Dutch Arbo (1998)
Employer duties under the Dutch Working Conditions Act (Arbeidsomstandighedenwet, BWBR0010346) and the Working Conditions Decree (Arbobesluit, BWBR0008498) on wetten.nl (https://wetten.overheid.nl/BWBR0010346 and https://wetten.overheid.nl/BWBR0008498). The Working Conditions Regulation (Arboregeling, BWBR0008587, https://wetten.overheid.nl/BWBR0008587) is the detail layer — limits, methods, and forms — cited from a duty when that duty depends on one. It is not a third catalog. Bodies are English paraphrases for this product, not the statute.
Requirement bodies below are plain-language summaries authored by Compliance. For the verbatim text of the standard, reference the publication from your national standards body (NEN, BSI, ANSI, ...).
Organisation (13)
Keep workers safe and healthy in every aspect of the work, and run a policy aimed at the best working conditions the state of knowledge and professional practice will support. Unless it cannot reasonably be required, organise the work so it does not harm safety or health; prevent or limit hazards at the source first; then prefer collective protection over individual protection, and issue suitable personal protective equipment only when individual measures are all that can reasonably be required. Adapt workplaces, methods, equipment, and the content of the work to the workers, and avoid or limit monotonous and pace-driven work, as far as can reasonably be required. Arrange effective first aid, fire-fighting, and evacuation, and keep working links with the external emergency services. In serious and immediate danger, each worker must be able to take the measures their knowledge and means allow, and must not be disadvantaged for doing so (article 29). Within this policy, prevent psychosocial workload and, where prevention is not possible, limit it. Divide powers and responsibilities among the people who work for you according to their competence. Review the policy against experience and change the measures whenever that experience calls for it.
While carrying out the working-conditions policy, record in writing the risks the work poses to workers. The inventory includes the hazards, the measures that limit those risks, and the risks for particular groups of workers; points that apply only to one of those groups stay in this inventory. It also records how workers can reach a prevention officer (article 13), an expert (article 14), or the occupational health service. The plan of action is part of the inventory: which measures will be taken in line with article 3, how they fit together, and by when. Update the inventory when experience, changed methods or conditions, or the state of knowledge and professional practice give reason to. Before a temporary worker starts, give the supplier the description of the hazards, the measures, and the risks at that workplace so the supplier can give it to the worker. Every worker must be able to read the inventory.
Inform workers effectively about the work, its risks, and the measures that prevent or limit those risks, and about how the expert assistance in articles 13, 14, 14a, and 15 is organised. Give instruction that is effective and matched to each person's tasks. Where personal protective equipment is issued, or safeguards are fitted, make sure workers know their purpose, how they work, and how to use them. Supervise the instructions and the correct use of personal protective equipment. Where anyone under 18 works in the undertaking, take account of their limited experience and unfinished physical and mental development.
Report accidents at work that cause death, permanent injury, or a hospital admission to the designated inspector immediately, and report further as soon as possible when asked. Keep a list of those reported accidents and of accidents that lead to more than three working days of absence, with the nature and date of each. Occupational diseases are notified by the person who holds that task under article 14, or by the occupational health service, to the institution the Minister designates. That notification includes at least the non-identifying particulars in Arboregeling art. 1.11 (BWBR0008587): the diagnosis, sex and year of birth, the nature and degree of the occupational exposure, the work at the time the disease arose, the occupation during the exposure, and the employer's economic activity during the exposure, supplied as that institution directs.
Where work done by your workers in the undertaking, or in its immediate surroundings, can endanger the safety or health of other people, take effective measures to prevent that danger.
Consult the works council or the staff representation on the working-conditions policy and how it is carried out, exchange information actively, and let them make proposals. If there is neither, consult the workers concerned. The consultation covers every measure that can materially affect safety and health, and at least the designation of in-house emergency responders (article 15), the risk inventory and evaluation (article 5), how prevention assistance is organised (article 13, paragraphs 1 to 3), the additional expert assistance (article 14), the occupational health service, and effective information about the work and its risks (article 8). Members of the works council or staff representation can speak with the inspector during a visit without others present, and can accompany the inspector unless the inspector objects because it would hinder the inspection. Where there is no council or staff representation, tell the workers concerned of a decision under this Act promptly; it does not take effect for them until you have done so.
Arrange assistance from one or more expert workers in meeting your duties under this Act. If there is a works council or staff representation, they consent to who that prevention officer is and to their position. Where the undertaking cannot organise the assistance inside, use expert workers together with other expert persons, or other expert persons alone if nothing can be organised inside. They need the expertise, experience, equipment, numbers, time, and organisation to assist properly. Let them assist independently, and do not disadvantage a worker for doing the task properly. The assistance covers at least help with carrying out and drawing up the risk inventory and evaluation (article 5), advice to and cooperation with the article 14 experts and with the works council, staff representation, or the workers concerned on measures, and carrying out or helping to carry out those measures. A copy of that advice goes to the employer. The inventory describes the measures needed so this assistance is properly equipped and available. An employer with no more than 25 workers may instead have the employer, if a natural person, or the director, if the employer is a legal person, do these tasks when they are competent enough. Article 15a requires that these people can read the accident reports and the inspector decisions listed there.
In addition to article 13, arrange assistance from one or more certified experts, or a company doctor registered as such, for testing the risk inventory and evaluation (article 5) and advising on it, for advice on support of workers who cannot work because of illness, and for the occupational health examination (article 18), a pre-employment medical where you have one, and other occupational health consultations. Carry the assistance out effectively. Organise the testing inside the undertaking where you can. The experts need the equipment, numbers, time, and organisation to do the work, workers need effective access to the company doctor, and the company doctor can visit every workplace. Agree in writing with those experts how the assistance is carried out, including occupational-disease notification under article 9, paragraph 3, and how the company doctor meets the access, second-opinion, complaint, cooperation, and prevention-advice duties. The test itself follows Arboregeling art. 2.1 (BWBR0008587): whether the inventory is complete, reliable, and current, and advice on the plan of action, including priorities and order. If the assistance is not organised by collective agreement or by a written agreement with the works council or staff representation, article 14a applies: use a certified occupational health service that is part of the organisation where you can, and otherwise another certified service. Testing is not required where workers together work at most 40 hours a week, or where you usually have at most 25 workers and use a non-binding model from a collective agreement or an instrument notified for publication on www.rie.nl (Arboregeling art. 2.1). Article 15a requires that these experts can read the accident reports and the inspector decisions listed there.
Designate one or more workers as in-house emergency responders to help you meet article 3, paragraph 1(e). They give first aid, limit and fight fire, limit the consequences of accidents, and in an emergency alert and evacuate everyone in the undertaking. They need the training, equipment, numbers, and organisation to do that properly. Article 15a requires that they can read the accident reports and the inspector decisions listed there.
Periodically give workers the chance to undergo an occupational health examination aimed at preventing or limiting the health risks of the work. The examination is the task in article 14, paragraph 1(c). Arboregeling art. 2.3 (BWBR0008587) requires the company doctor or the occupational health service to record how the examination is carried out, how often and what it covers, how workers can use it, when a group examination is indicated, and how the resulting data and privacy are handled.
Where workers of more than one employer work in one undertaking, those employers cooperate effectively so that what the Act requires is met. Before work in a category the Decree designates begins, record in writing how they will cooperate, which facilities they will provide, and how those facilities will be supervised. The Decree designates extractive work, meaning surface mining, underground mining, and drilling, in article 2.42, and work where an explosive atmosphere is present or can arise in article 3.5b. Decide this in only if workers of more than one employer share a site.
Psychosocial workload is exposure to factors in the work that cause stress, including aggression or violence, direct or indirect discrimination, bullying, sexual harassment, and work pressure (Arbowet art. 1). Where workers are or can be exposed to it, assess those risks in the inventory and, in the plan of action, set and carry out measures that follow the state of knowledge, so the workload is prevented or, where prevention is not possible, limited. Instruct workers whose work carries a danger of that exposure about the risks and about the measures aimed at preventing or limiting it (article 2.15). The policy duty stays on Arbowet art. 3. Decide this in only if workers are or can be exposed to psychosocial workload.
Take effective measures so that, when a state arises in which there is immediate danger to a worker's safety or health, the worker can quickly reach safety by the shortest route. The number, place, and dimensions of the escape routes and emergency exits depend on the use, the equipment, and the dimensions of the workplaces and on the maximum number of workers and other people who can be there (article 3.6). Keep escape routes and emergency exits free of obstacles. Emergency exits can be opened at all times. Doors of emergency exits and doors on the escape routes open easily from the inside outwards. Sliding doors and revolving doors are not used as emergency exits. Escape routes and emergency exits that are hard to see if the lighting fails have adequate emergency lighting. Mark the escape routes, the doors and gates on them, and the emergency exits with signs that meet chapter 8, division 2 (article 3.7). In addition to Arbowet art. 15, keep enough suitable fire-fighting means on the workplaces, depending on the nature of the work, the dangers, and the maximum number of workers and other people who can be there. Where needed, also keep fire detectors and alarm systems. Non-automatic fire-fighting means are easy to reach and easy to operate, and carry a durable sign, in the right place, that meets chapter 8, division 2 (article 3.8). A workplace where workers are exposed to special dangers if the artificial light fails has adequate emergency lighting. Where emergency lighting is not possible, the workers have individual lighting (article 3.9). Where there is a danger of drowning, prevent that danger as far as possible and keep effective means of rescuing people from the water in a clearly visible place (article 3.10). Article 3.1a disapplies article 3.6, second paragraph, and article 3.7, fifth paragraph, for a workplace in a building under the Besluit bouwwerken leefomgeving.
Workers at particular risk (3)
In addition to article 3, first paragraph, opening words and (c), adapt the layout of the workplace, the work methods, the equipment used, and the content of the work, and adapt the layout of the undertaking, for a worker who cannot do the agreed work because of illness. The article is the adaptation for a worker with a structural functional limitation, and the adaptation is what that worker's taking part in the work, or being in the undertaking for that work, requires. It is how the employer carries out Civil Code article 7:658a and Sickness Benefits Act article 76e. The same applies to an own-risk bearer under the Sickness Benefits Act toward the former worker they must still pay sickness benefit, for that period. Decide this in only if a worker has such a limitation.
A young worker is a worker under 18 (article 1.1). Where young workers do the work, supervise it with enough expertise. How close that supervision is depends on the dangers the inventory shows would arise without it. Where the inventory shows specific dangers, in particular of accidents from little work experience, a weak sense of danger, or unfinished mental or physical development, organise the supervision so those dangers are prevented; if that cannot be done, the young worker must not do that work (article 1.37). Offer the occupational health examination in article 1.38, in addition to Arbowet art. 18, once that inventory shows those specific dangers. The extra inventory points, including the agents, processes, and work in the annex to Directive 94/33/EC, are article 1.36 and stay on the risk inventory under Arbowet art. 5. Young workers must not do the work articles 4.105 and 6.27 prohibit: the hazard classes and category 3 and 4 biological agents named there, work on vats or reservoirs that hold them, diving and other work under overpressure, equipment that can emit harmful electromagnetic fields or artificial optical radiation, a workplace where the daily noise exposure is 85 dB(A) or more or the peak sound pressure is 140 Pa or more, and harmful vibration. Article 1.37, second paragraph, also applies to the work in articles 3.46, 4.106, and 7.39, including a danger of collapse, high-voltage installations, the substances and gases those articles name, driving tractors and coupling equipment, dangerous animals, industrial slaughter, and paced piece-work. This division and the young-worker paragraphs that contain articles 3.46, 4.105, 4.106, 6.27, and 7.39 do not apply to pupils and students in educational institutions (article 1.39). Decide this in only if young workers do the work.
A pregnant worker is a worker who is pregnant and has told the employer; a worker who is breastfeeding is a worker who breastfeeds her child and has told the employer (article 1.1). Organise her work, lay out the workplace, and choose the method and the equipment so the work does not endanger her safety or health and does not rebound on the pregnancy or the breastfeeding, without prejudice to Working Hours Act article 4:5. If that cannot reasonably be done, adjust the work or the working and rest times for a time. If that cannot reasonably be done, give her other work for a time. If that cannot reasonably be done, release her from the work for a time (article 1.42). Within two weeks after she tells the employer, give effective information on the risks during pregnancy and breastfeeding and on the measures taken to prevent them (article 1.42a). The extra inventory points, on the agents, processes, and conditions in Annex I to Directive 92/85/EEC, are article 1.41 and stay on the risk inventory under Arbowet art. 5. Provide a lockable room where she can rest, with a proper bed or couch (article 3.48). She must not do work that can expose her to metallic lead or its compounds, or to a substance that can harm the unborn child or the infant by a genotoxic mechanism and can reach the child through the mother (article 4.108). A pregnant worker must not do work that can expose her to Toxoplasma or rubella virus unless she is immune (article 4.109), must not dive or do other work under overpressure (article 6.29), and must not be exposed to whole-body vibration or shocks above 0.25 m/s2, to an ultrasonic source above 20 kHz at more than 110 dB per third-octave band (article 6.29b), or to an equivalent noise level above 80 dB(A) or peaks above 112 Pa (article 6.29c). Pregnant workers and workers who are breastfeeding must not work in underground mining (article 6.29a). The posture and lifting limits, including 10 kilograms in one lift through the pregnancy and until three months after the birth, are article 5.13a. Decide this in only if a worker is pregnant or breastfeeding.
Hazardous substances (12)
While carrying out the working-conditions policy, take the measures needed to prevent and limit major accidents involving hazardous substances, and to limit the consequences for workers in the undertaking or a part of it. The Minister can designate an individual site where the same duties apply. The decree applies where hazardous substances are present at or above the quantities in Arboregeling bijlage I (BWBR0008587), including a named substance's own threshold and the summation rule, and on nearby workplaces the employer is responsible for (articles 2.2 and 2.3). Mere transport is outside it, apart from the cases article 2.3 keeps in. A Seveso establishment is presumed to meet the parts article 2.4 lists. Write down the aims and principles of the major-accident policy, including a commitment to keep improving control of those risks and to hold a high level of protection (article 2.5). In addition to the inventory in Arbowet art. 5, identify and evaluate the hazards in writing for normal and abnormal operation, write down the scenarios, take and record every measure needed to prevent a major accident and limit its consequences for workers, and be able to show the inspector that those measures are in place. Keep a safety-management system matched to the hazards, the work, and the organisation (article 2.5a). Arboregeling art. 2.0 states what that written policy describes, art. 2.0a the identification procedure, art. 2.0b how scenarios are described, art. 2.0c the elements of the safety-management system, and art. 2.0d the contents of the internal emergency plan. Draw up that plan, consult the workers concerned and the workers of other employers who work on the site under a long-running contract, and test, evaluate, and where needed change it at least every three years (article 2.5b). Update the policy, the system, the extra inventory, the measures, and the plan when a change can materially affect the risk, and review the extra inventory at least every five years (article 2.5c). Use an expert for the tasks in article 2.5d. The employer who runs the site, other employers whose workers work there, and self-employed people working there carry these articles out together (article 2.5e). Where a major accident can affect workers in a neighbouring undertaking, give that undertaking the general information it needs to judge the risk (article 2.5f). Where more than one site covered by these articles shares a business park, exchange the information the policy, the system, and the emergency plan need, and cooperate on informing neighbours and the public (article 2.5g). Notify the inspector as article 2.5h requires, and report a major accident at once with the particulars in article 2.5i, adding anything later investigation changes. Do not operate the undertaking, or the part concerned, when the required measures are missing or clearly inadequate (article 2.5j). Decide this in only if the site can have a major accident with hazardous substances.
This is the major-accident section for hydrocarbon exploration and production, not the extractive duties under article 2.41. Article 2.42i applies it on a workplace in the extractive industry for finding and winning hydrocarbons, on top of divisions 6 and 6a. A major accident is a major accident as Directive 2013/30/EU defines it, and a hazardous substance in this division is a hydrocarbon (article 2.42j). In addition to the policy in article 2.42e, before the work starts write down the general aims and principles for preventing and limiting major accidents and their consequences for the safety and health of the workers, in the safety and health document (article 2.42k). The care system includes that policy and is based on the extra inventory in article 2.42l, and the evidence of the system in article 2.42f covers that addition. In the inventory, identify and evaluate the risks of major accidents, whether or not hazardous substances are involved, by procedures the employer sets, for normal and abnormal operation, including other substances that can add to the risk in a particular situation, and describe the scenarios for possible major accidents, taking external dangers to the installation into account and quantifying, as far as possible, the chance of a major accident and its effect. On that inventory, take every technical and organisational measure needed to keep the installation operating safely in normal operation, temporary interruptions, and maintenance, and when the installation is changed or a new one is built, including the storage places, equipment, and infrastructure tied to the major-accident risk, and every technical and organisational measure that limits the consequences of a major accident as far as possible. Describe those measures in the scenarios, and with the scenarios and that description show that the major-accident risks are adequately controlled (article 2.42l). When a technical or organisational change in the undertaking, or in the working or production methods, can materially affect the major-accident risks, or when a change in the understanding of safety gives reason, reassess and where needed revise the policy and the care system, the inventory and the scenarios, and adapt the measures and the emergency plan in article 3.37za. Repeat that inventory at least every five years (article 2.42m). In addition to Arbowet art. 14, have the expert who tests the inventory, or the occupational health service, assist with recording the policy, drawing up the care system, making and testing the extra inventory, describing the scenarios and the measures, drawing up and testing the emergency plan, and making the changes, including advice on carrying those tasks out (article 2.42n). Where a major accident can affect the safety of workers in a neighbouring undertaking, give that undertaking, without being asked, the general information it needs to judge that risk (article 2.42o). Do not bring the undertaking into operation, or keep it in operation, and do not carry out the change, until the obligations in articles 2.42k, 2.42l, 2.42m, and 3.37za are met (article 2.42p). Article 3.37z applies chapter 3, division 3d, together with divisions 3 and 3C. In addition to the emergency plan in article 3.37v, that plan also covers emergencies from major accidents under this division, based on the inventory and the measures, and that addition is tested, evaluated, and where needed changed at least every five years (article 3.37za). Arboregeling art. 3.15 (BWBR0008587) applies the drilling rules of paragraph 3.2 of that regulation as well. Art. 3.16 requires the addition to the care system to contain at least the information in Annex I, point 9, and Annex IV, point 1, of Directive 2013/30/EU. Art. 3.17 requires the safety and health document, on the addition to the policy, to contain at least Annex I, point 8, and Annex IV, point 1. Arts 3.18 and 3.19 require that document, on the addition to the inventory, to contain Annex I, point 2, except point 15, for a production installation, and Annex I, point 3, except point 15, for a non-production installation, for the mining works in art. 3.6, first paragraph, parts a and b, and parts c and d respectively. Art. 3.20 requires the addition to the emergency plan to contain at least Annex I, point 10, and in points 2 and 9 of that annex an external emergency plan means the North Sea incident-response plan under article 23 of the Wet bestrijding maritieme ongevallen, the crisis plan under article 16 of the Wet veiligheidsregio's, or the disaster-response plan under article 17 of that Act. Decide this in only if the work is hydrocarbon exploration or production.
An explosive atmosphere is a mixture of air and flammable substances in the form of gases, vapours, mists, or dust, under atmospheric conditions, in which combustion after ignition spreads to the entire unburned mixture (article 3.1). This paragraph does not apply to areas used directly for and during medical treatment of patients, to the use of gas appliances under the Warenwetbesluit gastoestellen 2018, to the manufacture, processing, use, storage, and transport of explosives or chemically unstable substances, to surface mining, underground mining, and winning minerals by drilling, or to means of transport by land, water, or air, except vehicles intended for use in places where an explosive atmosphere can occur (article 3.5a). Work on a workplace where an explosive atmosphere is present or can arise is a category for the written cooperation record under Arbowet art. 19, already named there. In addition, the employer responsible for that workplace coordinates every safety and health measure (article 3.5b). Before the work starts, and at every important change, extension, or rebuilding of the workplace, the work equipment, or the work process, assess as a whole the dangers of explosive atmospheres and the special risks that can follow, within the inventory under Arbowet art. 5, and record that assessment in an explosion-safety document. Take into account the likelihood that an explosive atmosphere will occur and how long it will last, the likelihood that ignition sources, including electrostatic discharges, are present, become active, and actually ignite, the installations, substances, processes, and their possible interactions, and the scale of the expected consequences, and also rooms that are or can be connected by openings to rooms where an explosive atmosphere can occur. The document states at least the identification and assessment of the explosion risks; how the workplaces and the work equipment, including the alarm installations, are designed, used or operated, and maintained with the required attention to safety; which areas are zoned; how the measures in articles 3.5d, 3.5e, and 3.5f are carried out; and, where several employers have work done, how Arbowet art. 19, second paragraph, is met and the aim, the measures, and the manner of the coordination (article 3.5c). Take effective measures to prevent an explosive atmosphere arising on the workplace. Where the nature of the work makes that impossible, first prevent ignition, including electrostatic discharges from workers or from the workplace as a charge carrier or a charge producer, and then limit the harmful effects of an explosion. Also limit the possibility that an explosion spreads. Where workers or other people can be endangered, lay the workplace out so work can be done safely and supervise the work, including with suitable technical means, in proportion to the dangers the assessment shows. Zone the areas where an explosive atmosphere can occur as Annex I to Directive 1999/92/EC, and mark the zones with warning signs that meet chapter 8, division 2 (article 3.5d). In those zones, and for installations in areas without explosion danger that are required for, or contribute to, the explosion-safe use of installations in places where there is explosion danger: remove and render harmless escaping gases, vapours, mists, or combustible dust that can cause an explosion danger; where the atmosphere contains several kinds of flammable or combustible gases, vapours, mists, or dusts, base the measures on the greatest risk the assessment shows; take installations, apparatus, protective systems, and installation material into use only when the document, on the basis of the assessment, shows that using them brings no explosion danger, and likewise work equipment and its connections that are not apparatus or protective systems under the Warenwetbesluit explosieveilig materieel 2016 where including them can cause an ignition danger. Where the document sets no further requirements, use category 1 equipment in zone 0 or 20, category 1 or 2 equipment in zone 1 or 21, and category 1, 2, or 3 equipment in zone 2 or 22, as that decree defines the categories. Prevent installation material being swapped. Provide workers, in areas where an explosive atmosphere can arise, with work clothing that meets chapter 8, division 1, and that they wear during the work. Where a state arises in which an explosion may be about to occur, warn the workers optically or acoustically where needed and withdraw them. Before a workplace is commissioned for the first time, and at every important change, extension, or rebuilding of the workplace, the work equipment, or the work process where an explosive atmosphere can occur, a person competent in the matter checks the explosion safety of the whole installation (article 3.5e). Where the assessment shows the need, also give written instructions for the work; have an authorised person permit dangerous work before it starts; keep apparatus and protective systems that would cause extra danger on power loss in a safe state, independent of the rest of the installation, when power is lost; have authorised workers manually switch off automatic apparatus and protective systems that depart from the intended operating conditions, without danger; when the emergency stops operate, release or isolate stored energy as quickly and safely as possible so it is no longer a source of danger; and keep means of escape available and ready so workers can leave the dangerous areas quickly and safely (article 3.5f). Decide this in only if the workplace can have an explosive atmosphere.
Where workers are or can be exposed to hazardous substances, protect their health and safety effectively (article 4.1b). That protection is in place when the nature, degree, and duration of the exposure have been assessed in the inventory under Arbowet art. 5, in line with article 4.2; effective measures prevent or limit the exposure in line with articles 4.1c and 4.4, or, where the substance is carcinogenic, mutagenic, or reprotoxic, in line with articles 4.17, 4.18, and 4.19, which stay on the CMR requirement; and preventive measures against an unwanted event follow article 4.6. Article 4.1 defines a limit value, a biological limit value, and an unwanted event, and does not state the duty. Article 4.1a only limits applicability: article 4.1c, first paragraph, part j, article 4.3, article 4.4, and article 4.10a, fifth paragraph, do not apply to asbestos, and article 4.4 does not apply to white lead under article 4.61b. Prevent or minimise exposure by the design and organisation of the work systems, adequate work equipment, adequate facilities for repair and maintenance, minimising the number of workers exposed and the degree and duration of exposure, preventing or minimising skin contact with suitable personal protective equipment for a substance with hazard statement H310, H311, H312, H314, H315, or H317, a substance under article 4.3 or article 4.16 that can be absorbed through the skin, or where the inventory requires it, and eye contact for H314, H318, H319, or EUH070, or where the inventory requires it, care, order, and cleanliness, limiting the quantity on the workplace, suitable methods for safe handling, storage, and transport of the substances and of waste that contains them, letting only people who are physically and mentally able to recognise and prevent the danger, and who have that basic knowledge, do the work, and not smoking, eating, drinking, sleeping, or storing food where the substances are present. Those measures follow the state of knowledge and technique (article 4.1c). Label the packaging conspicuously and legibly with the official name and the relevant hazardous constituents, and with the hazard pictograms, signal words, and hazard statements of the CLP regulation. Laboratory aids used for short operations or for constantly changing chemicals need not carry every marking where information or training gives the same protection. Pack and close the substance so the contents are not lost, the material is not attacked by the contents, and a reusable closure can be closed again without loss. Packaging that meets the dangerous-goods rules under the Wet vervoer gevaarlijke stoffen or the Wet luchtvaart is presumed to meet that packing rule. In a special store of identical packages, one label can cover them, and during transport the people who carry or load and unload have the label data with them. The labelling paragraphs do not apply where those transport Acts apply (article 4.1d). Arboregeling art. 4.15 (BWBR0008587) is that label: in Dutch, durable, readable, and sized as Annex I, part 1.2.1, of the CLP regulation. Assess which substances, their hazards, the situations, and the way exposure can occur, and the exposure level, using suitable standardised measurement methods or other suitable measurement or quantitative evaluation methods. Take into account the supplier's safety and health information, including the safety data sheet under article 31 of Regulation (EC) No 1907/2006 (REACH), the circumstances and the quantity, foreseeable events that can raise exposure sharply even with preventive measures in place, the effectiveness of those measures, and the results of the examinations in articles 4.10a and 4.10b. Where several substances are present, base the assessment on the risk they pose together. Test the exposure level against the limit value. Review the assessment regularly, and whenever new work with hazardous substances starts or changed circumstances or examination results give reason. Attach to the inventory a list of the substances, each with a reference to its safety data sheet (article 4.2). Where substances that have the same health effect on the same organ system are present together, Arboregeling art. 4.18 applies bijlage XIIc. Where substances with hazard statement H361, H361f, H361d, H361fd, or H362 customarily occur because of the work, also record the quantity usually manufactured, used, or stored in a year, the number of workers, and the form of the work (article 4.2a). The statutory limit values under article 4.3 are Arboregeling art. 4.19 and bijlage XIII. Where no statutory limit value is set, set one at a level that cannot harm health. On an exceedance, bring the concentration back below that value at once, following article 4.4. Until those measures are fully in place, or do not yet protect effectively, and further measures cannot reasonably be required, continue the work only with effective measures against harm, and the plan of action states how the exceedance will be undone as soon as possible. Arboregeling art. 4.19b states what that plan contains for each step of the reduction. Article 4.3 is the limit already named on the dangerous-atmospheres duty and is not its own requirement. Where the assessment shows a danger, prevent exposure that can endanger safety or harm health. Where reasonably possible, replace the substance with one that exposes workers less or not at all. Where replacement is not reasonably possible, or a danger remains, apply technical measures, processes, equipment, and materials that prevent or limit release. Where that is not reasonably possible, or does not remove the danger, take collective protection at the source or organisational measures. Where that still does not remove the danger, issue suitable personal protective equipment and limit how long each worker wears it to what is strictly necessary (article 4.4). Where contaminated air is removed, supply enough uncontaminated air at the same time. Do not recirculate air that contains a hazardous substance into a workplace where that substance is not present. Do not recirculate, into the same workplace, air that contains a carcinogenic, mutagenic, or reprotoxic substance as article 4.11 defines those substances, a substance released by a carcinogenic or mutagenic process, or a substance with hazard statement H334, unless it is shown that the concentration supplied is at most one tenth of the limit value (article 4.5). Avoid, as far as possible, an unwanted event with the substances or with the work, in particular dangerous concentrations of flammable substances or dangerous quantities of chemically unstable substances, ignition sources and conditions that can make unstable substances cause an accident with serious physical consequences, and limit those consequences. Match the measures to the work, including storage, handling, and separation of incompatible substances, and, where it applies, to the Warenwetbesluit explosieveilig materieel 2016 (article 4.6). Where the assessment shows a danger, have effective procedures, in addition to Arbowet art. 15, for when an unwanted event occurs, and technical or organisational measures that limit the consequences: act at once and restore the safe state as soon as possible, tell the workers and have them leave the zone, let only the people who do the necessary restoration enter, with effective means and personal protective equipment and only for as long as that restoration strictly needs, keep warning and other communication systems that meet chapter 8, division 2, and keep everyone else out. The in-house emergency responders and the external emergency services can read those measures, including the hazards from the assessment, the measures under article 4.6, and the procedures (article 4.7). Work with unstable explosives, explosives of subclass 1.1, 1.2, 1.3, 1.4, 1.5, or 1.6, or self-reactive substances and mixtures of type A or B, as the CLP regulation defines them, only under a plan made beforehand that properly describes the work, the risks and dangers, and how they are prevented or limited as far as possible, and only by a qualified person registered in the Register veilig werken met explosieve stoffen or registered by the Minister of Defence under article 1.30, third paragraph. The proof of registration, or a copy, and the plan are at the workplace. The Dutch-language requirement for a regulated profession in article 1.5ha applies in the same way. Arboregeling art. 4.16a disapplies that registration for work with category II or III ammunition under the Wet wapens en munitie by people other than defence personnel, and for the police and Netherlands Forensic Institute work that article names, where those people have the knowledge, experience, and skill to do it safely (article 4.8). Before the first time a worker can be exposed, offer an occupational health examination in addition to Arbowet art. 18, offer it again to workers exposed in a similar way when a harmful effect or a demonstrable disease may be the result of exposure, repeat it on request, and tell the worker how an examination remains available after the exposure ends. The expert or the occupational health service can see the data needed to judge the exposure and to advise on the examination and the preventive measures (article 4.10a). Where a biological limit value is set, offer that examination before the exposure, when the value is exceeded, and in the cases the regulation sets, including a measurement of the substance in the biological medium the value names. For lead, Arboregeling art. 4.20a1 sets that biological limit at 30 µg Pb/100 ml blood, under article 4.16. Art. 4.20a2 measures lead in air every three months, or once a year on the conditions it states, by atomic absorption spectrometry or an equivalent method. Art. 4.20b offers a blood-lead measurement at least twice a year, tested against that limit. Art. 4.20b1 offers the examination at least once a year, and when the lead in air is higher than 0.015 mg/m3, when blood lead is higher than 9 µg Pb/100 ml, or, for a woman of childbearing age, higher than 4.5 µg Pb/100 ml (article 4.10b). The expert or the occupational health service keeps a personal medical file, the worker can see it, and the works council, the staff representation, or the workers concerned can see the results in a form that does not identify anyone. Keep the results, the list in article 4.15, and the register in article 4.53 for at least 40 years after the exposure ends, and hand them to the inspector if the undertaking stops within that period (article 4.10c). In addition to Arbowet art. 8, instruct on the hazards the assessment shows, the nature of the exposure, the limit values, the precautions that prevent or limit exposure, the precautions against an unwanted event, the hygiene measures, the personal protective equipment and clothing, and what to do in an unwanted event, pass on the supplier's safety and health information, match the instruction to the assessment, and update it when circumstances change (article 4.10d). The young-worker prohibitions and the supervision in articles 4.105 and 4.106 stay on Arbobesluit art. 1.37. The prohibitions in articles 4.108 and 4.109 stay on Arbobesluit art. 1.42. Articles 4.110 to 4.116 are repealed. Professional fireworks (article 4.9), explosive remnants of war (article 4.10), CMR substances (article 4.13), asbestos (article 4.45), banned substances (article 4.58), designated volatile organic substances (article 4.62b), biological agents (article 4.85), and legionella (article 4.87b) are not this requirement. Decide this in only if workers are or can be exposed to hazardous substances.
Work in which consumer fireworks, professional fireworks, or theatrical pyrotechnic articles, as article 1.1.1, first paragraph, of the Vuurwerkbesluit defines them, are fired, or are built up, installed, mounted, or assembled on the spot for firing, or are removed after firing, is done under an addition to the risk inventory and evaluation that properly describes the work, the dangers, and how those dangers will be prevented or limited as far as possible. The same supervision applies to processing those articles in an establishment under article 3.2.1 or 3A.2.1 of the Vuurwerkbesluit. The work is done by, or under the continuous supervision of, a person who holds a certificate of professional competence for consumer fireworks, professional fireworks, or theatrical pyrotechnic articles, issued by the Minister or a certifying body. The addition and the certificate, or a copy, are at the workplace and are shown to the inspector on request (article 4.9). Arboregeling art. 4.17a (BWBR0008587) defines large fireworks and pyrotechnic special effects, and treats consumer fireworks destined for an event or performance, or processed for one, as large fireworks. Art. 4.17b is the issue of the professional-fireworks certificate against the schemas in bijlage XIIa and bijlage XIIb. Arts 4.17c and 4.17d are repealed. Explosives other than this fireworks work stay on article 4.8, which is not this requirement. Decide this in only if the work involves professional fireworks.
Explosive remnants of war are abandoned explosive munitions and unexploded munitions, including mines, booby traps, and other mechanisms (article 4.10, first paragraph). Where those remnants may endanger the safety or health of workers, carry out an orienting investigation before the work starts. If that investigation does not rule out remnants that can endanger workers, carry out a further investigation. If the further investigation shows that danger, locate the remnants or take other suitable measures to prevent it. Detection is done only by a company that holds a certificate for detecting explosive remnants of war, issued by the Minister or a certifying body the Minister has designated, or by the Explosieven Opruimingsdienst Defensie on request of the Rijksvastgoedbedrijf, on central-government land, and only as far as needed to keep the qualifications. The detection work is done only by a qualified person registered in the Register veilig werken met explosieve stoffen or registered by the Minister of Defence under article 1.30, third paragraph. Clearance is done only by explosive-ordnance units of the Ministry of Defence. The proof of registration, or a copy, is at the workplace. The Dutch-language requirement for a regulated profession in article 1.5ha applies in the same way. Arboregeling art. 4.17e (BWBR0008587) is the designation of the certifying body, and art. 4.17f the issue of the detection certificate, both against the Certificatieschema voor het Opsporen van ontplofbare oorlogsresten published in Stcrt. 2020, 58198. Decide this in only if the work can disturb explosive remnants.
Article 4.11 defines a carcinogenic substance and process, a mutagenic substance and process, a reprotoxic substance, a reprotoxic substance with a threshold, and a danger zone, by Directive 2004/37/EC and the CLP regulation, and does not state the duty. Article 4.12 only applies this division, together with division 1 and subject to article 4.1a, first paragraph, where workers are or can be exposed to those substances or to substances released by those processes. In the inventory under Arbowet art. 5, in addition to article 4.2, record why the use or the process is strictly necessary and substitution is not technically feasible, the yearly quantity or the yearly frequency of the process, the kind of work, the number of workers who are or can be exposed, the preventive measures, the personal protective equipment, and the cases in which the substance or process is replaced by one that exposes workers less or not at all (article 4.13). Article 4.14 is repealed. Keep a list of the workers who are or can be exposed, stating the exposure they have undergone, and each worker can see their own entry (article 4.15). The statutory limit values under article 4.16 are Arboregeling art. 4.20 (BWBR0008587) and bijlage XIII. Where no statutory limit value is set, set the lowest possible value. On an exceedance, bring the concentration back below that value at once, following articles 4.17 and 4.18. Until those measures are fully in place, or do not yet protect effectively, and the measures are not technically feasible, continue the work only with effective measures against harm, or bring the exposure as low as possible under the value. For a threshold reprotoxic substance, read that as limiting the health risk of exposure to a minimum. The plan of action states how the exceedance will be undone as soon as possible, and Arboregeling art. 4.19b states what that plan contains. Take technical and organisational measures that prevent the chance of exposure at the source as far as possible, in particular by replacing the substance or process, as far as technically feasible, with one that exposes workers less or not at all (article 4.17). Where the assessment in article 4.2 shows a danger to health and that substitution is not technically feasible, prevent the exposure at the source or bring it as low as possible under the limit value, in particular by production and use in a closed system. Where that is not technically feasible, remove the substances at the source by collective measures, including local exhaust, with enough uncontaminated air under article 4.5 and without danger to public health or the environment. Where that is not technically feasible, issue personal protective equipment and limit how long each worker wears it to what is strictly necessary. For a threshold reprotoxic substance, limit the health risk of exposure to a minimum (article 4.18). In addition to articles 4.1c, 4.1d, and 4.18, workers are sufficiently familiar with the work and the dangers, with instruction at least once a year; people other than the workers who must enter do not enter danger zones; the zones are marked with warning and safety signs that meet chapter 8, division 2; storage, handling, and transport use effective means, as far as possible hermetically closed and clearly marked containers; and waste is collected, stored, and removed in the same way (article 4.19). Provide zones where workers can eat and drink without danger of exposure. Issue work clothing that meets chapter 8, division 1, and that is worn during the work, store it apart from other clothing in addition to article 3.22, provide suitable washing facilities and showers in addition to article 3.23, and keep personal protective equipment in the designated place, cleaned after every use and checked before every use (article 4.20). Tell the works council, the staff representation, or the workers concerned at once of an abnormal rise in the exposure level, its causes, and the measures taken or to be taken (article 4.21). The occupational health examination in articles 4.10a and 4.10b follows Annex II to the directive. The expert or the occupational health service can see the list and the data needed to judge the exposure and to advise on the examination, the preventive measures, and the personal protective equipment, can require an examination of workers exposed in the same way, and can state that medical surveillance must continue after the exposure ends for as long as the person's health needs (article 4.23). Articles 4.22 and 4.24 are repealed. Arboregeling art. 4.20c designates the further carcinogenic processes: diesel-engine emissions, the acrylamide mixture that article names, and C.I. Basic Violet 3 with 0.1 percent or more of Michler's ketone. The biological limit value for lead under article 4.16, and the lead measurements, are Arboregeling arts 4.20a1, 4.20a2, 4.20b, and 4.20b1 and are named on the hazardous-substances requirement. Decide this in only if workers are or can be exposed to carcinogenic, mutagenic, or reprotoxic substances.
Asbestos is a substance that contains actinolite, amosite, anthophyllite, chrysotile, tremolite, or crocidolite, and an asbestos-containing product contains one of those fibrous silicates. An asbestos fibre is longer than 5 micrometres, narrower than 3 micrometres, and longer than three times its width (article 4.37). That article is the definition and does not state the duty. Article 4.37a only applies this division, together with divisions 1 and 2 and subject to articles 4.37b and 4.37c. Article 4.37c applies the division only where the asbestos concentration is higher than 100 milligrams per kilogram of dry matter, as the Productenbesluit asbest defines it. Article 4.37b applies article 4.53 instead of the list in article 4.15, articles 4.46 and 4.47a instead of article 4.16, article 4.45 for the closed containers, and article 4.51 for the storage of protective equipment. The bans in articles 4.38 to 4.42, and the assessment article 4.43, are repealed. Keep the concentration of asbestos fibres in the air as low as possible under the limit values. Arrange the work methods so they produce no asbestos dust or, where that is not technically possible, so no asbestos dust is released into the air. Clean and maintain buildings, installations, and equipment used to apply or process asbestos effectively and regularly. Store and transport asbestos, an asbestos-containing product, and a product that releases asbestos dust in suitable closed packaging. Collect and remove the waste as soon as possible in suitable closed packaging labelled, clearly and legibly, that the contents contain asbestos. Showers under article 4.20, fourth paragraph, are not required in risk class 1 (article 4.45). The concentration of chrysotile does not exceed 2000 fibres per cubic metre, and the amphibole fibres actinolite, amosite, anthophyllite, tremolite, and crocidolite together do not exceed 2000 fibres per cubic metre, each over a reference period of eight hours a day (article 4.46). Risk class 1, where paragraph 3 applies, is where the sum of the chrysotile concentration as a fraction of the first limit and the amphibole concentration as a fraction of the second limit is less than 1 (article 4.44). Risk class 2, where paragraph 4 applies as well, is where that sum is 1 or more (article 4.48). Risk class 2A, where paragraph 5 applies as well, is where the amphibole concentration is higher than the amphibole limit (article 4.53a). Article 4.53b is not in force. Give workers who do work with a danger of exposure to asbestos dust effective information on the health dangers and on the need to monitor the asbestos content of the air and the limit values (article 4.45a). Give every worker who is or can be exposed suitable training at regular intervals, matched to their knowledge and experience, on the properties of asbestos and its effect on health, including the combined effect of smoking, products and materials that can contain asbestos, actions that can cause exposure and the importance of preventive checks, safe methods, controls, and protective equipment, the choice, limits, and correct use of breathing apparatus, emergency procedures, decontamination, safe removal of waste, and medical surveillance (article 4.45b). Measure the concentrations in the air the workers breathe, at intervals that depend on the first assessment, by a suitable standardised method or another method that gives equivalent results, so the result represents personal exposure over eight hours. Sampling is done by a person with the required expertise, and the analysis in a laboratory equipped for the identification techniques and experienced in them. The works council, the staff representation, or the workers concerned can give a view on the sampling and can see the results and have them explained (article 4.47). The measurement methods that were Arboregeling articles 4.21 to 4.26 are repealed. On an exceedance, find the causes and bring the concentration back below the value as soon as possible. Tell the works council, the staff representation, or the workers concerned of the exceedance, the cause, and the measures, and let them give a view unless the measures cannot wait, in which case tell them what was done. Until the concentration is brought back, continue the work only where the workers are effectively protected. Where breathing apparatus is required, limit how long each worker wears it to what is strictly necessary and provide rest breaks, their number and length set by the physical and climatic load, and with the workers concerned where there is no council. After the measures, measure again under article 4.47 and determine the risk class again. If the concentration then falls in a higher class, paragraph 4 or 5 also applies (article 4.47a). After the work, clean the workplace and the work equipment that is or was there effectively. Before the danger zone in article 4.11 is lifted, a visual inspection establishes that the asbestos to be removed is no longer visible (article 4.47b). For the work in paragraph 4, the indoor final assessment is that visual inspection followed by a final measurement showing fewer than 10000 fibres per cubic metre over a reference period of at least two hours, with sampling and analysis as in article 4.47. Outdoors, and for asbestos-containing soil, a company equipped for it does the visual inspection (article 4.51a). For risk class 2A the final measurement shows fewer than 2000 fibres per cubic metre together, except where only small loose surfaces of undamaged product are removed and no processing is needed, or where the amphibole concentration is limited (article 4.53c). Arboregeling art. 4.30 (BWBR0008587) sets that small surface at a maximum of 2.5 square metres and states when the amphibole concentration is limited. Article 4.54 is repealed. Notify a designated inspector at least two days before the work starts, with the place, the types and quantities, the work, the methods, and the risk class, the number of workers, the date, time, and duration, and the measures that will limit exposure. Notify again when a change can considerably increase exposure. The works council, the staff representation, or the workers concerned can see the notification. The exceptions in article 4.54b apply, except part a (article 4.47c). Where, despite preventive technical measures, the sum of the fractions can be expected to be 1 or more, take effective measures to protect the workers, including demonstrably suitable breathing apparatus and other personal protective equipment that is worn correctly, warning signs that meet chapter 8, division 2, where an exceedance of a limit value can be expected, and preventing dust from asbestos or asbestos-containing materials spreading outside the rooms. Let the works council, the staff representation, or the workers concerned give a view. Remove the asbestos or the asbestos-containing products before other work starts, unless removal would put the workers in greater danger (article 4.48a). Article 4.49 is repealed. Before the certified removal company starts, draw up a written work plan of effective measures fitted to that workplace, include the inventory report where article 4.54a requires one, state that the final assessment in article 4.51a will show no remaining risk of exposure, describe the measures, the nature, duration, place, and method of the work, the tools, and the names of the people in article 4.54d, carry the work out to the plan, and keep the plan at the workplace (article 4.50). Work clothing leaves the undertaking only to be cleaned in a laundry equipped for it, in suitable closed packaging. Keep protective equipment in the designated place, check and clean it after every use, and do not use defective equipment (article 4.51). While exposure to asbestos dust continues, offer the examination in article 4.10a again at least once every three years, including a specific examination of the chest, and take effective measures when the result gives reason (article 4.52). Keep a register of every worker exposed to asbestos dust because of the work, with the nature and duration of the work and the degree of exposure. The expert or the occupational health service, the worker for their own entry, and the works council, the staff representation, or the workers concerned in a form that does not identify anyone, can see it (article 4.53). Before wholly or partly demolishing or dismantling structures, other than earthworks, or objects in which asbestos can reasonably be expected, before removing that asbestos, or before cleaning up asbestos released by an incident, have the asbestos fully inventoried and the risk class in articles 4.44, 4.48, or 4.53a determined, and record both in an inventory report, by a company that holds an asbestos-inventory certificate issued by the Minister or a certifying body. Give a copy to the removal company. The certificate is at the workplace. The inventory is done by, or under the supervision of, a person with the specific expertise (article 4.54a). That inventory is not required for the work article 4.54b lists, including structures or objects built or made on or after 1 January 1994, the underground public pipes it names, brake and friction materials, clamped floor plates under heating appliances, heating appliances removed as a whole, glazing sealant in greenhouses, the gaskets it names, roads under the Besluit asbestwegen milieubeheer, and gas and electrical components in a distribution system removed by or for the system operator. Article 4.54b, opening words and part a, does not apply to sea ships (article 4.103). Removal, and the cleaning afterwards, in risk class 2 or 2A, is done by a company that holds an asbestos-removal certificate, by or under the continuous supervision of a person who holds the certificate for supervising work with asbestos, and any other person who does the work holds the certificate for removing asbestos. At least one holder of the supervision certificate works for that company under a contract of employment. The risk class in the inventory report is the lower bound. Where the work is asbestos-containing soil under the Productenbesluit asbest, a person who holds the occupational-hygiene or safety-science certificate in article 2.7, second paragraph, accompanies it. The certificates and a copy of the inventory report are at the workplace. A machine operator may do that removal without the removal certificate under the continuous supervision of a holder of the supervision certificate and under the further rules in Arboregeling art. 4.29a (article 4.54d). Arboregeling art. 4.26 names the personal and process certification schemas, and art. 4.27 states when a certificate is issued against them. Articles 4.54c, 4.55, 4.55a, 4.56, and 4.57 are repealed. Decide this in only if the work involves asbestos.
Do not manufacture or use propanesultone, and do not keep it in stock other than for transit (article 4.58). Do not manufacture or use 2-naphthylamine or its salts, 4-aminodiphenyl or its salts, benzidine or its salts, or 4-nitrodiphenyl, and do not keep them in stock other than for transit. Those bans do not apply where the substance is present in a mixture or solution at less than 0.1 percent by weight (article 4.59). Do not work or process sandstone, and do not keep it in stock. That does not cover work or processing necessary to preserve a monument or an archaeological monument under the Erfgoedwet, dismantling sandstone from buildings, structures, or installations, scientific research, stock held for that monument work, transit, or finished objects that contain sandstone and are complete for their purpose (article 4.60). Do not blast with a substance that contains more than 1 percent quartz or another form of free crystalline silicon dioxide. Desanding a casting, which is blasting to remove moulding sand and is not applying a layer, may be done only in closed appliances or rooms intended for it. Extract the dust, separate it from the air stream, and collect it, and do not discharge that air into a room where people must be (article 4.61). Do not use benzene, or a product that contains more than 1 percent benzene by volume, as a solvent, cleaner, or thinner, unless that is in a closed system or in another way that protects against exposure at least as well. Other use of benzene or of such a product is in a closed system as far as possible. The same applies to carbon tetrachloride, pentachloroethane, and 1,1,2,2-tetrachloroethane, and to a product that contains more than 1 percent of one of them by volume (article 4.61a). Do not use white lead, lead sulphate, or a product that contains one of them, to paint the interior of buildings or vessels. Lead sulphate co-precipitated in the preparation of chrome yellow is not that substance, and the ban does not apply to paint whose pigment contains at most 2 percent lead by weight in the dry matter (article 4.61b). Where the uses in articles 4.59 and 4.60 and the use of benzene in article 4.61a are allowed, division 2 applies, subject to article 4.12 (article 4.62). Article 4.36 and division 4, and the phosphorus-match ban in articles 4.82 and 4.83, are repealed. The sandstone-company certificate that was Arboregeling arts 4.31 and 4.32 is repealed. Decide this in only if the work would involve a substance or process that section bans.
A volatile organic substance, for this division, is an organic compound or a mixture of them with a vapour pressure of at least 0.01 kPa at 293.15 K, or a corresponding volatility in the conditions of use (article 4.62a). That article is the definition and does not state the duty. For the work a ministerial regulation designates, prevent the danger of exposure to volatile organic substances as far as possible by replacing them with harmless or less harmful substances, or by replacing products that contain them with the products that regulation designates for that work (article 4.62b). Arboregeling art. 4.32a (BWBR0008587) designates indoor gluing of coverings on floors, stairs, walls, or ceilings, and applying adhesives, paints, lacquers, stains, varnishes, fillers, oil or wax products, impregnating agents, and floor coatings, in homes and other buildings, including the preparation. The products used for that gluing contain at most 5 grams of volatile organic substances per kilogram of ready-to-use product, wall paint at most 60 grams per litre, and the other designated application at most 100 grams per litre, with the exceptions that article and bijlage XIV state, including metal parts of buildings. Art. 4.32b designates offset printing and the daily and other cleaning of that equipment, including at most 8 percent by volume of isopropyl alcohol or other mono-alcohols in the fountain solution with automatic dosing and at most 10 percent with manual dosing or on a rotary offset press first taken into use before 1 January 1985, and the cleaner limits it states. Art. 4.32c designates cleaning screen-printing equipment and screen printing of paper and board for indoor use heavier than 135 grams per square metre, the latter at most 150 grams of volatile organic substances per kilogram. Art. 4.32d designates cleaning floors in illustration-gravure printing works. Art. 4.32e designates packaging gravure and flexographic printing, varnishing, laminating, and the related cleaning, where the machine is not connected to extraction or to recovery or destruction of the substances, at most 50 grams per kilogram, with the yearly exception it states where the product must meet special quality or durability demands. Art. 4.32f designates vehicle refinishing with primer, surfacer, sealer, one-coat and two-coat systems, and the special and other products in bijlage XV, and cleaning the tools and surfaces, against the contents that annex sets, and not for a vehicle built before 1970. Art. 4.32g designates, as part of production indoors, coating new wooden exterior doors, frames, windows, and other facade joinery, and new indoor stairs, at most 150 grams per litre of ready-to-use product. Art. 4.32h equates a product lawfully made or placed on the market in another state of the European Union or the European Economic Area that protects at least as well. Arts 4.32aa and 4.32ab are repealed. The former lead articles 4.63 to 4.81 are repealed. Decide this in only if the work uses a designated volatile organic substance.
Divisions 1 to 8 of this chapter do not apply to biological agents. A biological agent is a micro-organism, a cell culture, or a human endoparasite, whether or not genetically modified, that can cause an infection, an allergy, or toxicity. Category 1 is unlikely to cause disease in humans. Category 2 can cause disease and can endanger workers but is unlikely to spread in the population, and effective prophylaxis or treatment usually exists. Category 3 can cause serious disease and a serious danger, may spread in the population, and effective prophylaxis or treatment usually exists. Category 4 causes serious disease and a serious danger, is very likely to spread, and effective prophylaxis or treatment usually does not exist. The classification is Annex III to Directive 2000/54/EC (article 4.84). That article does not state the measures. Where a worker is or can be exposed to one or more biological agents that occur or are expected in that work, assess the nature, degree, and duration in the inventory under Arbowet art. 5, including the category, diseases workers can contract or have contracted, allergic or toxic effects, the results of the examinations in article 4.91 and known diseases and medicines in a form that does not identify anyone, and the recommendations of a competent authority for keeping the agent under control. Where several agents are present, base the assessment on the risk they pose together. Review it whenever circumstances that can affect exposure change (article 4.85). Where the work is aimed at agents in category 2, 3, or 4, articles 4.87 to 4.102 apply. Where other work, including the work in Annex I to the directive, gives a real chance of exposure to category 2, 3, or 4, the articles article 4.86, second paragraph, lists apply. In every other case, work with the greatest care, order, and cleanliness and provide the necessary hygiene (article 4.86). Where the nature of the work allows, replace a harmful agent with one that, given the state of knowledge and technique and the working conditions, is not or is less dangerous (article 4.87). Where the assessment shows a risk and replacement by an agent that is not dangerous is not feasible, take other measures that prevent exposure and limit the risks, as far as technically feasible. Where that is not technically feasible, reduce exposure to the level an adequate protection of safety and health needs. At least limit the chance of exposure, keep the number of workers who are in danger to what the work strictly needs, take collective protection and issue personal protective equipment where collective protection is not enough, keep order and cleanliness so agents do not leave the workplace, store, transport, and dispose of agents and waste, treated and labelled where needed, so unauthorised people cannot reach them, investigate the presence of agents outside the first physical containment where that is necessary and technically possible, and keep an effective written work instruction, including safe handling and transport inside the undertaking and an effective emergency plan (article 4.87a). Legionella in a humidification installation or a water installation is article 4.87b and is not this requirement. Clearly bound and mark places where work with biological agents is done, with signs that meet chapter 8, division 2 (article 4.88). Do not smoke or consume food or drink where there is a danger of exposure. Issue work clothing that meets chapter 8, division 1, and that is worn. Provide suitable sanitary facilities, including showers, eye showers, and skin antiseptics where necessary, in addition to article 3.23. Keep personal protective equipment in the designated place, clean it after every use, and check it before every use. Take off work clothing and other personal protective equipment that holds or may hold agents when leaving the workplace, store it apart from other clothing in addition to article 3.22, decontaminate, clean, or if necessary destroy it, and take it outside only in suitable closed packaging, and only to be cleaned, decontaminated, or destroyed (article 4.89). Keep a register of workers who are or can be exposed to category 3 or 4, with the work each worker has done and, as far as it can be determined, the agent, including after an incident or accident. Keep it at least ten years after the last exposure, or longer, and not more than forty years, where the infection can be persistent or latent, is expected to be recognisable only years later, has a long incubation, recurs despite treatment, or has serious long-term complications. The worker can see their entry. The company doctor under Arbowet art. 14, or the occupational health service, can see the register on request (article 4.90). Offer an occupational health examination, in addition to Arbowet art. 18, when the work in which exposure can arise starts, and again when a worker has contracted an infection or disease from an agent and to workers exposed to the same agent. Follow Annex IV to the directive. Take effective measures when the result gives reason. Offer an effective vaccine to a worker who is not yet immune, following Annex VII. Repeat the examination on request. The worker can see their medical file. Keep the results at least ten years after the last exposure, or up to forty years in the cases in article 4.90, fourth paragraph, and tell the worker how an examination remains available after the exposure ends (article 4.91). Tell the works council, the staff representation, or the workers concerned of every accident or incident with a category 2, 3, or 4 agent that released, nearly released, or may have released an agent, the causes, and the measures taken or to be taken (article 4.92). On request, inform them how the assessment was made and its result, the work, the number of workers, the person responsible for safety and health, and the preventive measures in article 4.87a, third paragraph, including the work instruction and the methods, and they can see that information in a form that does not identify anyone (article 4.93). Notify a designated inspector at least 30 days before work with a category 2, 3, or 4 agent is done for the first time, with the name and address, the person responsible for safety and health, the results of the assessment, the category and the kind of agent, and the intended protective and preventive measures. Also notify each following category 4 agent and, where the employer has provisionally classified it, each following new category 3 agent. Diagnostic work is notified only the first time. Notify again when a material change in the processes or procedures can affect safety or health and makes an earlier notification out of date (article 4.94). Notify the inspector, or another body the Minister designates, as soon as possible of an accident or incident that released or may have released a category 3 or 4 agent and can infect workers (article 4.95). When the work ends, hand the register and the examination results to a designated inspector where they are still held (article 4.96). In health care and veterinary medicine other than microbiological diagnosis, the inventory also covers uncertainty about agents in patients or animals and in their samples or material, and the dangers attached to the kind of work. Set and make known disinfection procedures and procedures for safe handling and removal of waste contaminated with biological agents, issue a medical device with a built-in safety and protection mechanism where a sharp medical device can injure or infect, and do not recap injection needles (article 4.97). In isolation wards with patients or animals that are or may be infected with category 3 or 4, take the protective measures in Annex V, column A, to the directive (article 4.98). In laboratories, and in rooms with animals intentionally infected with category 2, 3, or 4 or that carry or may carry such an agent, apply at least containment levels 2, 3, and 4 of Annex V, matched to the category and the assessment. Where the work uses material that may contain those agents and is not aimed at the agents, apply at least containment level 2 (article 4.99). Where category 2, 3, or 4 agents are used in industrial processes, which is work aimed at those agents in reactors of ten litres or more, apply at least containment levels 2, 3, and 4 of Annex VI (article 4.100). An agent not classified in Annex III, where there are indications it should be classified in category 3 or 4, is handled at least at containment level 3 of Annex V or Annex VI (article 4.101). Instruct the workers who do the work in article 4.86, first and second paragraphs, in addition to Arbowet art. 8, on the health dangers, the precautions that prevent exposure, what to do in an accident, the hygiene rules, and wearing and using work clothing and personal protective equipment, and update that instruction when circumstances change (article 4.102). The prohibitions on category 3 and 4 for young workers stay on Arbobesluit art. 1.37. The prohibition on Toxoplasma and rubella for a pregnant worker stays on Arbobesluit art. 1.42. Decide this in only if workers are or can be exposed to biological agents.
When a humidification installation other than a steam humidifier, or a water installation that can bring water into the air as an aerosol and that is not a collective drinking-water supply or a collective pipe network under article 1, first paragraph, of the Drinkwaterwet, is brought into operation or kept in operation, the measures in article 4.87a, first and second paragraphs, are effective against exposure to legionella bacteria where the water contains fewer than 100 colony-forming units of legionella bacteria per litre. Take and analyse the samples by a suitable standardised method. This does not apply to cooling towers (article 4.87b). The substitution duty and the other biological-agent measures stay on the requirement headed by article 4.85. Decide this in only if a water or humidification system can grow legionella.
Workplaces (7)
Place-independent work is work the employer has done in a home, or at another place the worker chooses outside the undertaking, that is not a workplace the employer fits out (article 1.43). It does not include work on the dwelling itself, or nursing, care, or domestic work for a person because of illness, recovery, old age, disability, death, or psychosocial or relationship problems. The rest of the Decree applies only where this division says so, and the young-worker rules do not apply (article 1.44). Occupational-health assistance and the psychosocial measures apply (article 1.45). Hazardous substances may be used only inside the classes, packaging, labelling, exposure, skin and eye protection, fire-fighting means, and instruction rules of article 1.46. The physical-load duties apply, and where the work is in the worker's own home the employer provides a workplace as in articles 5.4 and 5.12 unless the worker already has one (article 1.47), and artificial lighting as in article 6.3, second paragraph, on the same condition (article 1.48). Work equipment follows article 1.49, including guarding, a stop control close to the operator, maintenance, electrical safeguards, and a safe electrical connection in the home, and personal protective equipment follows article 1.50. Keep the worker's name, address, and place of residence, the work they do, and the substances, aids, and tools they use (article 1.51). Do not issue a larger stock of raw materials, semi-finished goods, or finished products than the work needs (article 1.52). The worker tells the employer at once of an accident that Arbowet art. 9 requires to be reported (article 1.53). Decide this in only if workers work away from a workplace the employer fits out, including at home.
A construction site is a temporary or mobile workplace where a civil-engineering work or a building is brought about (article 1.1). Where an employer has workers do that work, take effective measures to protect their safety and health while carrying out Arbowet articles 3, 5, 8, and 19, first paragraph (article 2.35). The measures cover keeping the site in good order with enough protection; placing the workplaces safely, including access to the site and the routes on it; internal transport of materials; maintenance, a check before installations and equipment are put into use, and periodic checks, so defects that can endanger workers are prevented; marking and laying out zones for final and intermediate storage, in particular of dangerous materials or substances; facilities for removing used dangerous materials; storage and removal of waste and rubble; adjusting the duration or the phases of the work to the progress of the structure; cooperation with other employers and self-employed people on the site; and interaction with operations on or near the site. Those measures meet chapter 3, division 1, which stands in the workplace duties headed by articles 3.2, 3.5b, 3.5g, 3.6, 3.11, and 3.20, and division 2. On the site, in addition to division 1, mark and bound the site, provide enough drinking water or another non-alcoholic drink, and meal facilities where needed (articles 3.26 and 3.27). Workplaces that are not at ground level are stable and firm for the number of workers, the maximum load and how it is spread, and outside influences, with effective fixings where stability needs them, and that stability and firmness are checked regularly and after every relevant change of height or depth (article 3.28). Identify, check, and clearly mark electrical installations already on the site. Route overhead lines off the site or make them dead; if that cannot be done, place fences or warning signs, and protect vehicles that must pass underneath. Identify buried electricity lines, other distribution lines, and cables before excavation, and prevent as far as possible the danger of damaging them (article 3.29). In a pit, a tunnel, an excavation, or other underground work, shore or slope against collapse or flooding. Keep excavated earth, material, and vehicles a safe distance from the excavation, and fence it where needed (article 3.30). Assemble or dismantle metal and concrete structures and their parts, formwork, prefabricated elements, or temporary props and shores only under a person designated for that, and only where the formwork and temporary props can bear the forces without danger to the workers (article 3.31). Comply with the safety and health plan (article 2.28) as it applies to the work this employer has done, and follow the directions of the coordinator for the execution phase (article 2.31). The client's duties, including the design check, the notification, appointing coordinators, and drawing up the plan (articles 2.26, 2.27, 2.29, 2.30, and 2.32), and the designer's duty where the client is a consumer (article 2.34), are not this requirement. This division does not apply to extractive work under divisions 6 and 6a (article 2.25). On a construction site, chapter 7, division 5, applies as well as divisions 1 to 4 (article 7.31). That article only says where the division applies. A tower crane, a mobile crane, or a foundation machine in a category a ministerial regulation describes may be operated only by a person registered in the Register kraanmachinisten, and the proof of registration or re-registration, or a copy, is at the workplace. Article 1.5ha applies in the same way (article 7.32). Arboregeling art. 7.6 (BWBR0008587) is that category: a tower crane, whether or not it can travel, whose maximum load moment is 10 tonne-metres or more or whose jib is fixed 20 metres or higher above the plane of the support; a mobile crane that can travel, is not bound to a fixed track, and is not a tower crane, whose maximum load moment is 10 tonne-metres or more, other than a loader crane fixed on a vehicle and used only to load or unload that vehicle or a combination of vehicles, and other than an earth-moving machine that excavates and immediately lays pipe in that excavation or places trench sheets for the earthworks; and a foundation machine that can travel or roll, fitted to process foundation elements or meant to make, drive, or remove piles or other long objects and to do the work directly connected with that, including moving loads at a maximum load moment of 10 tonne-metres or more. Art. 7.7 is registration or re-registration against the schemas the Stichting Toezicht Certificatie Verticaal Transport set on 28 February 2025 and published in Stcrt. 2025, 35699: W4-06 for a tower-crane operator, W4-01 for a mobile crane on tyres or tracks, W4-05 or W4-01 for an earth-moving machine with a lifting function, W4-04 or W4-01 for a lorry-loader crane, W4-07 or W4-01 for a telehandler with a lifting function, W4-02 or W4-03 for a small foundation machine, and W4-03 for a large one. A small foundation machine, including its equipment and the foundation element, has a mass of 30 tonnes or less, a total height under 10 metres, and handles elements shorter than 10 metres. A large one has a mass of 30 tonnes or more, a total height of 10 metres or more, or handles elements of 10 metres or longer. A competent person checks the safety of a scaffold's structure regularly, and in any case before it is taken into use, after every change to the structure, after every period in which it was not used, after abnormal weather, and after every other event that may have affected that safety. A scaffold is not overloaded, and loads are spread over it as evenly as possible. Mobile scaffolds are secured against unwanted movement (article 7.34). The general rules for scaffolds, ladders, and temporary work at height stay on the duty headed by article 7.23. Drivers and operators of earth-moving and material-loading machines have the specific competence for that, and effective measures prevent those machines ending up unintentionally in excavations or in the water (article 7.35). Articles 7.33 and 7.36 are repealed. Regulation articles 7.1, 7.2, and 7.3 are repealed. Decide this in only if the employer has workers on a construction site.
Article 2.40 applies this division to work in surface mining, underground mining, and winning minerals by drilling, and not to surface mining with dredging equipment. Where a manned workplace is in use, a responsible person supervises. Particularly dangerous work is assigned only to competent people with enough experience and is done as instructed. For safe use of a helicopter deck on a mining installation, designate workers with the skill and expertise to supervise that use. Hold safety drills at regular intervals. In addition to Arbowet art. 15, provide the alarm or other communication systems needed so help, escape, evacuation, and rescue can start at once. A worker who is the only one present has a means of telecommunication (article 2.41). Before the work starts, draw up a safety and health document that states the risk inventory and evaluation under Arbowet art. 5; the measures, with particular attention to this division and to chapter 3, divisions 1 (except the explosive-atmospheres paragraph), 3, 3A, 3B, and 3C; the measures against a repeat of accidents with serious injury, fatal accidents, or the situations in article 2.42c; how Arbowet art. 19, second paragraph, is met where several employers have work done; the evidence that the design, use, and maintenance of the workplace and the work equipment are safe; and the measures to limit and fight fire. The employer responsible for the workplace coordinates every safety and health measure and records the aim, the measures, and how that coordination is carried out. Revise the document at every important change, extension, or rebuilding. Where there is no works council or staff representation, consult the workers concerned when drawing it up or changing it. Workers and self-employed people in the undertaking, the in-house emergency responders, the external emergency services, the prevention officers, and the experts and the occupational health service can read it. Send a copy to the inspector and to the works council, the staff representation, or the workers concerned. Carry the work out in line with the document (article 2.42). Article 2.42, first paragraph, is the written-cooperation category already named on Arbowet art. 19. Where safety or health requires it, use a permit-to-work for dangerous work and for usually safe work that can bring a serious risk in combination with other work. A responsible person issues the permit before the work starts and states the rules and the precautions before, during, and after (article 2.42a). Keep a register, at suitable places, of the people doing the work, with name, sex, an identity document, employment and posting, the functions they are posted to, the medical examinations and statements this decree requires, and the certificates this decree or the Mining Decree requires (article 2.42b). In addition to Arbowet art. 9, report at once to the designated inspector important events in traffic or transport that endangered or could have endangered safety, any threat to safety or any time people are or were in danger of their lives, and incidents in the use, transport, or storage of explosives that endangered or could have endangered safety, and report once a month the accidents and other events that endangered or could have endangered safety and were not already reported (article 2.42c). On a workplace that wins minerals by drilling, division 6a applies as well (article 2.42d). Keep a safety and health care system for the policy in Arbowet art. 3, covering policy, organisation, planning, execution, monitoring, evaluation, audit, and improvement, and record that policy in the document (article 2.42e). The document shows that the measures protect workers in ordinary situations and in emergencies: the specific sources of accidents with serious consequences, their evaluation, the precautions that avoid those accidents, limit their spread, and allow a controlled evacuation, and the evidence that the care system is adequate to meet the rules on safety and health in both situations. Follow the document's procedures when planning and carrying out every phase of designing, building, equipping, commissioning, using, and maintaining the workplace under article 3.2. Employers responsible for different workplaces cooperate on the documents and on the measures where that arises (article 2.42f). On workplaces that are normally manned, hold drills that train the workers who must use emergency equipment, check and restore that equipment, and check that the rescue craft are ready (article 2.42g). Train workers in the actions an emergency requires. On mining installations where workers stay for a longer time, keep enough trained workers present during helicopter movements to act in an emergency. Also train those workers in the actions for that workplace, as the document describes them, and in survival techniques against the criteria in the document (article 2.42h). On an extractive workplace, chapter 3, division 1 applies except the explosive-atmospheres paragraph, together with division 3, and not to surface mining with dredging equipment (article 3.32). Keep written instructions for safety, health, and the safe use of work equipment, including how to use the emergency equipment and what to do in an emergency, and refer to Arbowet articles 24 and 26 (article 3.33). Put the measures against the danger of explosion in article 3.5g, second paragraph, into the safety and health document (article 3.34). Where there is a danger of suffocation, intoxication, or poisoning, keep suitable resuscitation equipment in addition to Arbowet art. 15, with enough workers present who can use it, and maintain and store it properly (article 3.35). In surface mining, before work on a face above a workplace or a traffic route, check that there are no unstable masses or loose blocks, remove loose blocks where needed, and watch for instability while working a face or a heap of stone (article 3.37). Underground, keep plans of the galleries, the workings, and the known factors that can affect the working and its safety, on a scale that can be read clearly, present on the workplace, shown to the inspector on request, easy to reach, and kept as long as safety requires, and signpost the galleries so workers can find their way (article 3.37b). Connect every underground working to the surface by at least two separate, sound, easily accessible exits, with mechanical transport for the workers where using an exit takes a special effort (article 3.37c). Install, use, and maintain transport so the workers who operate it, use it, or are near it stay safe, and where workers are carried provide suitable facilities and special written instructions (article 3.37d). Support the ground as soon as possible after excavation unless the stability of the ground makes that unnecessary for safety, to schemes and written instructions; inspect every workplace workers can reach for the stability of the ground; and take that inspection into account when maintaining the supports (article 3.37e). Where collapse or an inrush of water can occur, draw up and carry out a working programme aimed at a safe system and at protecting the workers, and take measures to recognise those zones, protect the workers in or near them, and control the risks (article 3.37f). Prevent a rise in temperature or detect it early, limit combustible materials to what is strictly necessary, and use hydraulic fluids that are as flame-resistant as possible and meet the specifications and test conditions for flammability and the hygiene criteria, or take additional measures if they do not (article 3.37g). Give each worker a lamp suitable for the work, in addition to article 3.9 (article 3.37h). Organise the work so it is known at any moment who is underground (article 3.37i). On a drilling installation, in addition to articles 3.2 and 3.3, design, build, fit out, operate, check, and maintain it so it resists the environmental forces that can be expected, with a construction and firmness matched to the use, and fit fire barriers where needed to separate zones where there is a fire risk (article 3.37k). Keep effective safety equipment ready for use and in good condition, and take the activities into account when maintaining it (article 3.37m). Living and accommodation rooms have, on each level, at least two separate emergency exits, as far apart as possible, leading to a safe zone, a safe muster point, or a safe evacuation station, with doors that open easily from the inside outwards or, where that cannot be done, sliding doors (article 3.37n). Where the work creates danger zones, including a danger of falling or of falling objects, fit them so workers cannot enter without permission, and protect the workers who may enter (article 3.37p). Where safety or health requires it, certain equipment can be operated remotely in an emergency from suitable places, including isolation and blowdown of wells, installations, and pipelines, and at least ventilation, emergency shutdown of equipment that could cause ignition, preventing escape of flammable liquids and gases, fire protection, and well monitoring, from control posts that can still be used in an emergency, including at safe muster points and evacuation stations where needed (article 3.37q). Where safety or health requires it, equip every manned workplace with an audiovisual system that can pass an alarm to every manned part, a loudspeaker system that can be heard clearly where workers often are, and a system that keeps contact with the shore and the emergency services. Those systems stay operational in an emergency, the loudspeakers are backed by communication that does not depend on a vulnerable power supply, alarm controls are in suitable places, and a workplace that is not normally manned has an effective communication system while workers are there (article 3.37r). Where safety or health requires it, set muster points, keep a roll, and protect evacuation stations and safe muster points against heat and smoke and, as far as possible, the effects of explosions, keep the escape routes to them usable, and keep them easy to reach from the accommodation and the work rooms, long enough to organise and carry out an evacuation and rescue. One protected place has the remote emergency controls and the shore link where safety or health requires it. At each safe muster point post a list of the workers that point is for, and post a list of the workers who have special tasks in an emergency, whose names are also in the written instructions of article 3.33 (article 3.37s). Keep enough suitable means of rescue, evacuation, and direct escape to the sea ready for immediate use, enough for everyone who can be on the installation, of a type matched to the workplace, made of reliable materials, in a colour that stands out, and fitted so a user can attract rescuers, with what is needed to survive long enough where that is needed. Where escape is along difficult routes or through air that cannot, or may not, be breathed, keep self-rescue apparatus ready at the workplace. Keep what a helicopter needs after an accident ready next to the helicopter landing place (article 3.37t). Shield fire-detection and fire-protection systems, fire-fighting or extinguishing equipment, and alarm systems against accidents so they still work in an emergency, and duplicate them where needed (article 3.37u). Draw up an emergency plan for a person overboard or an evacuation of the workplace, based on the safety and health document, covering standby boats and helicopters and the criteria for their capacity and response time, and record the required response time in the document for each installation. Where there is no works council or staff representation, consult the workers concerned when drawing the plan up or changing it, and also consult the workers of other employers and self-employed people who work in the undertaking under a long-running contract. The same people who can read the safety and health document can read the plan, and a copy goes to the works council, the staff representation, or the workers concerned, and to the inspector. The standby boats are effectively designed and equipped for evacuation and rescue (article 3.37v). Where the nature, scale, and duration of the work on a mining installation require it, provide accommodation in addition to article 3.21. Keep pipes that can immediately endanger health if they leak out of the accommodation and the corridors that connect to it. The accommodation is protected, as the safety and health document describes, against the effects of explosions, the entry of smoke and gas, and the outbreak and spread of fire; against the weather, noise, smell, and smoke from other rooms that can endanger health; it does not open directly onto enclosed rooms that hold machines, boilers, tanks, pressure vessels, and the like; it is separated from every workplace and lies outside danger zones; and a sleeping room does not open directly onto a rest room or onto rooms for preparing or storing food. Provide enough beds or berths for the workers expected to sleep there, no more than two sleeping places in one sleeping room, and enough space to store clothing (article 3.37w). During placement of a mining installation, take every measure needed to protect the safety and health of the workers (article 3.37y). For winning by drilling, Arboregeling art. 3.2 (BWBR0008587) defines the risk analysis, the acceptance limits, the performance standards, and a mining work. Art. 3.2a requires the risks to be determined qualitatively and, where possible, quantitatively, and the acceptance limits likewise. Art. 3.3 bases the care system on a process-oriented internationally recognised standard for the control of safety, health, quality, or environment. Art. 3.4 requires that system to be written down, including what each part contains and how the parts connect. Art. 3.5 requires an audit against internationally recognised standards for auditing care systems, of a kind and frequency such that effectiveness can be judged after every period of three years. Arts 3.6 and 3.7 require a safety and health document, kept on the mining work, for every onshore mining work, every fixed mining installation, every mining installation that is moved as a whole, and every other movable installation used to drill a borehole or to work in or on an existing borehole, and a further document, kept at the work, for drilling a borehole, work in or on an existing borehole, and simultaneous work that endangers safety or health, where the mining-work document does not already cover that. Arts 3.8 to 3.10 state the parts and the contents of those documents, including the information in annexes IV and V and the fire-fighting plan. Arts 3.11 and 3.12 state when they are sent to the designated inspector. Art. 3.13 requires the employer responsible for the mining work to check that the document, other than the preliminary-design report, is followed, to assess that compliance regularly and systematically, and to revise the document when the assessment gives reason. Art. 3.14 requires the emergency plan in article 3.37v to contain the information in annex VIII and to be kept on the mining work. In an underground mine, article 6.20a and article 6.20b apply as well. Every normally accessible underground workplace is ventilated so the atmosphere stays healthy, the danger of explosion and of respirable dust is kept under control, and the conditions during working time match the method and the physical load. Where natural ventilation is not enough, one or more mechanical fans provide the main ventilation, measures keep that ventilation constant and continuous, the underpressure is monitored continuously, and an automatic alarm sounds if the fans stop unexpectedly. The ventilation parameters are measured regularly and the results recorded. A plan of the ventilation system, kept up to date with the useful data, is at the workplace and is shown to the inspector on request. Article 6.20c is repealed. Where minerals are won by drilling, article 6.20d and article 6.20e apply as well: lighting installations light the operational control rooms, escape routes, embarkation zones, and danger zones while workers are present. In addition, chapter 7, division 5A, applies as well as divisions 1 to 4 (article 7.36a). That article only says where the division applies. When choosing, installing, putting into service, operating, and maintaining mechanical and electrical equipment, take account of the workers' safety and health. Where the equipment is in a zone where fire or explosion from the ignition of gases, vapours, or volatile liquids exists or can exist, it is adapted to use in that zone and, where needed, has adequate protective means and systems that protect it if it fails. Mechanical equipment and installations have the necessary strength, are free of visible defects, and are suitable for the use they are meant for. Electrical equipment and installations have the power and capacity for that use. Draw up an effective plan for systematic inspection, maintenance, and, where it arises, testing. A competent person designated for it carries out the maintenance, inspection, and testing of any part, and effective inspection and test reports are drawn up and kept properly (article 7.36b). Decide this in only if the work is surface mining, underground mining, or drilling.
Workplaces can be entered and left safely. They are designed, built, equipped, commissioned, used, and maintained so danger to the safety and health of the workers is prevented as far as possible, and they are kept clean, as free of dust as possible, and, where the safety of the workplace requires it, tidy. Regularly check that the facilities and measures present to protect the workers still work adequately, and repair as soon as possible a defect in those facilities or measures that can affect safety or health (article 3.2). A workplace in a building under the Besluit bouwwerken leefomgeving is used only if the building meets the rules of that decree for the use function that applies (article 3.1b). Buildings and other structures consist of sound material, are of sound construction, and are in a state in which there is no danger of the whole or a part collapsing or falling over. Arrange the workplace so the objects or substances there do not endanger safety or health by collapsing, shifting, falling over, or tipping (article 3.3). Design, lay out, install, maintain, and mark electrical installations so a safe use of electricity is assured as well as possible, with the facilities and protective measures that the way of use, the conditions of use, the outside influences that can be expected, and maintenance require. Take effective measures against the danger of fire, explosion, direct and indirect contact, and coming too close. Keep clear, up-to-date diagrams of every electrical installation, and the other data a safe use needs, except for a low-voltage installation of limited size (article 3.4). High voltage is a voltage above 1000 volts AC effective between the phases or 600 volts AC effective between a phase and earth, or above 1500 volts DC between the poles or 900 volts DC between a pole and earth; low voltage is a voltage below that (article 3.1). Electrical work and operating work that can be dangerous are done by workers who are competent, sufficiently instructed, and authorised for it. A room with a high-voltage installation whose parts are not, or not sufficiently, protected against direct or indirect contact or against coming too close is entered only with a second person authorised for it. Work on or near an electrical installation is done only when the installation, or the part being worked on or near, is dead, and the authorised worker takes effective measures so the work proceeds safely. The dead-work rule does not apply to work on or near a low-voltage installation when the urgent need to do it live has been shown, an authorised worker has expressly ordered it, and the installation is suitable for live work and the authorised worker has taken effective measures against the dangers. It also does not apply to high-voltage work that consists of taking and lifting safety measures, including cutting or shooting cables with suitable equipment, of measurements and tests, or of cleaning electrical equipment. That cleaning is done only when an authorised worker has expressly ordered it, with work equipment, cleaning agents, and personal protective equipment suitable for it, and the workers do not have to enter the danger zone of live parts with the equipment they are physically in contact with (article 3.5). Article 3.1a disapplies, for a workplace in a building under the Besluit bouwwerken leefomgeving, article 3.3, first paragraph, and, for the design and layout of the electrical installations belonging to that building, article 3.4, first paragraph.
Where it can be suspected that the atmosphere in a place or a space contains substances to such a degree that there is a danger of suffocation, intoxication, poisoning, fire, or explosion, a worker may be in that place or space only when investigation shows the danger is not present. Where the investigation shows the danger is present, take effective measures so the worker can be there without danger. There is a danger of suffocation where the atmosphere contains less than 18 percent oxygen by volume. There is a danger of intoxication or poisoning where the concentration of the substances is higher than the limit values in article 4.3. There is a danger of fire or explosion where the oxygen concentration is higher than 21 percent by volume or the concentration of combustible gases or vapours is higher than 10 percent by volume of the lower explosion limit. Where those measures cannot be taken and it is necessary to enter the dangerous atmosphere, keep the worker under continuous observation and take effective measures to protect the worker against the danger and, in immediate danger, to give effective help at once (article 3.5g). Article 3.5g does not apply to categories of tank ship designated by ministerial regulation, for cleaning, maintenance, repair, conversion, or wholly or partly demolishing them, where there is a danger of fire, explosion, poisoning, suffocation, or intoxication. That work is done safely by or under the supervision of a person with enough expertise. Work the regulation designates is done only after a gas expert has assessed the dangers to the safety and health of the workers and has issued a declaration that meets the model the regulation sets. The gas expert holds a certificate of professional competence as a gas expert, issued by the Minister or a certifying body. The certificate, or a copy, is at the workplace and is shown to the inspector on request (article 3.5h). Arboregeling art. 4.1 (BWBR0008587) defines that safety and health declaration as a declaration a gas expert issues after an effective investigation, on one of the models in Arboregeling bijlage IX. Art. 4.2 applies the paragraph to that work on K1, K3, KT, or T ships. Art. 4.3 requires measures where dangerous gases concentrate during or because of the work and are not diluted or removed quickly enough by the movement of the air, and the tank lids are closed and the work is stopped if the concentrations cannot be limited sufficiently. Art. 4.10 is the investigation whose result the gas expert records on the declaration. Art. 4.14 states when the Minister, or a certifying body the Minister has designated, issues the certificate. Decide this in only if workers enter a dangerous atmosphere or a confined space.
Floors of workplaces are as free as possible of unevenness and dangerous slopes and are as firm, stable, and slip-resistant as possible. The surface of floors, walls, and ceilings can be cleaned and maintained for the hygiene of the workplace. Enclosed rooms where work is done are thermally insulated enough for the nature of the work and the physical load. Transparent or translucent walls are, as far as the nature of the workplace allows, clearly marked and made of safety material, or placed or shielded so workers cannot be injured (article 3.11). Windows, skylights, and ventilation openings that can be opened and closed can be opened, adjusted, and secured safely, and do not cause danger when open. Windows and skylights can be cleaned without danger (article 3.12). The place, number, dimensions, and materials of doors, movable gates, and other passages match the nature and use of the workplace. Transparent doors are marked at eye height. Swing doors are transparent, or have transparent panels, where the workplace and the work require it. Where doors or other passages have transparent or translucent surfaces, take effective measures so workers are not injured by unintended contact with those surfaces. Doors and movable gates that can leave their guides are secured against lifting off, running off, or falling. Automatic doors and gates work so they cause no danger, have easily recognisable safeguards, and can be opened by hand unless they open automatically in a power failure. Next to a door, gate, or passage meant mainly for vehicles or transport, there is a separate passage for pedestrians unless the vehicle passage is safe for them, and that pedestrian passage is clearly marked and free of obstacles. Chains or similar devices used to stop people entering a space are clearly visible and effectively fitted with prohibition or warning signs (article 3.13). Routes on the workplace are placed and laid out so pedestrians and vehicles or means of transport can use them easily, safely, and for their purpose, and workers near those routes are not put in danger. Their dimensions match the number of users and the nature of the work. Where vehicles or means of transport are used on routes that are not the public road, set the necessary traffic rules, and assure a safe space for pedestrians or take other effective measures to protect them. Routes for vehicles or means of transport are far enough from the other routes, and routes are clearly marked off where the use or the layout of the workplace requires it (article 3.14). Places where the nature of the work brings danger, including a danger of falling or of falling objects, or where an obstacle that cannot be removed endangers vehicles or people moving, are clearly marked with signs that meet chapter 8, division 2, and only workers who must enter them for their job or function are allowed in (article 3.15). Where the work involves a danger of falling, provide a safe scaffold, staging, platform, or work floor where possible, or counter the danger with effective guard rails, handrails, or similar. There is a fall danger at least where circumstances increase the risk, where there are openings in floors, or where a person can fall 2.5 metres or more. Guard rails and handrails are effective when they protect to at least 1 metre above the work surface, or when they meet the floor-barrier rule of the Besluit bouwwerken leefomgeving. The scaffold or guard does not apply to work in circumstances where ladders and steps are allowed under article 7.23, second paragraph. Where those facilities cannot be fitted, or can be fitted only in part, or where fitting or removing them would bring greater dangers than the work they would protect, provide strong enough and large enough safety nets in effective places, or use effective safety belts with lines of sufficient strength, or other technical means that protect that work at least as well. Collective protection comes before individual protection (article 3.16). Prevent, and where that cannot be done limit as far as possible, the danger of being struck by objects, products, or parts of them, or by liquids or gases, and the danger of being trapped between objects, products, or parts of them. Collective protection again comes first (article 3.17). Escalators and moving walkways work safely and have the necessary safety devices, including emergency stops that are easy to recognise and to reach. Loading platforms and ramps match the dimensions of the loads to be moved and have at least one exit (article 3.18). The dimensions and the air volume of the workplace are such that the worker can do the work without danger to safety or health, and the worker has enough room to move. Where the nature of the work means that room cannot be provided, another open or enclosed space with enough freedom of movement is available nearby for the workers concerned (article 3.19). Article 3.1a disapplies, for a workplace in a building under the Besluit bouwwerken leefomgeving, the part of article 3.11, first paragraph, that requires floors to be as free as possible of dangerous slopes and as firm and stable as possible, article 3.11, third paragraph, and the second sentence of article 3.18, second paragraph, and article 3.18, third paragraph. Decide this in only if the workplace has layout or fall risks.
In the undertaking, or in its immediate vicinity, an easily accessible room is available where the workers can spend their breaks. The room is suitable for that and, depending on the number of workers, large enough and equipped with enough tables and chairs (article 3.20). Overnight rooms apply only where workers stay: for workers who customarily stay in the undertaking where they work during the time between the end and the start of the daily working time, an overnight room is available, adequately fitted out, and used only by people of the same sex (article 3.21). Every worker has a place to hang clothing. Where workers must wear special work clothing, suitable changing rooms are available, large enough, provided with chairs or benches, separated by sex, and as near as possible to the open or enclosed rooms where the work is customarily done, and wet work clothing can be dried where needed. Clothing the workers do not wear during the work can be stored effectively and locked, and where the circumstances require it the special work clothing and the workers' personal clothing can be stored apart, effectively and locked (article 3.22). Where workers are exposed to dirt or dust, a washroom with enough washbasins is available. The basins are placed so they can be used, separated by sex, and have cold running water and hot running water where needed. Where workers are exposed to dirt, dust, or high temperatures such that cleaning the body must go beyond the hands and the face, or the nature of the work or the care of health requires it, a shower room with enough showers is also available, large enough, effectively fitted, and separated by sex, and the showers have hot and cold running water. Where the shower or wash rooms and the changing rooms are not the same room, they are easy to reach from each other indoors (article 3.23). Enough toilets are available near the rooms where the workers do their work, with enough washbasins in or immediately next to the rooms that hold the toilets, and the toilets or their use are separated by sex (article 3.24). Where the nature of the work or the dangers attached to it make it necessary, enough first-aid posts are available in the undertaking, in addition to Arbowet art. 15. The posts have clearly visible instructions for first aid in accidents, a clearly visible alarm number, the necessary first-aid equipment, and easy access for stretchers, and the posts and the equipment carry a sign that meets chapter 8, division 2 (article 3.25). Article 3.1a disapplies article 3.24, first paragraph, and the first sentence of the second paragraph, for a workplace in a building under the Besluit bouwwerken leefomgeving.
Physical load (2)
Article 5.1 only names the directive for this division, Directive 90/269/EEC on the manual handling of loads, and does not state the duty. Organise the work, lay out the workplace, and choose the production and work method, the aids, and the personal protective equipment so that the physical load cannot endanger the worker's safety or health (article 5.2). Where those dangers cannot reasonably be prevented, limit them as far as reasonably possible, having regard to Annex I to the directive, and assess the safety and health aspects of the physical load in the inventory under Arbowet art. 5, in particular the characteristics of the load, the physical effort required, the working environment, and the demands of the task (article 5.3). Lay out workplaces on ergonomic principles unless that cannot reasonably be required (article 5.4). Where the work is in the worker's own home, that workplace stays on Arbobesluit art. 1.51. Give workers who handle loads manually effective instruction, having regard to Annexes I and II to the directive, on how loads are handled, the dangers, and the measures that limit them, and tell them the weight and, where the weight is uneven, the centre of gravity or the heavy side (article 5.5). Annexes I and II are observed for physical load (article 5.6). The posture and lifting limits for a pregnant or breastfeeding worker are article 5.13a and stay on Arbobesluit art. 1.42. Articles 5.14 and 5.15 are repealed. Display-screen work is article 5.9 and is not this requirement. Decide this in only if the work involves physical load or manual handling.
A display screen is an alphanumeric or graphic screen, whatever the imaging process. A display-screen workplace is the screen equipment, including a keyboard or other input and the software that sets the human-machine interface, optional accessories, a telephone, modem, printer, document holder, chair, and work table or work surface, and the immediate working environment (article 5.7). That article is the definition and does not state the duty. This division does not apply to driving positions on machines, computer systems meant first for the public, portable systems that are not used continuously at a workplace, or calculators, cash registers, and other equipment with a small display of data or quantities needed for the immediate use of that equipment. It also does not apply where a worker usually uses a display screen for less than two hours a day (article 5.8). In the inventory under Arbowet art. 5, give specific attention to the dangers to eyesight and to the physical and mental load of display-screen work, and take effective measures against those dangers, taking account of their consequences and how they interact (article 5.9). Organise the work so that it is alternated at intervals with other work or with a rest, enough to ease the load of the screen work (article 5.10). In addition to Arbowet art. 18, offer every worker who is given display-screen work for the first time an appropriate examination of the eyes and eyesight before that work starts and at intervals afterwards, offer it again when vision disorders appear that may result from the work, offer an ophthalmological examination when the results require it, and, where ordinary corrective means cannot be used, provide special corrective means related to that work (article 5.11). Without prejudice to article 5.4, further rules for the workplace and for the interaction between the equipment and the workers are set by ministerial regulation (article 5.12). Where the work is in the worker's own home, providing that workplace stays on Arbobesluit art. 1.51. Arboregeling art. 5.1 (BWBR0008587) is the equipment and furniture: characters sharp, clear, and large enough, a stable image, luminance or contrast the user can adjust, a screen that can be placed freely and tilted and is free of annoying glare and reflections, a tiltable keyboard that is separate from the screen with room for the hands and arms, a matt keyboard whose layout and keys make use easier and whose symbols are readable from a normal posture, a work surface large enough, low in reflection, and arranged so the user can sit comfortably and place the screen, keyboard, documents, and accessories, a stable adjustable document holder that limits uncomfortable head and eye movements, a stable chair with an adjustable seat height and an adjustable backrest height and angle, and a footrest if the user wants one. Art. 5.2 is the workplace: enough light and a suitable contrast between the screen and the surroundings, no glare or annoying reflections from lamps, windows, walls, or equipment, adjustable shading on the windows, equipment noise that does not disturb attention or speech, no annoying heat from the equipment, and adequate humidity. Art. 5.3 is the software: fitted to the task, easy to use and to adapt to the user's knowledge and experience, no quantitative or qualitative monitoring without the user's knowledge, information on how the system works, information shown in a form and at a pace fitted to the user, and the principles of ergonomics applied to how the user processes information. This division also does not apply to a driving position on a vehicle on a public road or railway, or to computer systems in an aircraft, a sea ship, an inland ship, or a vehicle on a public road or railway (article 5.13). The physical-load duty headed by article 5.2 is not this requirement. Decide this in only if workers use a display screen.
Physical agents (7)
Taking account of the nature of the work and the physical load it causes, the temperature at the workplace does not harm the workers' health. Where the temperature or unfavourable weather can still cause that harm, provide personal protective equipment. Where that equipment cannot prevent the harm, limit how long the work lasts, or alternate it often enough with a stay at a place where the temperature meets the first rule, so that no harm to health arises (article 6.1). Enough uncontaminated air is present at the workplace. Ventilation installations are always ready for use, do not expose workers to an annoying draught, and have a control system that signals faults where that is necessary for the workers' health. The air rule does not apply to a workplace in a building under Annex I to the Besluit bouwwerken leefomgeving, and such a workplace is used only where the building meets the rules of that decree for the use function that applies (article 6.2). In an underground mine, the additional ventilation in article 6.20a and article 6.20b stays on Arbobesluit art. 2.41. Articles 6.1 and 6.2 do not apply to workplaces in judicial institutions that were in use as such before 1 September 1990, where compliance cannot reasonably be required (article 6.25). Limiting noise in rest rooms and overnight rooms stays on the noise duty. Lighting is article 6.3 and is not this requirement. Decide this in only if the employer controls the climate of the workplace.
Workplaces and connecting routes are lit so that the light creates no risk to the safety or health of workers. As far as possible, enough daylight enters the workplaces, and enough artificial lighting is provided. The artificial lighting is fitted so that the danger of accidents is prevented. The colour of the artificial light must not change or affect the perception of the safety and health signs set under chapter 8, division 2 (article 6.3). In an enclosed room where work is done, direct sunlight can be kept out (article 6.4). Article 6.4 was formerly numbered article 6.5. Articles 6.3 and 6.4 do not apply, unless compliance can reasonably be required, to aircraft for which a Dutch certificate of airworthiness, or one treated as equivalent, was issued before 1 January 1997, to sea ships built before 1 January 1994, or to vehicles on a public road or railway built before 1 January 1994. The build date of a sea ship follows article 2 of the Schepenbesluit 2004 or, for a seagoing fishing vessel, the Vissersvaartuigenbesluit or the Vissersvaartuigenbesluit 2002 (article 6.24). Article 6.3 does not apply to workplaces in judicial institutions that were in use as such before 1 September 1990, where compliance cannot reasonably be required (article 6.25). Where minerals are won by drilling, the lighting in articles 6.20d and 6.20e stays on Arbobesluit art. 2.41. Article 6.20c is repealed. Article 6.30 is repealed. Where the work is in the worker's own home, artificial lighting as in article 6.3, second paragraph, stays on Arbobesluit art. 1.51. The lighting of a display-screen workplace is Arboregeling art. 5.2 and stays on the display-screen duty. The lighting of the work and maintenance points of work equipment is article 7.8 and stays on the work-equipment duty. Decide this in only if the employer provides the lighting.
Peak sound pressure, daily noise exposure (LEX,8h), and weekly noise exposure are defined in article 6.6 by ISO 1999:2016, and that article does not state the duty. In the inventory under Arbowet art. 5, assess and, where necessary, measure the noise levels workers are exposed to, so as to determine where and to what extent they can be exposed to the harmful levels in article 6.8. The prevention officer under Arbowet art. 13, or the expert or the occupational health service under articles 14 and 14a, does that assessment and measurement on a written schedule, and again when circumstances have changed substantially, when there is reason to think the result is wrong, or when the examination in article 6.10 requires it. Take account of the uncertainty of the measurement. The methods and instruments match the noise, the duration, the surroundings, and the equipment, and can show whether the levels in article 6.8 are exceeded. Samples represent the worker's personal exposure. The assessment covers the level, nature, and duration, including impulse noise; the action values and the exposure limits; workers in particularly sensitive groups; as far as technically feasible, the interaction of noise with ototoxic substances and with vibration; the interaction of noise with warning signals or other sounds that must be heard; the manufacturer's information on noise emission and the existence of quieter equipment; exposure that continues outside normal working time under the employer's responsibility; relevant results of the examination; and the availability of hearing protectors that attenuate enough. The works council, the staff representation, or the workers concerned can give a view on how the assessment and measurement are done. Keep the results so they can be consulted later, explain them to those workers, and record the measures under articles 6.8, 6.9, and 6.11 in the inventory (article 6.7). Take technical or organisational measures that remove the risks of exposure at the source or limit them to a minimum, following technical progress and the measures that are available, including alternative methods, quieter equipment, the design and layout of the workplace, instruction in the correct use of equipment, shielding, enclosure, and absorption of airborne noise, damping or isolation of structure-borne noise, maintenance, and limiting the duration and the intensity with enough rest breaks (article 6.8, first and second paragraphs). Where the daily exposure is higher than 85 dB(A) or the peak sound pressure is higher than 140 Pa, the plan of action under Arbowet art. 5 sets and carries out technical or organisational measures that limit the exposure to a minimum. Mark workplaces where the daily exposure can be higher than 85 dB(A) or the peak higher than 140 Pa, and bound them effectively, and limit access where that is technically feasible and the risk justifies it. Limit noise in rest rooms under article 3.20 and overnight rooms under article 3.21 to a level compatible with their function. Match the measures to workers in particularly sensitive groups. Where the daily exposure is higher than 80 dB(A) or the peak is higher than 112 Pa, provide suitable, properly fitted individual hearing protectors that prevent hearing damage or reduce that risk to a minimum. The works council, the staff representation, or the workers concerned can give a view on the measures and on the choice of protectors. Workers use the protectors where the daily exposure is 85 dB(A) or higher or the peak is 140 Pa or higher. Taking account of the attenuation of the protectors the worker wears, the daily exposure is in no case higher than 87 dB(A) and the peak is in no case higher than 200 Pa. Where that limit is still exceeded, bring the exposure back below it at once, find the causes, and adapt the measures so it does not happen again (article 6.8). Where workers must be at a workplace for special tasks and the daily exposure differs considerably from one working day to the next, and compliance with those daily rules cannot reasonably be required, read weekly exposure for daily exposure. The weekly exposure, taking account of the protectors, is then not more than 87 dB(A), and effective measures limit the risk of those activities to a minimum (article 6.9). Where the assessment shows a health risk, offer an audiometric examination in addition to Arbowet art. 18. Offer it periodically to every worker whose daily exposure is higher than 85 dB(A) or whose peak is higher than 140 Pa, and, where the assessment shows a health risk, to every worker whose daily exposure is higher than 80 dB(A) or whose peak is higher than 112 Pa. The examination aims at an early diagnosis of hearing loss from noise and at preserving hearing. The expert or the occupational health service keeps a personal medical file with a summary of the results, kept so it can be consulted later with medical confidentiality. The worker can see it and have a copy. A designated inspector receives a copy on request (article 6.10). Where the examination shows demonstrable hearing damage, the expert, or a specialist if the expert considers that necessary, judges whether the damage is probably the result of noise at work. Where it is, repeat the assessment and measurement, review the measures, take account of the advice, including assignment to other work without an exposure risk, and offer an interim audiometric examination to every worker exposed in a similar way (article 6.10a). Give effective instruction to workers exposed to a daily exposure of 80 dB(A) or higher and a peak of 112 Pa or higher, on the risks, the measures, the action values and the limits, the results of the assessment and what they mean, the correct use of hearing protectors, how to recognise and report signs of hearing damage, when an examination is available and what it is for, and safe methods that limit exposure (article 6.11). The Arboregeling sets no live noise limit or measurement method. Bijlagen XVI to XVIf, which belonged to repealed regulation articles, are repealed. The young-worker prohibition in article 6.27, a workplace where the daily exposure is 85 dB(A) or higher or the peak is 140 Pa or higher, stays on Arbobesluit art. 1.37. The pregnant-worker prohibition in article 6.29c, an equivalent level above 80 dB(A) or peaks above 112 Pa, stays on Arbobesluit art. 1.42. Articles 6.21, 6.22, and 6.23 are repealed. Decide this in only if workers are or can be exposed to harmful noise.
Hand-arm vibration is mechanical vibration transmitted to the hand-arm system that risks vascular, bone or joint, nerve, or muscle disorders. Whole-body vibration is mechanical vibration transmitted to the whole body that risks low-back disorders and damage to the spine. The directive is Directive 2002/44/EC (article 6.11a, first paragraph). That paragraph is the definition. For hand-arm vibration the daily exposure limit, reduced to a standard reference period of eight hours, is 5 m/s2 and the action value is 2.5 m/s2. For whole-body vibration the daily exposure limit, reduced to the same period, is 1.15 m/s2 and the action value is 0.5 m/s2 (article 6.11a, second and third paragraphs). Those values are not a separate requirement. In the inventory under Arbowet art. 5, assess and, where necessary, measure the levels of mechanical vibration the worker is exposed to. Plan the assessment and measurement carefully and repeat them at suitable intervals. For hand-arm vibration follow points 1 and 2 of part A, and for whole-body vibration points 1 and 2 of part B, of the annex to the directive. Keep the measurement results so they can be consulted later. The assessment covers the level, nature, and duration, including periodic vibration or repeated shocks; the limits and action values; workers at increased risk; indirect effects on safety from the interaction of vibration with the workplace or other equipment; the manufacturer's information; the existence of equipment designed to reduce the levels; whole-body exposure that continues outside normal working time under the employer's responsibility; particular conditions such as low temperatures; and relevant results of the examination in article 6.11e. Review the assessment regularly, and whenever changed circumstances or those results give reason (article 6.11b). Where the action values are or can be exceeded, the inventory and the plan of action, having regard to Arbowet art. 3, cover alternative methods that reduce the need for exposure, equipment that is ergonomically designed and vibrates as little as possible, aids that prevent health damage, maintenance, the design and layout of the workplace, instruction so equipment is used safely and correctly, limiting the duration and intensity, enough rest breaks, and clothing that protects exposed workers against cold and damp. Workers are not exposed above the exposure limit. Where the limit is nevertheless exceeded, bring the exposure back under the limit at once, investigate the cause, and adapt the measures so the limit is not exceeded again. Match the measures to workers at increased risk (article 6.11c). Give effective instruction to workers exposed to the risks of mechanical vibration, on the measures, the limits and action values, the results of the assessment and the health damage the equipment can cause, how to recognise and report symptoms, when an examination is available, and safe methods that limit exposure (article 6.11d). In addition to Arbowet art. 18, offer an occupational health examination before the work starts to every worker who is given work that the assessment shows can endanger safety or health. Where a disorder is found that may result from the exposure, offer an interim examination to workers exposed in a similar way. Repeat the examination on request, and the new result replaces the previous one. Where a demonstrable disease or a harmful effect is established, the expert or the occupational health service tells the worker how an examination remains available after the exposure ends (article 6.11e). The Arboregeling sets no live vibration limit or measurement method. The young-worker prohibition on harmful vibration in article 6.27 stays on Arbobesluit art. 1.37. The pregnant-worker prohibition in article 6.29b, whole-body vibration or shocks above 0.25 m/s2, or direct contact with an ultrasonic source above 20 kHz at more than 110 dB per third-octave band, stays on Arbobesluit art. 1.42. Decide this in only if workers are or can be exposed to harmful vibration.
Article 6.12a defines optical radiation, the ultraviolet, visible, and infrared bands, artificial optical radiation as radiation that does not come from natural sources, laser and laser radiation, non-coherent radiation, and the exposure quantities, by Directive 2006/25/EC, and does not state the duty. This division applies where the worker is or can be exposed to artificial optical radiation to a degree that can endanger health or safety by adverse effects on the eyes or the skin (article 6.12b). That article only states where the division applies. The exposure limits that govern the division are Annex I to the directive for incoherent radiation other than from natural sources, and Annex II for laser radiation (article 6.12c). Those limits are not a separate requirement. In the inventory under Arbowet art. 5, assess and, where necessary, measure or calculate the levels workers are likely to be exposed to. Follow the standards of the International Electrotechnical Commission for laser radiation and the recommendations of the International Commission on Illumination and the European Committee for Standardization for incoherent radiation. For situations those standards and recommendations do not cover, follow scientifically based standards a ministerial regulation designates. The geldend Arboregeling (BWBR0008587) designates none. Where the equipment falls under an applicable Community directive, the producer's information may be taken into account. The prevention officer, or the expert or the occupational health service, plans the assessment, measurement, and calculation carefully and repeats them at a suitable frequency, and again when circumstances have changed or the examination in article 6.12g requires it. Keep the results so they can be consulted later. The works council, the staff representation, or the workers concerned can give a view on the method, and the results are explained to them. The inventory covers the level, the wavelength ranges, and the duration; the limits; workers in a particularly sensitive group; interaction with photosensitising chemicals; indirect effects such as temporary blindness, explosion, or fire; equipment designed to reduce the levels; relevant results of the examination; exposure to several sources; the classification of lasers under the relevant International Electrotechnical Commission standard and similar classifications of sources that can cause damage comparable to a class 3B or 4 laser; and the producer's information. Record the measures under articles 6.12e and 6.12f (article 6.12d). Take technical or organisational measures that remove the risks or limit them to a minimum, following technical progress and the possibility of controlling the risk at the source. Where the assessment or calculation shows that the limits can be exceeded in any way, the plan of action sets and carries out measures that prevent an exceedance, including alternative methods, equipment that emits less, interlocks, shielding, or similar protection, maintenance, the design and layout of the workplace, limiting the duration and the level, suitable personal protective equipment, and the manufacturer's instructions where a Community directive applies. Mark workplaces where workers are or can be exposed above the limits, and, where that is technically feasible and there is a risk of exceedance, bound them and limit access. Workers are not exposed above the limits. Where a limit is nevertheless exceeded, bring the exposure back under the limit at once, find out why, and adapt the measures so it does not happen again. Match the measures to workers in a particularly sensitive group. The works council, the staff representation, or the workers concerned can give a view on the measures (article 6.12e). Give the workers who are exposed the instruction the assessment requires, including the measures, the limits and the dangers, the results and what they mean, how to recognise and report harmful effects, when an examination is available, safe methods, and the correct use of personal protective equipment (article 6.12f). Where a worker has been exposed above the limits, or suffers a recognisable disease or harmful effects that the expert or the occupational health service attributes to artificial optical radiation at work, offer an occupational health examination in addition to Arbowet art. 18. Tell the worker the personal result and how an examination remains available after the exposure ends, report significant findings, repeat the assessment, review the measures, take account of the expert's advice, and continue the examination and review the health of other workers exposed in the same way. Keep an individual medical file with a summary of the results. The expert or the service can see the assessment results. The worker can see and copy the results that concern them (article 6.12g). Article 6.12, on appliances, is repealed. The young-worker prohibition on equipment that can emit artificial optical radiation, in article 6.27, stays on Arbobesluit art. 1.37. Decide this in only if workers are or can be exposed to artificial optical radiation.
Article 6.12h defines action levels, direct biophysical effects, electromagnetic fields as static electric and magnetic fields and time-varying electric, magnetic, and electromagnetic fields with frequencies up to 300 GHz, health-effect limits, sensory-effect limits, and indirect effects, by Directive 2013/35/EU, and does not state the duty. This division applies where the known direct biophysical effects and the indirect effects of electromagnetic fields can risk the health or safety of workers. It does not apply to supposed long-term effects, or to the risks of contact with live conductors. Where the division refers to Annex II or Annex III to the directive, compliance takes account of the physical quantities in Annex I (article 6.12i). That article only states where the division applies. Keep workers' exposure within the health-effect limits and the sensory-effect limits in Annexes II and III. The procedures in article 6.12k establish whether those limits are observed. Where exposure exceeds them, take the measures in article 6.12l, ninth paragraph, at once. The limits are observed where it is shown that the action levels in those annexes are not exceeded. Where exposure exceeds the action levels, take the measures in article 6.12l, second and third paragraphs, unless the assessment shows that the applicable limits are not exceeded and safety risks can be excluded. Exposure may exceed the low action levels for electric fields in Annex II, table B1, where the sensory-effect limits in table A3 are not exceeded, or where the health-effect limits in table A2 are not exceeded, excessive spark discharges and the contact currents in table B3 are prevented, and the workers have been given the information in article 6.12m. Exposure may exceed the low action levels for magnetic fields in Annex II, table B2, on the conditions article 6.12j, sixth paragraph, states. For a well-founded reason, exposure may temporarily exceed the sensory-effect limits in Annex II, tables A1 and A3, and Annex III, table A2, on the conditions in the seventh paragraph, and the health-effect limits are not exceeded (article 6.12j). The annex values are not a separate requirement. In the inventory under Arbowet art. 5, assess every risk from electromagnetic fields at the workplace and, where necessary, measure or calculate the levels. Take account of the practical guides in article 14 of the directive and of other scientifically based standards and recommendations a ministerial regulation designates. The geldend Arboregeling (BWBR0008587) designates none. Where those sources cannot show whether the limits are observed, assess the exposure by measurement or calculation. The prevention officer, or the expert or the occupational health service, plans that work carefully and repeats it at a suitable frequency, and again when circumstances have changed or the examination in article 6.12n requires it. Keep the results, let the works council, the staff representation, or the workers concerned give a view, and explain the results to them. For a workplace the public can enter, an existing assessment under Recommendation 1999/519/EC may be used where the restrictions in that recommendation are observed for the workers and health and safety risks are excluded, which is presumed where the equipment meets the applicable EU rules and is used as intended. The inventory covers the limits and action levels, the frequency, level, duration, and nature of the exposure, including its distribution over the body and the workplace, possible direct biophysical effects, workers at increased risk, indirect effects, several sources, simultaneous exposure to fields of different frequencies, equipment designed to reduce the level, information from the examination, the producer's information, and other relevant health and safety information (article 6.12k). Take measures that remove the risks or limit them to a minimum, following technical progress and the measures available to control the fields at the source. Where the action levels are exceeded, draw up and carry out a plan of action under Arbowet art. 5, unless the assessment shows that the limits are not exceeded and health and safety risks can be excluded. The plan covers alternative methods, equipment that emits less, technical limitation of the emission including interlocks and shielding, demarcation and access measures such as signs, labels, floor markings, and barriers, measures against spark discharges and contact currents where electric fields are involved, maintenance, the design and layout of the workplace, limiting the duration and intensity, and suitable personal protective equipment. It also covers workers at increased risk and risks from indirect effects, with a separate assessment where needed. Where the action levels are exceeded, mark the workplaces with appropriate signs, designate the rooms, and limit access as far as necessary. Where article 6.12j, sixth paragraph, part a, applies, train the workers, use technical means and personal protection including earthing of the objects used, equipotential bonding of workers to those objects, and insulating shoes, gloves, and protective clothing. Where the seventh paragraph, part a, applies, control movements. Unless article 6.12o, article 9.17c, or article 6.12j, sixth or seventh paragraph, applies, workers are not exposed above the health-effect limits or the sensory-effect limits. Where those limits are nevertheless exceeded, bring the exposure back under them at once, record why, and adapt the measures so it does not happen again. Where a worker reports transient symptoms that the expert or the occupational health service attributes to exposure at work, update the assessment and the measures where needed. The works council, the staff representation, or the workers concerned can give a view on the measures (article 6.12l). Article 9.17c, an exemption from article 6.12j for a specific sector or activity where the limits will be exceeded only temporarily and the workers remain protected, is not a requirement. Give the workers who may be exposed the instruction the assessment requires, including the measures, the limits and action levels and the preventive measures, possible indirect effects, the results of the assessment, how to recognise and report harmful effects, possible transient symptoms related to the central or peripheral nervous system, when an examination is available, safe methods, and workers at increased risk (article 6.12m). Where a worker has been exposed above the limits, or suffers a recognisable disease or harmful effects that the expert or the service attributes to electromagnetic fields at work, offer an occupational health examination in addition to Arbowet art. 18. Keep an individual medical file. The worker can see and copy the results that concern them (article 6.12n). An exceedance established by the assessment is allowed, by way of exception to article 6.12j, for installing, testing, maintaining, and using MRI equipment for public health, and for investigating and developing it, where every technical and organisational measure the state of the art allows has been applied, the circumstances justify the exceedance, the workplace, the equipment, and the practice have been taken into account, and the workers are shown to remain protected against harmful health effects and safety risks (article 6.12o). The young-worker prohibition on equipment that can emit harmful electromagnetic fields, in article 6.27, stays on Arbobesluit art. 1.37. Decide this in only if workers are or can be exposed to electromagnetic fields.
Diving work is work in a liquid, or in a dry diving bell, including the stay there, where breathing uses a gas at a pressure higher than atmospheric pressure. Caisson work is work in a space at a pressure of at least 10000 Pa above atmospheric pressure that is wholly or partly surrounded by a liquid, including the stay in that space and transport to and from it. Other work under overpressure is work, other than diving or caisson work, in a space at a pressure of at least 10000 Pa above atmospheric pressure, including the stay there (article 6.13, first paragraph). That paragraph is the definition and does not state the duty. The division also applies to work in or on a sea ship that is directly connected with the work under overpressure. For SCUBA instruction of sport divers to a depth of at most 50 metres, with a decompression time of at most 20 minutes and a partial oxygen pressure in the breathing gas of at most 140000 Pa, only article 6.14 and article 6.15, first paragraph, parts a, b, and d, apply. For participants in a training in escaping safely from an object under water who use breathing gas under overpressure, articles 6.14a and 6.16, fifth and sixth paragraphs, do not apply where they have had a lung-function examination beforehand that shows no increased health risk and the training is given in the presence of a diver, a standby diver, a diving medical attendant, and a diving supervisor as article 6.16 describes them (article 6.13). Diving work, caisson work, and other work under overpressure are done by a person whose physical and mental condition lets them recognise the dangers of that work and, where possible, prevent or limit them (article 6.14). Before that work starts, the person undergoes an occupational health examination aimed at the particular health dangers, repeated, unless the physical or mental condition changes sooner, at an interval of at most 12 months, or 24 months for a medically trained attendant who is 18 or older but not older than 50 and who accompanies patients treated in a hyperbaric chamber. A physician registered as a diving physician in the Register civiele duikarbeid, or registered as such by the Minister of Defence under article 1.30, third paragraph, carries out the examination. The person does the work only where the examination shows that it is medically permissible, and observes any limiting instructions the result states. On request, another diving physician registered in the same way repeats the examination once, and that result replaces the previous one (article 6.14a). Arboregeling art. 6.2 (BWBR0008587) is the content of that examination: the Keuringsrichtlijn Werken onder Overdruk - Duikarbeid, or, for work in a hyperbaric treatment chamber, the Keuringsrichtlijn Werken onder Overdruk - Hyperbare Geneeskunde, both set by the board of the Stichting Werken onder Overdruk on 10 September 2021 and published at www.arbocataloguswoo.nl. A hyperbaric treatment chamber is a compression chamber fixed in a hospital or medical institution for treating patients under overpressure on a protocol a physician prescribes. Different competence, training, or registration requirements for registration as a diving physician may be set by ministerial regulation. The proof of registration or re-registration, or a copy, is at the workplace. The Dutch-language requirement for a regulated profession in article 1.5ha applies in the same way (article 6.14b). Where the work is done, and taking account of the state of the art and the particular work, a sound written work instruction is at the place, stating at least the safety provisions the workers must take and the emergency procedures; the workers have sound equipment in good condition and enough breathing gas of good quality; a person trained for it is present who can give the workers adequate medical support; and adequate first-aid equipment is present. That person can contact a diving physician at once (article 6.15). Article 6.15a, the certification of a maintenance system for diving and caisson equipment, is repealed. Diving work is done by one or more divers assisted by a standby diver and a diving supervisor. The standby diver dives only to help and rescue divers in difficulty, and is in the bell where a diving bell is used. The supervisor, the diver, and the medical attendant are qualified persons registered in the Register civiele duikarbeid, the Register duikarbeid brandweer en politie, or, for defence, registered by the Minister of Defence under article 1.30, third paragraph. The supervisor may also act as the standby diver only in a liquid that is predominantly water, with a maximum reachable depth of 9 metres and a maximum current of 0.5 metres per second, where there is no foreseeable chance that the divers will get into difficulty, and only on the further conditions in article 6.16 for combining that role with the medical attendant. The diver and the supervisor record the dive, and the assistance given, in a personal logbook. The proof of registration or re-registration, or a copy, is at the workplace. Article 1.5ha applies in the same way (article 6.16). Arboregeling art. 6.1 is that registration, and it does not apply to defence personnel. A diver is registered against the Registratieschema duiker published in Stcrt. 2024, 39678, for a scope from A9, light work with SCUBA to 9 metres in conditioned circumstances and within no-decompression limits, through A15, A15OLV, A30, B30, B50R, and B50, to C, heavy work with surface-supplied equipment from a closed diving bell. A supervisor is registered against the Registratieschema duikploegleider in Stcrt. 2024, 39683, for the matching scope, with the A15OLV endorsement where surface-supplied high-pressure air is used. A medical attendant is registered against the Registratieschema duikmedisch begeleider in Stcrt. 2024, 39685, scope B1 for no-decompression work in diver scopes A9, A15, and A15OLV, or B2 for diver scope A30 and scope categories B and C. A diving physician is registered in the Register civiele duikarbeid against the Registratieschema duikerarts in Stcrt. 2024, 39687, scope A for the periodic examination and scope B for the examinations in article 6.14a, first, second, and sixth paragraphs. A registration for a wider scope covers the narrower scopes that precede it, other than A15OLV, and an incidental deeper dive on scopes A30, B50R, or B50 follows paragraph 5.8 of the diver schema. Art. 6.3 is the logbook: the holder's given name, surname, and date of birth, and for each dive a signature, the date, the start and end, the greatest depth, the schedule followed, the decompression profile, the equipment or system, the nature of the work, and special sessions, including a dive deeper than the scope allows, emergency procedures, safety measures, and additional competences. A diver's logbook also has the supervisor's signature, the supervisor's number, and the total time under pressure. A supervisor's logbook is countersigned for the client and states the number of divers, and may record the total time instead of the start and end. Art. 9.1 carries a certificate that was valid on 1 February 2025 into the matching scope for the remaining term of that certificate, on the conditions that article states. Notify a designated inspector at least five working days before diving work at a depth greater than 9 metres, in a current greater than 0.5 metres per second, with intended decompression, with a breathing gas other than air, over a period longer than a week, or for an underground mine or for winning minerals by drilling, stating the place, the time it will start, the probable number of workers involved, and the number who will actually dive. Where the work is unforeseen and urgent and the time between the order and the work is shorter than five working days, notify as soon as possible. For an underground mine or for winning by drilling, the notification includes information on the safety and health risks of the dive location. Training to become a diver is not notified (article 6.17). Where diving work in water is done deeper than 15 metres, or in another liquid under a pressure higher than 150000 Pa above atmospheric pressure, a suitable compression chamber with a personnel lock and a medical lock is at the place, sized and fitted for the number of people and the work and holding at least two people, and it is used correctly. The same applies where the travel time to the nearest treatment facility with a compression chamber is more than two hours (article 6.18). Caisson work is done by at least two people. Notify a designated inspector at least 30 days beforehand and submit a sound work plan. A specially designated person supervises the building, installation, adaptation, or dismantling of a caisson, and a specially designated person inspects caissons regularly (article 6.19). The same compression-chamber rules apply to caisson work under a pressure higher than 150000 Pa above atmospheric pressure, and where the travel time is more than two hours (article 6.20). Article 6.16, sixth paragraph, does not apply to pupils or students who do diving work that is scientific research, of a light nature, and done by a dive team under article 6.16, first paragraph, of which the pupil or student is an additional member, where they hold a sport-diving certificate a ministerial regulation designates (article 6.31). Arboregeling art. 6.4 designates a valid NOB** certificate issued by the Nederlandse Onderwatersportbond, or a certificate the Minister judges equivalent. The young-worker prohibition on diving, caisson work, and other work under overpressure, in article 6.27, stays on Arbobesluit art. 1.37. The pregnant-worker prohibition in article 6.29 stays on Arbobesluit art. 1.42. Decide this in only if the work is diving, caisson work, or other work under overpressure.
Work equipment (7)
Article 7.1 only says this chapter does not apply to work equipment that has been dismantled or demolished so that it cannot easily be put back into use, and does not state the duty. Work equipment made available to a worker meets the Warenwetbesluiten that apply to it. Equipment that carries a CE marking and an EC declaration of conformity, and is used according to its instructions for use, is presumed to meet articles 7.4, first and second paragraphs, 7.7, 7.10, 7.13, 7.14, 7.15, 7.16, 7.17a, 7.17b except the fourth paragraph, and 7.18b, first paragraph, part a. Where only a part carries that marking and declaration, the presumption covers only that part (article 7.2). In this chapter an examination (keuring) is an investigation or a test (article 7.2a). That article is the definition and does not state the duty. When choosing the work equipment that is made available, take account of the particular features of the work that the inventory under Arbowet art. 5 has shown, the circumstances in which it is done, the dangers already present at the workplace, and the dangers the use of that equipment could add. To prevent the use of work equipment endangering the safety or health of workers, equipment made available at the workplace is used only for the purpose, in the way, and at the place for which it is fitted and intended. The equipment is suitable for the work to be done, or is properly adapted to it. Where the dangers of using it cannot reasonably be prevented, take measures that limit those dangers as far as possible (article 7.3). Work equipment is made of sound material and is of sound construction. It is placed, fixed, or arranged, and used, so that the danger of an unwanted event is prevented as far as possible, including shifting, falling over, tipping, being struck by the equipment or a part of it, overheating, fire, explosion, lightning, and direct or indirect contact with electricity (article 7.4). Article 3.17, the danger of being struck or trapped by objects, products, liquids, or gases, applies in the same way and stays on Arbobesluit art. 3.11. Equipment whose safety depends on how it is installed is examined, before it is first used, for correct installation and for working well and safely, and again after every assembly at a new location or a new place. Equipment subject to influences that can deteriorate and create dangerous situations is examined, and tested where needed, as often as a sound condition requires, and again after exceptional events that can harm its safety, including natural phenomena, changes to the equipment, accidents with it, and a long period out of use. A competent natural person, legal person, or institution carries out the examination. Written proof is at the workplace and is shown to the inspector on request (article 7.4a). Article 7.4a does not apply to amusement and play equipment under the Warenwetbesluit attractie- en speeltoestellen 2023. The first to fifth paragraphs do not apply to scaffolds under article 7.34, which stays on the construction-site duty. The first to third paragraphs do not apply to lifting equipment and lifting gear on board ships under article 7.29, which stays on the loading-and-unloading duty, or to lifts under the Warenwetbesluit liften 2016. The first and second paragraphs do not apply to pressure equipment under article 21 of the Warenwetbesluit drukapparatuur 2016. The third paragraph does not apply to lifting gear under article 7.20, which stays on the lifting duty, to containers under the Warenwetbesluit containers, to cranes under articles 6d to 6f of the Warenwetbesluit machines, or to pressure equipment under article 22 of the Warenwetbesluit drukapparatuur 2016. The fourth paragraph does not apply, for changes or repairs, to pressure equipment under that article 22. The first to third paragraphs do not apply to lifting equipment for professional passenger transport under the Warenwetbesluit machines. Keep the equipment, by adequate maintenance throughout its use, in a state that prevents danger to safety and health as far as possible. Maintenance, repair, and cleaning are done only when the equipment is switched off and free of pressure or voltage, or, where that is not possible, under effective measures that let the work be done safely. The same applies to production and adjustment work with or on the equipment. Keep any maintenance book that belongs to the equipment. Assemble and dismantle it safely, observing the manufacturer's instructions where there are any (article 7.5). Use of equipment that can pose a specific danger to the safety of workers is reserved to the workers charged with that use. Workers charged with converting, maintaining, repairing, or cleaning that equipment have the specific competence and experience for it (article 7.6). Where moving parts pose a danger, they have guards or protective devices that prevent the danger as far as possible. Those guards are sturdy, create no particular danger of their own, cannot easily be ignored or defeated, are far enough from the danger zone, obstruct the view of the work as little as possible, and are fitted so necessary maintenance and repair can be done safely, avoiding dismantling them as far as possible (article 7.7). In addition to article 6.3, which stays on the lighting duty, the work and maintenance points of the equipment are lit enough and effectively (article 7.8). Prevent workers coming into the immediate vicinity of equipment, or a part of it, at a very high or very low temperature. Where that cannot be done, take effective measures against contact (article 7.9). Alarm signals of the equipment are easy and clear to perceive and recognisable as alarms, and meet chapter 8, division 2, which stays on the signs duty (article 7.10). The equipment has clearly recognisable means to disconnect it from its power sources. Reconnecting it after disconnection does not endanger workers (article 7.11). Bring the instructions for use to the workers concerned in an understandable form. Where the use or the presence of equipment in the immediate working environment can endanger workers, point that out, including to workers who do not use the equipment directly (article 7.11a). On equipment with a control system, division 3 applies as well as divisions 1 and 2 (article 7.12). That article only says where the division applies. The control system is safe and does not endanger workers even on unintentional actions. When choosing it, take account of the defects, faults, and loads that can be expected in use. A control is clearly visible and recognisable and, where needed, marked with its function. It is as far as possible outside the danger zone, and its place creates no extra danger. Where the equipment can be started or stopped from a place from which it cannot be seen entirely, give a signal that meets chapter 8, division 2, in time before each start or stop, to protect the workers concerned (article 7.13). The equipment can be started only by a deliberate action on a control meant for that, and the same applies to restarting after a stop, whatever the cause, and to an important change in how it works, unless that restart or change cannot endanger people. That does not apply where starting or changing the operation is part of the normal program of an automatic cycle (article 7.14). The equipment can be stopped safely with a control meant for that. Depending on the danger, the control system stops the whole equipment or the parts of it so that it is in a safe state. When it or those parts are stopped, the energy supply to the equipment or to the parts that cause the danger is interrupted. A stop command cannot be overridden by a start command (article 7.15). The equipment has an emergency stop where that is necessary given its dangers and the normal time needed to stop it (article 7.16). Mobile equipment is article 7.17a, lifting equipment is article 7.18, temporary work at height is article 7.23, and loading and unloading ships is article 7.24. Those are not this requirement. On a construction site, articles 7.32, 7.34, and 7.35 stay on Arbobesluit art. 2.35. In surface mining, underground mining, or winning by drilling, articles 7.36a and 7.36b stay on Arbobesluit art. 2.41. Chapter 7 applies to launching appliances for life-saving appliances on sea ships insofar as that does not defeat their purpose. Article 7.4a, first to third paragraphs, does not apply to those launching appliances or to mechanical pilot ladders on sea ships. Article 7.29 does not apply to fishing vessels under article 1 of the Schepenwet (article 7.37). The young-worker rules in articles 7.38 and 7.39 stay on Arbobesluit art. 1.37. Articles 7.40, 7.41, and 7.42 are repealed. The Arboregeling sets no live general method for the examination in article 7.4a. Regulation articles 7.1, 7.2, and 7.3 are repealed. Decide this in only if the employer provides work equipment.
Article 7.17 only says that, for the specific equipment and work this division names, the rules of this division apply as well as divisions 1 to 3, and does not state the mobile-equipment duty. The general work-equipment duty headed by article 7.3 is not this requirement. Mobile equipment on which one or more people can be carried is fitted so that the danger to those people during transport is limited as far as possible. Except for forklift trucks, such equipment is fitted so that, in the actual conditions of use, the dangers of tipping or overturning are limited as far as possible by a protective structure that stops it tipping more than a quarter turn, a structure that leaves enough free space around the people carried when it can move more than a quarter turn, or another provision with an equal level of safety. That does not apply where the equipment is stabilised during use or is designed so that it cannot tip or overturn. Where the people carried could be crushed between parts of the equipment and the ground if it tips or overturns, a system is fitted that can hold them. Forklift trucks on which one or more people can be carried are fitted so that the danger of tipping, or its consequences, is limited as far as possible by a driver's cab, a device that prevents tipping, a device that leaves enough free space between the ground and parts of the truck if it tips, a device at each seat with which the people on the truck can secure themselves, or another provision with an equal level of safety. Where the unexpected locking of parts that transmit energy between the equipment and its attachments or trailers can pose specific dangers, the equipment has a provision that prevents that locking, or, where locking cannot be prevented, measures that limit the dangers as far as possible. Where parts that transmit energy can be fouled or damaged by dragging on the ground, the equipment has means to secure them (article 7.17a). In addition, mobile equipment with its own drive whose movement can endanger workers is fitted with means to prevent unauthorised people starting it, effective means to limit the consequences of a collision where several rail-borne items of equipment move at the same time, a brake and a stop, an emergency provision where safety requires it that can slow and stop the equipment by easily reached controls or by automatic systems if the main brake and stop fail, and effective aids that give the driver an adequate view where the direct field of view is not enough to keep people safe. Where it is used at night or in dark places, it has lighting fitted to the work that gives the workers enough safety. Where the equipment, its trailers, or its loads can pose a fire danger to people, they carry effective fire-fighting means, unless the workplace is equipped with them at a short enough distance. The CE presumption in article 7.2 does not cover that fourth paragraph, and that presumption stays on the work-equipment duty. Equipment operated by remote control stops automatically when it leaves the control area. Where remotely controlled equipment can strike or trap workers in normal use, it has provisions that protect against those dangers, unless other suitable provisions limit the danger of being struck (article 7.17b). Workers with the specific competence for it operate mobile equipment with its own drive. Riding on it is allowed only on places specially fitted and safe for that. Where work is done while it moves, adapt the speed where needed. Where mobile equipment moves inside a work zone where workers can be, set effective traffic rules. Take effective organisational measures so that workers are not in the work zone of mobile equipment with its own drive. Where the work requires workers to be in that zone, take effective measures so the equipment does not injure them. Do not use mobile equipment with a combustion engine at the workplace unless enough clean air is provided. The air rule for the workplace stays on Arbobesluit art. 6.1. The driver does not leave it until it has been stopped and secured so that it cannot move unexpectedly after the driver leaves (article 7.17c). Where workers are transported over water, take effective measures that safeguard their safety (article 7.17d). Loading and unloading ships is article 7.24 and is not this requirement. Decide this in only if workers use mobile work equipment.
A lifting or hoisting appliance carries, on or near the operating position, a clearly legible indication of the permitted working load for each usual configuration. Except for a test, it is not loaded above the permitted working load or loads, nor above what safe use allows. People with the specific competence for it operate it. An appliance meant and fitted only to carry goods is not used to carry people instead of or together with goods. An appliance that is not meant or fitted to lift people, and that could be misused for that, carries a clearly legible warning against carrying people. It is set up so that the danger of loads striking workers, or leaving their path, falling freely, or coming loose in a dangerous way, is limited. Take effective measures so that workers do not stay under suspended loads. Suspended loads are not moved above unprotected workplaces where workers usually are. Where applying those two rules cannot guarantee that the work proceeds properly, set and apply suitable procedures that safeguard the workers concerned (article 7.18). In addition, for appliances that lift unguided loads, where two or more are installed or assembled so that their working areas overlap, take effective measures against collisions between the loads or parts of the appliances. When using a mobile appliance, take effective measures against tipping, unwanted movement, or slipping, and see that those measures are carried out properly. Where the operator cannot follow the whole path of the load, directly or by aids that give information, designate a worker who stays in contact with the operator to guide them, and take further organisational measures against unwanted collisions of the load. Where loads are attached or released by hand, organise the work so the worker can do that safely and keep direct or indirect control of it. Plan every lifting operation correctly so that the workers' safety is assured, and carry it out under effective supervision. Where two or more appliances lift a load at the same time, set and apply a procedure that coordinates the operators. Where the appliances cannot hold the loads if the energy supply fails wholly or in part, take effective measures so workers are not exposed to the dangers that creates. Keep those loads under continuous supervision, unless access to the danger zone is prevented and the loads are secured and held completely safely. Stop appliances used in the open air as soon as the weather deteriorates so that operational safety is endangered and workers are exposed to danger, and then take effective protective measures, in particular against tipping (article 7.18a). In addition, appliances meant and fitted to lift people have provisions that prevent, as far as possible, the platform for people falling, people falling from that platform, and a person using the appliance being crushed, trapped, or struck, in particular by unintentional contact with an object. They also have a provision that, if the appliance fails, safeguards as far as possible the safety of the people on the platform and makes their rescue possible. Where the danger of the platform falling cannot be avoided by a safety device because of the ground and the difference in height, the suspension uses a suitable cable, chain, or other provision with a raised safety coefficient, and the good condition of that cable, chain, or provision is checked every working day (article 7.18b). Article 7.19 is repealed. Article 7.22 is repealed. Work baskets and work platforms are article 7.23d and stay on the work-at-height duty. Match lifting gear to the characteristics of the loads to be handled, the attachment points, the hook arrangement, and the weather, taking account of how the load is slung and the appliance to be used, and the gear is suitable for the lift to be done. Other than cordage or steel cables, it carries a clearly legible indication of the working load. Composite gear is clearly marked so the user can know its characteristics. Except for a test, it is not loaded above the working load or above what safe use allows. Store it so that it cannot be damaged or attacked. A competent natural person, legal person, or institution, with the equipment needed for it, examines it for good condition at least once a year and tests it where needed. Proof of those examinations and tests is at the workplace and is shown to the inspector on request (article 7.20). Article 7.4a, third paragraph, does not apply to this gear, and that examination stays on the work-equipment duty. Where a shaft holds two or more lifts, take adequate technical measures so that people working in the shaft on one lift are not struck by parts of an adjacent lift. Where those measures cannot be taken, prevent that danger by stopping the adjacent lift (article 7.21). On a construction site, operating a tower crane, a mobile crane, or a foundation machine stays on Arbobesluit art. 2.35. Lifting equipment and lifting gear used on board ships for loading and unloading stay on the duty headed by article 7.24, including the departure from article 7.20, sixth and seventh paragraphs. The hand and arm signals for a lift stay on the signs duty. Decide this in only if workers use lifting equipment.
Where temporary work at height cannot be done safely and under suitable ergonomic conditions on a suitable work floor, choose the most suitable work equipment to assure and maintain safe working conditions. Collective safety measures come before personal safety measures. The dimensions of the equipment match the nature of the work, the foreseeable loads, and passage without danger. Choose the most suitable means of access to the temporary workplace at height according to the traffic, the height to be bridged, and how long it will be used. The chosen means of access allows evacuation when danger threatens. Passing from a means of access onto platforms, floors, or gangways, and back, creates no extra risk of falling. Limit the use of ladders and steps as workplaces at height to circumstances in which using other, safer equipment is not justified because the risk is slight and, either, the use is short, or the existing features of the site cannot be changed (article 7.23, second paragraph). The scaffold or guard on the layout duty does not apply in those circumstances, and that exception stays named on Arbobesluit art. 3.11. Use access and positioning techniques with lines only where the inventory under Arbowet art. 5 shows that the work can be done safely and using other, safer equipment is not reasonably possible. In that case, taking account of that inventory, the duration of the work, and the ergonomic requirements, provide a seat with suitable accessories. Depending on the equipment used, take the measures needed to minimise the risks to the workers, and fit fall protection where needed. The fall protection is configured and strong enough to prevent a fall from height or to arrest a fall so that injury is prevented as far as possible. Interrupt collective fall protection only where there is access to a ladder or steps. Where the work requires collective fall protection to be removed temporarily, provide effective replacement safety provisions, and do not do that work until they are in place. Put the collective fall protection back when that work ends, finally or for a time. Do temporary work at height only when the weather does not endanger the safety and health of the workers (article 7.23). Place ladders and steps so that their stability is always assured in use. The support points of portable ladders and steps rest on a stable, firm, and immovable base of sufficient size so that the rungs stay horizontal. Prevent the foot slipping during use by fixing the top or the bottom of the stiles, by an adequate anti-slip device, or by another equally effective measure. Access ladders extend at least 1 metre above the access level, unless other provisions give a safe hold. Secure rolling ladders and steps before they are climbed. Fix suspended ladders firmly and, other than rope ladders, so that they cannot shift and swinging is avoided. In use, workers always have a safe support and hold. Carrying loads by hand on a ladder or steps never prevents a safe hold. The parts of multi-section ladders and extension ladders do not shift relative to each other during use (article 7.23a). Article 7.33 is repealed. Where the strength and stability calculation for the chosen scaffold is not available, or the structure configurations considered are not covered by the calculation, carry out a strength and stability calculation, unless the scaffold is assembled to a generally recognised standard configuration. Depending on the complexity of the chosen scaffold, a person authorised for it draws up an assembly, dismantling, and alteration scheme. That scheme may be a general execution scheme supplemented with detail drawings for specific scaffolds. Secure the supports against slipping, either by fixing them to the bearing surface, or by an anti-slip device, or by another equally effective solution. The bearing surface of the supports has sufficient capacity. The stability of the scaffold is assured. A suitable provision prevents unwanted movement of mobile scaffolds during work at height. The dimensions, form, and position of the floors match the nature of the work and the loads to be carried, and allow safe traffic and safe work. The floors are assembled so that their parts cannot move in normal use, and there are no dangerous gaps between the parts of the floors and the vertical collective fall protection. Mark parts of a scaffold that are not ready for use with warning signs that meet chapter 8, division 2, which stays on the signs duty, and bound them properly with material elements that prevent access to the danger zone. Assemble, dismantle, or substantially alter scaffolds only under the direction of an authorised person and by workers who have had adequate specific training for the intended work, aimed at the specific risks, covering understanding the scheme, assembling, dismantling, or altering that scaffold safely, measures against people or objects falling, safety measures when the weather changes in a way that can undermine the safety of the scaffold, the permissible load, and every other risk the assembly, dismantling, or alteration can bring. The person directing the work and the workers concerned have the scheme, including any instructions that belong to it (article 7.23b). On a construction site, the additional inspection of the scaffold structure in article 7.34 stays on Arbobesluit art. 2.35. When using access and positioning techniques with lines, the system has at least two separately anchored lines: a work line for reaching or leaving the workplace, and a safety line that acts as a reserve. The workers have and use a suitable harness that meets chapter 8, division 1, which stays on the personal-protective-equipment duty, and that connects them to the safety line. The work line has a safe climbing and descent mechanism and a self-locking mechanism so the user cannot fall if they lose control of their movements. The safety line has a movable fall-arrest mechanism that follows the worker. Tools and other accessories the worker uses are connected to the harness or to the seat, or fastened in another suitable way. Plan the work properly and supervise it so that the worker can be helped at once where needed. The workers concerned receive adequate specific training for the intended work, in particular the rescue procedures. In exceptional circumstances where, given the inventory under Arbowet art. 5, using two lines would make the work more dangerous, a single line may be allowed where suitable measures safeguard safety (article 7.23c). A work basket is a basket from which work can be done, fitted all round with railings that prevent a person at height climbing or falling out of the basket. A work platform is a platform from which work can be done, fitted with railings except on one side, or whose railing on one side can be opened, so that a person at height cannot fall from the platform. Those sentences define the basket and the platform (article 7.23d, first paragraph). Article 7.18, fourth paragraph, which stays on the lifting duty, does not apply to work done by people from a work basket or a work platform coupled to a lifting appliance, where the work is at places that are hard to reach and no other more suitable equipment or work method is available to reach those places safely. Do not start that work until a written work plan states why no equipment designed to carry people is available for those hard-to-reach places, or why using it would be unsafe given the surroundings, why no other work method can reach those places safely given the surroundings, and how the work will be done safely at that location. Without prejudice to the asbestos notification in article 4.47c, which stays on the asbestos duty, notify the inspector at the latest two days before the work starts. The notification states at least a short description of the location, the number of people involved, and the date, the time, and the duration. A ministerial regulation may set the urgent cases in which that notification may be made at another time. The geldend Arboregeling (BWBR0008587) sets none. The works council, the staff representation, or, where there is neither, the workers concerned can see the notified particulars. Use only a basket or platform whose full load, together with the lifting gear that belongs to it, is not more than 25 percent of the maximum working load of the crane, unless a technical provision limits the working load to 50 percent or less of the maximum working load the crane can lift. The operating position of the lifting appliance is permanently manned. People on the basket or platform at height do not leave it, and people outside it do not enter it. A mobile crane to which a manned basket or platform is attached is not driven. A crane travelling on a crane track with a manned basket or platform is driven at no more than 2.5 km/h. The speed at which the load is moved vertically, the angular speed at which the jib is slewed, and the speed at which the radius is changed, are no higher than one quarter of the speed the crane is designed for. The wind speed, measured at the highest point of the lifting appliance, is no more than 13.8 m/s and no higher than the wind speeds allowed for that appliance in normal operation. The people concerned have an effective means of communication, and effective provisions are in place to evacuate them if there is danger (article 7.23d). Decide this in only if workers do temporary work at height.
In addition to article 3.2, which stays on the safe-workplace duty, access to a hold of a ship or to a deck is allowed only by a fixed stair or, where that is not possible, a fixed ladder, cleats, or footholds of suitable dimensions, sufficient strength, and proper construction, or another sound means of access. Those means of access are separated from the hatch openings where that is reasonably possible (article 7.24). Hatches placed or removed with lifting appliances have accessible and suitable fittings for attaching the lifting gear. Where hatches are not interchangeable, they are clearly marked to show which hatch opening and which place they belong to. Only an authorised person places or removes power-operated or hydraulically operated hatches and other power-operated or hydraulically driven ship's equipment, and only where that can be done safely. Close or otherwise secure hatch openings that have no effective hatch coaming as soon as loading and unloading end. Do not place or remove hatches while work is being done in the hold under the hatch opening. Remove hatches that are not adequately secured against shifting before loading and unloading start (article 7.25). Storing or transhipping, loading or unloading, stowing, or otherwise handling goods or materials on the quay, in sheds, or in the ship is done safely and in an orderly way, taking account of the nature of those goods or materials and their packaging. Do not lift or lower loads unless they are slung or otherwise attached to the lifting appliance in a safe way (article 7.26). For the safe rigging of derricks and the gear that belongs to them, rigging plans and all the data that relate to them are on board and are shown to the inspector on request. Binding or lifting means meant for a single use are not used again (article 7.27). During the loading and unloading of containers, sound means are present that safeguard the workers' safety when the container lashings are fitted or removed (article 7.28). By way of departure from article 7.20, sixth and seventh paragraphs, which stay on the lifting duty, lifting and hoisting appliances and lifting gear on board ships that are used for loading and unloading are tested effectively and examined for good condition before they are first used, and again after every important change or repair that can affect safety, and, depending on the actual load, regularly and in any case at least once every five years. They are examined for good condition regularly and in any case at least once a year, depending on the actual load. Lifting gear is checked regularly for good condition, depending on use. The Minister, or a certifying institution, carries out the tests and the examinations before first use, after an important change or repair, and the five-year examination. A competent natural person, legal person, or institution carries out the yearly examination and the checks. The certifying institution issues certificates of those tests and examinations to a model set by ministerial regulation. A register of the appliances and the gear is kept on board every ship, to a model set by ministerial regulation, and the certificates are entered in it. The register states the working load or loads of the appliances, the working load of the gear, and the times and results of the tests and examinations. The times and the result of the checks are entered where a check finds a defect. The register is shown to the inspector on request (article 7.29). Arboregeling art. 7.4 (BWBR0008587) sets those certificate models as the models in article 25, third paragraph, of the Occupational Safety and Health (Dock Work) Convention, 1979. Art. 7.5 sets the register model as the model in article 25, second paragraph, of that Convention. Article 7.4a, first to third paragraphs, does not apply to these appliances and this gear, and that examination stays on the work-equipment duty. Article 7.29 does not apply to fishing vessels under article 1 of the Schepenwet (article 7.37, third paragraph). Pieces or objects that weigh at least 1000 kilograms gross and are carried by ship are marked on the outside, clearly and durably, with their weight. Instead of the weight, the approximate weight may be marked as accurately as possible where the nature, composition, or size of the piece or object prevents determining the exact weight, or where the weight can change considerably because of the climate (article 7.30). Decide this in only if workers load or unload ships.
Personal protective equipment made available to a worker conforms to the provisions on design, construction, and use in the field of safety and health in Regulation (EU) 2016/425 and in Council Directive 89/656/EEC of 30 November 1989 (PbEU 1989, L 393). Article 8.1 cites that directive as Richtlijn (EU) 89/656. In every case the equipment is suitable for the dangers to be avoided without itself creating a greater danger, matches the conditions at the workplace, is fitted to the ergonomic requirements and the workers' health, and, after the necessary adjustments, suits the wearer. Where several dangers make it necessary to wear more than one item at the same time, the items are matched to each other and remain effective against the danger or dangers. The choice of the equipment, and how it is to be used, in particular how long it is worn, depend on the seriousness of the danger, how often the worker is exposed, the features of each worker's workplace, and how effective the equipment is. It is in principle meant for use by one person. Where the circumstances require use by more than one person, take effective measures so that use creates no health or hygiene problem for the different users. Adequate data on each item, needed to apply those rules, are available in the undertaking and are passed on where needed. The equipment is used only for the purposes intended, and according to the instructions for use (article 8.1). Before choosing an item, assess, in the inventory under Arbowet art. 5, the equipment intended to be made available, to see how far it meets the first, second, and third paragraphs of article 8.1. That assessment covers an inventory and evaluation of the dangers that cannot be avoided by other means, a description of the characteristics the equipment must have to meet those dangers, taking account of any sources of danger the equipment itself can create, and an inventory and evaluation of the characteristics of the available equipment compared with those required characteristics (article 8.2). Where a danger to the safety or health of a worker is present or can arise at the workplace, enough personal protective equipment is available for the workers who are or can be exposed to that danger, and those workers use it. Maintain, repair, and keep the equipment clean, and replace it where that is necessary for it to work properly (article 8.3). The harness for access and positioning with lines, in article 7.23c, meets this division and stays named on the work-at-height duty. Hearing protectors stay on the noise duty. Articles 8.5 to 8.13 and article 8.15 are repealed. Decide this in only if a risk remains that PPE must cover.
Where the dangers at the workplace or the dangers of an item of work equipment give reason, effective safety or health signs are present, so as to prevent or limit dangers to the safety and health of workers (article 8.4). A ministerial regulation sets the further rules. Arboregeling art. 8.1 (BWBR0008587) requires that signing to meet articles 8.2 to 8.29 of the regulation, and to be cleaned, maintained, checked, and repaired or replaced so that it keeps its qualities. Division 2 of this chapter does not apply to safety or health signs used in or on an aircraft, a sea ship, an inland ship, or a vehicle on a public road or a railway, insofar as another statutory rule requires that signing. Use the signing in article 8.4 in or on those means of transport, where there is reason, when they are on the premises of the undertaking (article 8.14). Articles 8.5 to 8.13 and article 8.15 of the decree are repealed. Article 8.13 of the decree, on re-examination, is not regulation art. 8.13. Signs already required on another duty stay named there and are not this requirement: escape routes and emergency exits under article 3.7, danger zones under article 3.15, the colour of artificial light under article 6.3, asbestos warning signs, scaffold parts that are not ready for use under article 7.23b, and the alarm signals and the start and stop signals of work equipment under articles 7.10 and 7.13. Decide this in only if a risk must be signed.