{"id":13498,"date":"2022-09-05T19:54:52","date_gmt":"2022-09-05T19:54:52","guid":{"rendered":"http:\/\/legalblog.ie\/?p=13498"},"modified":"2022-09-25T07:23:49","modified_gmt":"2022-09-25T07:23:49","slug":"particular-risks-i","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/particular-risks-i\/","title":{"rendered":"Exposures General [EU]"},"content":{"rendered":"
There are a group of directives which provide for a common approach to particularly risky activities, substances, and processes.\u00a0 In each of the relevant areas the general approach of risk assessment is applied with obligations on the employer to identify and if possible eliminate the risk entirely.<\/p>\n
In the case of several of the directives there are exposure of values and exposure limit.\u00a0 Where exposure values are exceeded extra monitoring is required.\u00a0 Where the exposure limits are exceeded immediate steps must be taken to rectify the position.<\/p>\n
Health surveillance is required where particular risks are involved.\u00a0 Employees and their representatives must be consulted. \u00a0They’re entitled to access to their files.\u00a0 Records must be kept for a certain period.<\/p>\n
There are specific directives in the area of<\/p>\n
There are directives involving a similar approach to be taken in respect of risks from physical agents, chemical agents, biological agents, and carcinogen.<\/p>\n
Physical agents refer to the risk of injury from vibrations.\u00a0 This may be vibration transmitted through the hand or arm entailing risks to the health and safety of workers, in particular vascular bone or joint neurological or muscular disorders or vibration which is \u00a0transmitted to the whole body and entails risk to health and safety of the worker particularly in relation to lower back mobility and trauma to the spine. There are technical requirements in respect of exposure limit for each type of vibration<\/p>\n
The requisite risk assessment must be undertaken in the same manner as set out above.\u00a0 The directive sets out matters which must be considered in the context of the risk assessment. \u00a0This includes<\/p>\n
On the basis of the risk assessment, employers must determine what measures are taken to avoid and reduce risks. \u00a0Once the action values are exceeded, the employer must establish and implement a program of technical and \/or organisational measures to a minimise the mechanical vibration and risks taking account of<\/p>\n
Workers shall not be exposed above the exposure limit. \u00a0If this occurs immediate remedial action is required.<\/p>\n
The employer must inform the employee of the risks and measures taken to mitigate it.<\/p>\n
Health surveillance is appropriate where the exposure is such that a link can be established between an identifiable illness and harmful effect in health or it is probable that the illness or the effects occur as a result of working conditions. In any event workers exposed to the action value limit are entitled to appropriate health surveillance.<\/p>\n
States must take measures to ensure that each employee undertakes health surveillance and health records are kept. Where an employee is found to have an identifiable disease or adverse health effect, the employee must be informed and advised appropriately.<\/p>\n
The employer must be informed and must immediately review and take steps to eliminate the risk. Limited derogations are permissible by competent authorities in particular fields.<\/p>\n
There are similar provisions in respect of electromagnetic fields.\u00a0 The exposure limit values are defined by the directive on the basis of frequencies that are recognised as having harmful effect on human cardiovascular systems or central nervous system, or capable of causing whole body heat, stress, or excess localised heating of tissues.<\/p>\n
The action values are specified in the directives. Employers must assess the development of risks and make provisions to reduce or eliminate it.<\/p>\n
If the action values are exceeded, the employers must devise and implement an action plan comprising technical or organisational measures to prevent exposures from exceeding the exposure limit value. \u00a0This may require modification of working methods, choice of equipment, better design of workstations.<\/p>\n
Employees are entitled to information regarding risk assessment and measures taken.<\/p>\n
Health surveillance is required where the limit values are exceeded. \u00a0Employees must have access to their own health records.<\/p>\n
The provisions in the directive in respect to hazardous chemical agents covers a range of hazardous agents which are identified as being potentially harmful to human health. \u00a0Indicative exposure levels are established at Community level and member states must establish\u00a0 national exposure limits, taking account of the EU value.<\/p>\n
The employer must determine whether hazardous chemical agents are present in the workplace and assess the risk having regard to the hazardous properties, degree of exposure, information on health and safety provided by the employer, national occupational limits, effective preventive measures<\/p>\n
Where several hazardous agents are present, the risk assessment must be appraised on the basis of the agents in combination. Where a new activity involving hazardous chemical agent commences, the relevant risk assessment and preventative measures must first be taken.<\/p>\n
Risks must be eliminated or reduced by a combination of factors including<\/p>\n
The risks must be eliminated or reduced to a minimum preferably by substitution.<\/p>\n
In order of priority the following is required<\/p>\n
Measures must be accompanied by health surveillance if this is appropriate to the nature of the risk. \u00a0Chemical agents must be measured here they \u00a0present a risk to human health.\u00a0 Further \u00a0steps must be taken to prevent and eliminate the risks in the workplace.\u00a0 Procedures must be provided for in the event of an accident incident or emergency. \u00a0Safely drills must be \u00a0undertaken at regular intervals<\/p>\n
Information must be available on emergency arrangements. \u00a0Advance notice of work hazards to emergency services may be required. \u00a0Information must be available on specific hazards that make arise in an emergency.<\/p>\n
Steps must be taken to ensure<\/p>\n
Limited derogations are possible.<\/p>\n
Health surveillance on workers is required where risk assessment reveals a risk to health.<\/p>\n
Health surveillance is compulsory when binding limits have been set.\u00a0 Records and exposure records must be kept up-to-date.\u00a0 Where a worker is found to have a disease or adverse health effect, they must be immediately informed by a doctor who will provide information and advice regarding health surveillance.<\/p>\n\n
There are a group of directives which provide for a common approach to particularly risky activities, substances, and processes.\u00a0 In each of the relevant areas the general approach of risk assessment is applied with obligations on the employer to identify and if possible eliminate the risk entirely. In the case of several of the directives […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[211],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/13498"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=13498"}],"version-history":[{"count":3,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/13498\/revisions"}],"predecessor-version":[{"id":18598,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/13498\/revisions\/18598"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=13498"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=13498"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=13498"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}