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The action level of 2.8 ms 2 A(8) is not a “safe” level of vibration which if it is complied with it
is likely to avoid all injury. The action level is based upon statistical data demonstrating that a
vibration dose equivalent to the action of 2.8 ms 2 A(8) would result in 10% of the exposed
population developing symptoms of HAVS within 8 years.
l The Control of Vibration at Work Regulations 2005.
http://www.opsi.gov.uk/si/si2005/20051093.htm
These came into force on 6 July 2005 and define exposure limits as 5 ms 2 A(8) and daily
exposure actions value as 2.5 ms 2 A(8). Note that these measurements differ from those set
out in the earlier Standard and Guidance due to the way in which the vibration level is now
measured. As such the levels are not directly comparable.
The employer is required not to expose employees or others who may be affected by his work to
vibration levels above the exposure limit. Where it is not reasonably practicable to eliminate the
risk from exposure to vibration at source and the exposure action limit is likely to be reached or
exceed the employer is required to reduce exposure levels to the lowest level reasonably
practicable.
Liability at Common Law
The employers’ common law duty of care is not an absolute one but rather one of reasonable
care in all the circumstances including any known susceptibility or vulnerability of the employee.
Not every exposure to vibration will suffice potentially to found liability. The exposure will need
to be significant and such as to give rise to a foreseeable risk of injury. Tortious exposure will
almost always be in excess of A8 of 1.0 ms.
An employer will need to show that he has taken reasonable steps to control exposure to
vibration if he is to avoid liability at common law. These include:
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Pre-employment screening for HAVS symptoms;
Providing training and information to employees on the nature of the risk from vibration
and what signs or symptoms they should look out for and report;
Providing routine health surveillance;
Controlling vibration levels by, where possible, engineering out processes which expose the
employee to vibration and where not using tools designed for low vibration and properly
maintaining these;
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