S.L. 646.23 Art. 5Provisions aimed at avoiding or reducing risks. S.L. 424.16

(1) Taking account of technical progress and the availability of measures to control the production of electromagnetic fields at the source, the employer shall take the necessary actions to ensure that risks arising from electromagnetic fields at the workplace are eliminated or reduced to a minimum.

(2) On the basis of the risk assessment referred to in regulation 4, once the relevant ALs, referred to in regulation 3 and in Schedules II and III, are exceeded and unless the assessment carried out in accordance with regulation 4(1), (2) and (3) demonstrates that the relevant ELVs are not exceeded and that safety risks can be excluded, the employer shall devise and implement an action plan that shall include technical and, or organisational measures to prevent exposure exceeding the health effects ELVs and sensory effects ELVs, taking into account, in particular:

(a) other working methods that entail less exposure to electromagnetic fields;

(b) the choice of equipment emitting less intense electromagnetic fields, taking account of the work to be done;

(c) technical measures to reduce the emission of electromagnetic fields, including, where necessary, the use of inter- locks, shielding or similar health protection mechanisms;

(d) appropriate delimitation and access measures, such as signals, labels, floor markings, barriers, in order to limit or control access;

(e) in the case of exposure to electric fields, measures and procedures to manage spark discharges and contact currents through technical means and through the training of workers;

(f) appropriate maintenance programmes for work equipment, workplaces and workstation systems;

(g) the design and layout of workplaces and workstations;

(h) limitations of the duration and intensity of the exposure;

(i) the availability of adequate personal protection equipment.

(3) On the basis of the risk assessment referred to in regulation 4, the employer shall devise and implement an action plan that shall include technical and, or organisational measures to prevent any risks to workers at particular risk, and any risks due to indirect effects, referred to in regulation 4.

(4) In addition to providing the information set out in regulation 6, the employer shall adapt the measures referred to in this regulation to the requirements of workers at particular risk and, where applicable, to individual risks assessments, in particular in respect of workers who have declared the use of active or passive implanted medical devices, such as cardiac pacemakers, or the use of medical devices worn on the body, such as insulin pumps, or in respect of pregnant workers who have informed their employer of their condition.

(5) On the basis of the risk assessment referred to in regulation 4, workplaces where workers are likely to be exposed to electromagnetic fields that exceed the ALs shall be indicated by appropriate signs in accordance with Schedules II and III and with the Work Place (Provision of Health and, or Safety Signs)

Regulations. The areas in question shall be identified and access to them limited, as appropriate. Where access to these areas is suitably restricted for other reasons and workers are informed of the risks arising from electromagnetic fields, signs and access restrictions specific to electromagnetic fields shall not be required.

(6) Where regulation 3(3)(a) applies, specific protection measures shall be taken, such as the training of workers in accordance with regulation 6 and the use of technical means and personal protection, for example the grounding of work objects, the bonding of workers with work objects (equipotential bonding) and, where appropriate and in accordance with Article 4(1)(a) of Council Directive 89/656/EEC of 30 November 1989 on the minimum health and safety requirements for the use by workers of personal protective equipment at the workplace, the use of insulating shoes, gloves and protective clothing.

(7) Where regulation 3(4)(a) applies, specific protection measures, such as controlling movements, shall be taken.

(8) Workers shall not be exposed above the health effects ELVs and sensory effects ELVs, unless the conditions under either regulation 9(1)(a) or (c) or regulation 3(3) or (4) are fulfilled. If, despite the measures taken by the employer, the health effects ELVs and sensory effects ELVs are exceeded, the employer shall take immediate action to reduce exposure below these ELVs. The employer shall identify and record the reasons why the health effects ELVs and sensory effects ELVs have been exceeded, and shall amend the protection and prevention measures accordingly in order to prevent them being exceeded again. The amended protection and prevention measures shall be preserved in a suitable traceable form so as to permit consultation at a later stage, in accordance with national law and practice.

(9) Where the provisions of regulation 3(3) and (4) apply and where the worker reports transient symptoms, the employer shall, if necessary, update the risk assessment and the prevention measures. Transient symptoms may include:

(a) sensory perceptions and effects in the functioning of the central nervous system in the head evoked by time varying magnetic fields; and

(b) static magnetic field effects, such as vertigo and nausea.