after consulting the workers or their representatives;
- verify the effectiveness of the individual hearing protectors;
- undergoes health surveillance workers whose noise exposure exceeds the upper action values;
- It ensures that workers exposed to values equal to or lower than the values of action are informed and
- sizes in relation to the risks from exposure to noise.
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Protection of workers against the risk of exposure to vibrations (Chapter III)
Chapter III prescribes measures for protecting the health and safety of workers who are exposed or may be exposed to risks from mechanical vibration. It also provides the definition of the concept of vibration transmitted image to the hand-arm and whole-body:
- vibrations transmitted to the hand-arm system: the mechanical vibration that, when transmitted to the human hand-arm system, entails risks to the health and safety of workers, in particular vascular, bone or joint, neurological or muscular disorders;
- vibrations transmitted to the whole body: the mechanical vibration that, when transmitted to the whole body, entails risks to the health and safety of workers, in particular lower-back morbidity and trauma of the spine.
The exposure limit values and the action values are different for hand-arm and whole body.
Hand-arm system
- the daily exposure limit value standardized to a reference period of eight hours, shall be 5 m / s2; while over short periods it is 20 m / s2;
- the daily exposure action value standardized to a reference period of 8 hours, which triggers the action, shall be 2,5 m / s2.
Whole body
- the daily exposure limit value standardized to a reference period of eight hours, shall be set at 1.0 m / s2; while over short periods is 1.5 m / s2;
- the daily exposure action value standardized to a reference period of eight hours, shall be 0,5 m / s2.
The daily action value is the value of exposure from which need to be implemented specific measures of protection for exposed individuals; such measures include the implementation of interventions aimed at eliminating or reducing risk, training and information for workers on the specific risk, periodic medical surveillance of exposed workers.
The daily exposure limit value represents the level of exposure the passing of which is prohibited and must be prevented, because it involves an unacceptable risk to a subject that will be exposed in the absence of protective devices.
In particular, then the Decree no. 81/2008 states that "the employer shall assess and, if necessary, measure the levels of mechanical vibration to which workers are exposed".
Therefore, the measurements will always be necessary in all those cases where it is not possible to go back to the exact value of the vibration is reported to the machine / equipment is normally adopted to the mode of use in the company.
The employer, then, will ensure that workers exposed to risks from mechanical vibration at work receive information and appropriate training on the basis of risk evaluation with emphasis on correct and safe use of work equipment and PPE , so as to minimize their exposure to mechanical vibration.
Workers who are exposed to vibration levels higher than the action values are subjected to at least an annual health surveillance.
Workers exposed to vibrations undergo health checks even when, according to the company doctor, you experience all the following conditions: the exposure of workers to vibration is such as to make possible the identification of a link between the exposure and an identifiable illness or harmful effects on health and it is probable that the illness or the effects occur in a worker's particular working conditions, and there are proven techniques that enable detection of the illness or the harmful effects on health.
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Protection of workerd from risk of exposure to electromagnetic fields (Chapter IV)
Chapter IV sets minimum requirements for the protection of workers from risks to health and safety arising from exposure to electromagnetic fields (0 Hz to 300 GHz).
Even in the case of electromagnetic fields are defined the exposure limit values and the action values:
- Exposure limit values (ANNEX XXXVI, point A, Table 1): limits on exposure to electromagnetic fields which are based directly on established health effects and biological considerations. Compliance with these limits will ensure that workers exposed to electromagnetic fields are protected against all short-term adverse health effects known;
- Values Action (ANNEX XXXVI, paragraph B, Table 2): the magnitude of directly measurable parameters, provided in terms of electric field strength (E), magnetic field strength (H), magnetic flux density (B), the induced current through the limbs (IL) and (S) power density, which determines the obligation to adopt one or more of the measures specified in this Chapter. Compliance with these values will ensure compliance with the relevant exposure limit values.
As part of the risk assessment, the employer shall assess and, if necessary, measure or calculate the levels of electromagnetic fields to which workers are exposed. The assessment, measurement and calculation must be made in accordance with the European standards from the European Committee for Electrotechnical Standardization (CENELEC). Until those rules have not provided all the relevant circumstances with regard to the assessment, measurement and calculation of workers to electromagnetic fields, the employer shall adopt the good practices identified or specifications issued by the Standing Advisory Committee for the Prevention of Accidents and occupational hygiene, or, alternatively, those of the Italian Electrotechnical Committee (IEC), taking into account, if necessary, of the emission levels provided by the manufacturers of the equipment.
Following the assessment of the levels of electromagnetic fields, where it appears that the action values are exceeded, the employer shall assess and, if necessary, calculate whether the exposure limit values are exceeded.
Following the risk assessment, if it appears that the action values are exceeded, the employer, unless the assessment carried out demonstrates that the exposure limit values are not exceeded and that can be excluded safety risks, processes and applies an action plan comprising technical and organizational measures to prevent exposure exceeding the exposure limit values.
Workplaces where workers may be exposed to electromagnetic fields exceeding the action values shall be indicated by appropriate signs.
In any event, workers must be exposed above the exposure limit values. If, despite the measures taken by the employer, the exposure limit values are exceeded, the employer shall take immediate action to reduce exposure below the exposure limit values, identify the reasons why the exposure limit values are exceeded and shall amend the protection and prevention measures to prevent them being exceeded again.
Health monitoring is performed periodically, usually once a year or less periods selected by the competent doctor with particular regard to workers at particular risk, taking into account the results of the risk assessment results transmitted by the employer.
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Protection of workers from risk of exposure to artificial optica radiation (Chapter V)
Chapter V lays down minimum requirements for the protection of workers from risks to health and safety that may arise from exposure to artificial optical radiation during their work with particular regard to the risks due to adverse effects on the eyes and skin.
Radiation referenced Chapter V are as follows:
- ultraviolet radiation: optical radiation of wavelength between 100 and 400 nm. The band of ultraviolet is divided into UVA (315-400 nm), UVB (280-315 nm) and UVC (100-280 nm);
- visible radiation: optical radiation of wavelength range between 380 and 780 nm;
- infrared radiation: optical radiation of wavelength range between 780 nm and 1 mm. The infrared region is divided into IRA (780-1400 nm), IRB (1400-3000 nm) and IRC (3000 nm-1 mm);
- Laser (amplification of light by stimulated emission of radiation): any device which can be made to produce or amplify electromagnetic radiation in the range of wavelengths of the optical radiation, in particular through a process of controlled stimulated emission;
- laser radiation: optical radiation from a laser;
- non-coherent radiation: any optical radiation other than laser radiation.
The exposure limit values for non-coherent radiation are given in ANNEX XXXVII, Part I.
The exposure limit values for laser radiation are given in ANNEX XXXVII, Part II.
As part of the risk assessment, the employer shall assess and, if necessary, measure and / or calculate the levels of optical radiation to which workers may be exposed. The methodology applied in assessment, measurement and / or calculations shall follow the standards of the International Electrotechnical Commission (IEC) in respect of laser radiation and the recommendations of the International Commission on Illumination (CIE) and the European Committee for Standardisation (CEN) with regard to coherent radiation.
If the risk assessment shows that the exposure limit values may be exceeded, the employer shall devise and implement an action plan comprising technical and / or organizational measures designed to prevent the exposure exceeding the values limit.
Based on the assessment of risks, workplaces where workers could be exposed to levels of optical radiation in excess of the exposure limit values shall be indicated by appropriate signs. The areas in question shall be identified and access to them limited where this is technically possible.
The employer shall adapt the measures referred to in this Article to the requirements of workers belonging to particularly sensitive risk groups.
Health monitoring is performed periodically, usually once a year or less periods selected by the competent doctor with particular regard to workers at particular risk, taking into account the results of the risk assessment results transmitted by the employer.
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Sanctions (Chapter VI)
The Cape We define sanctions is the responsibility of the employer and the manager is paid by the competent doctor.
Employer
- by imprisonment from three to six months or a fine of between 2,500 to 6,400 Euros for the violation of Articles 181, paragraph 2, 190, paragraphs 1 and 5, 202, paragraphs 1 and 5, 209, paragraphs 1 and 5, 216;
- by imprisonment from three to six months or a fine of between 2,000 to 4,000 Euros for the violation of Articles 190, paragraphs 2 and 3, 202, paragraphs 3 and 4, and 209, paragraphs 2 and 4.
Employer and Manager
- with imprisonment from three to six months or a fine of between 2,000 to 4,000 Euros for the violation of Articles 182, paragraph 2, 185, 192, paragraph 2, 193, paragraph 1, 195, 196, 197, paragraph 3, second sentence , 203, 205, paragraph 4, second sentence, 210, paragraph 1, and 217, paragraph 1;
- by imprisonment for two to four months or a fine of between € 750 to € 4,000 for the violation of Articles 184, 192, paragraph 3, first sentence, 210, paragraphs 2 and 3, and 217, paragraphs 2 and 3.
Company doctor
The competent doctor shall be punished by imprisonment of up to three months or a fine of between € 400 to € 1,600 for the violation of Articles 185 and 186.