S.L. 646.21 Art. 9Exemptions.

(1) In compliance with the general principles of health and safety protection for workers, in the case of sea and air transport, the Minister responsible for the safety of the crew on board vessels, may by order in writing grant exemptions from regulation 5(3) in duly justified circumstances with respect to whole-body vibration where, for technical reasons or the specific characteristics of workplaces, it is not possible to comply with the exposure limit value despite the technical or organisation measures taken.

(2) In a case where the exposure of a worker to mechanical vibration is usually below the exposure action values given in regulation 3(1)(b) and (2)(b) but varies markedly from time to time and may occasionally exceed the exposure limit value, the Minister may by order in writing grant exemptions from regulation 5(3). However, the exposure value averaged over forty hours must be less than the exposure limit value and there must be evidence to show that the risks from the pattern of exposure as it is occurring are lower than those from exposure at the exposure limit value.

(3) The exemptions referred to in subregulations (1) and (2) shall be subject to conditions, which in view of individual circumstances, ensure that the risks resulting from such exemptions are reduced to a minimum and the exemptions shall be reviewed periodically and be revoked as soon as is reasonably practicable.