Employers Beware New Vibration Legislation

Employers and facilities managers responsible for forklift trucks need to act now to protect themselves against new breeds of occupational disease claims, warns Norwich Union Risk Services.

New regulations being introduced because of the EU Directive on Physical Agents (Vibration) will make it easier for employees to sue for damages.

The proposed regulations, which go out for consultation this month will require employers to identify where workers are at risk from whole body vibration (WBV) – a condition that can result in back pain and injury – and take active steps to reduce their exposure to a minimum level. Failure to comply can result in criminal prosecutions.

Teresa Budworth, training and consultancy manager at Norwich Union Risk Services, said: “Warehouse managers need to act now as fork lift truck drivers are at risk from vibration through the seat or feet. Drivers of some mobile machines, including certain fork lift trucks, may be exposed to WBV and shocks which are associated with back pain, especially when they drive a vehicle regularly for most of the day.

“Waiting until this directive becomes law may be too late as the cost of legal action could put smaller firms out of business. Employees who develop whole body vibration can find themselves permanently disabled. They can already sue their employer for negligence but the new regulations will simply make it easier for a civil action to be brought by spelling out exactly what is expected of the employer.

“Implementing job rotation, carrying out driver training and regularly maintaining vehicles are just some of the steps we’d advise warehouse managers to take to minimise vibration.”

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