but in using such equipment the employer shall take into account the latest technical advances and the organisational measures taken in accordance with regulation 6(2).

    (3) For the agriculture and forestry sectors, regulation 6(4) shall not apply to whole-body vibration until 6th July 2014 in respect of work equipment which-

(a) was first provided to employees prior to 6th July 2007 by any employer; and

(b) does not permit compliance with the exposure limit value for whole-body vibration,

but in using such equipment the employer shall take into account the latest technical advances and the organisational measures taken in accordance with regulation 6(2).

    (4) Where a duty is placed by these Regulations on an employer in respect of his employees, he shall, so far as is reasonably practicable, be under a like duty in respect of any other person, whether at work or not, who may be affected by the work carried out by the employer except that the duties of the employer - 

(a) under regulation 7 (health surveillance) shall not extend to persons who are not his employees; and

(b) under regulation 8 (information, instruction and training) shall not extend to persons who are not his employees, unless those persons are on the premises where the work is being carried out.

and daily exposure shall be ascertained on the basis set out in Schedule 1 Part I.

    (2) For whole body vibration - 

(a) the daily exposure limit value is 1.15 m/s² A(8);

(b) the daily exposure action value is 0.5 m/s² A(8),

and the employer shall assess whether any employees are likely to be exposed to vibration at or above an exposure action value or above an exposure limit value.

    (3) The risk assessment shall include consideration of-

(a) the magnitude, type and duration of exposure, including any exposure to intermittent vibration or repeated shocks;

(b) the effects of exposure to vibration on employees whose health is at particular risk from such exposure;

(c) any effects of vibration on the workplace and work equipment, including the proper handling of controls, the reading of indicators, the stability of structures and the security of joints;

(d) any information provided by the manufacturers of work equipment;

(e) the availability of replacement equipment designed to reduce exposure to vibration;

(f) any extension of exposure at the workplace to whole-body vibration beyond normal working hours, including exposure in rest facilities supervised by the employer;

(g) specific working conditions such as low temperatures; and

(h) appropriate information obtained from health surveillance including, where possible, published information.

    (4) The risk assessment shall be reviewed regularly, and forthwith if-

(a) there is reason to suspect that the risk assessment is no longer valid; or

(b) there has been a significant change in the work to which the assessment relates,

and where, as a result of the review, changes to the risk assessment are required, those changes shall be made.

    (5) The employer shall record-

(a) the significant findings of the risk assessment as soon as is practicable after the risk assessment is made or changed; and

(b) the measures which he has taken and which he intends to take to meet the requirements of regulations 6 and 8.

the employer shall ensure that such employees are placed under suitable health surveillance, where such surveillance is appropriate within the meaning of paragraph (2).

    (2) Health surveillance, which shall be intended to prevent or diagnose any health effect linked with exposure to vibration, shall be appropriate where the exposure of the employee to vibration is such that-

(a) a link can be established between that exposure and an identifiable disease or adverse health effect;

(b) it is probable that the disease or effect may occur under the particular conditions of his work; and

(c) there are valid techniques for detecting the disease or effect.

    (3) The employer shall ensure that a health record in respect of each of his employees who undergoes health surveillance in accordance with paragraph (1) is made and maintained and that the record or a copy thereof is kept available in a suitable form.

    (4) The employer shall-

(a) on reasonable notice being given, allow an employee access to his personal health record; and

(b) provide the enforcing authority with copies of such health records as it may require.

    (5) Where, as a result of health surveillance, an employee is found to have an identifiable disease or adverse health effect which is considered by a doctor or other occupational health professional to be the result of exposure to vibration the employer of that employee shall-

(a) ensure that a suitably qualified person informs the employee accordingly and provides the employee with information and advice regarding further health surveillance, including any health surveillance which he should undergo following the end of the exposure;

(b) ensure that he is himself informed of any significant findings from the employee's health surveillance, taking into account any medical confidentiality;

(c) review the risk assessment;

(d) review any measure taken to comply with regulation 6, taking into account any advice given by a doctor or occupational health professional or by the enforcing authority;

(e) consider assigning the employee to alternative work where there is no risk from further exposure to vibration, taking into account any advice given by a doctor or occupational health professional; and

(f) provide for a review of the health of any other employee who has been similarly exposed, including a medical examination where such an examination is recommended by a doctor or occupational health professional or by the enforcing authority.

the employer shall provide those employees and their representatives with suitable and sufficient information, instruction and training.

    (2) Without prejudice to the generality of paragraph (1), the information, instruction and training provided under that paragraph shall include-

(a) the organisational and technical measures taken in order to comply with the requirements of regulation 6;

(b) the exposure limit values and action values set out in regulation 4;

(c) the significant findings of the risk assessment, including any measurements taken, with an explanation of those findings;

(d) why and how to detect and report signs of injury;

(e) entitlement to appropriate health surveillance under regulation 7 and its purposes;

(f) safe working practices to minimise exposure to vibration; and

(g) the collective results of any health surveillance undertaken in accordance with regulation 7 in a form calculated to prevent those results from being identified as relating to a particular person.