Decree of the Ministry of Health of the Czech Socialist Republic No. 13 / 1977 Coll.
Decree of the Ministry of Health of the Czech Socialist Republic on the protection of health against adverse effects of noise and vibration
Valid
Effective from 01.07.1977
13
DECLARATION
Ministry of Health of the Czech Socialist Republic
of 31 January 1977
on the protection of health from adverse effects of noise and vibration
The Ministry of Health of the Czech Socialist Republic provides according to § 70 paragraph 1 in relation to § 71 paragraph 2 of Act No. 20 / 1966 Coll., on the care of the health of the people:
Basic provisions
Scope of protection
(1) This decree regulates the protection against the adverse effects of noise and mechanical vibration ("vibrations'), which threaten people's health or reduce their physical and mental abilities.
(2) This Decree does not apply to products designated for conformity assessment under the Specific Law (1) and the Government Regulation (2) before being placed on the market.
General obligations of organisations, citizens and institutions
(1) State, cooperative, social and other organisations (hereinafter referred to as "organisations") as well as citizens are obliged to take the necessary measures to reduce noise and vibration, and to ensure that workers and other citizens are subject to the lowest possible exposure to noise and vibration; In particular, they must ensure that the maximum permissible noise and vibration levels laid down in this Decree and in the Annex, which forms an integral part thereof, are not exceeded (3), as well as in specific legislations.4)
(2) The competent authorities and organisations are required to constantly lead the subordinate organisations to implement noise and vibration measures, to check how they comply with their obligations in this section and to assume the consequences of non-compliance with those obligations.
(3) The central government bodies, senior bodies of cooperatives and social organisations, national committees, directorates-general and other central management bodies shall, in cooperation with the organisations they manage, draw up timetables for the planned reduction of noise and vibration and ensure that they are implemented. They also focus on scientific and technological research on noise and vibration reduction and on the prompt transfer of research results to production and other plants.
Obligations of production, supply and import organisations
(1) Organisations which design, design and manufacture machinery, tools, means of transport, machinery and other equipment which is a source of noise or vibration (hereinafter referred to as "equipment") are required to design and determine design conditions, including material and necessary technical modifications of equipment according to the state of science and technology, so that noise and vibration are reduced in accordance with health protection needs.
(2) If compliance with the conditions laid down in this Decree requires additional equipment limiting noise and vibration (e.g. noise absorbers, flexible storage devices, device covers and operating cabins), the organisation shall supply them or supply them.
(3) If it is temporarily not possible for the equipment, including, where appropriate, additional equipment, to meet the conditions laid down in this Decree or if it is economically economically more economically advantageous to deal with the protection by other technical means, the organisation shall supply at least those facilities for which these conditions may be met if further measures are taken by them. In such cases, organisations are required to communicate such additional measures to customers, in particular to provide them with instructions for correct installation, installation and use, including building and spatial requirements, processed also in terms of noise and vibration protection.
(4) The technical documentation of equipment which is a source of noise and vibrations close to the maximum permissible values must contain such data as to enable measures to be taken to prevent harmful effects if necessary; This also applies to equipment used in conditions where the noise or vibration of such equipment may cause the maximum permissible noise and vibration levels to be exceeded. Organisations producing or supplying equipment shall be responsible for compliance with the noise and vibration values specified in the technical documentation when implementing these measures.
(5) An organisation which requires the importation of equipment must include the necessary import requirements in the draft economic contract and, where appropriate, take other measures to comply with the conditions laid down in this decree. The Foreign Trade Organisation is obliged to apply those requirements to the Foreign Organisation and to import only those devices which correspond to them.
Obligations of project and construction organisations
(1) Organisations proposing urban, construction or technical solutions for buildings and organisations implementing such structures are required to require from the organisations producing, supplying or requesting their import, and to use the measures provided for in Article 3 in their activities; technical and organisational solutions are required to be applied in a manner that guarantees compliance with the provisions of this Decree.
(2) The design documentation of buildings likely to cause adverse effects of noise and vibrations on workers, residents or other users of buildings must include evidence or calculations demonstrating sufficient reduction of noise and vibration from their own construction or its surroundings (e.g. results of experimental verification of new construction and technological solutions). Before such buildings are put into permanent operation (use), an investor must demonstrate, in cases designated by the health service authorities, on the basis of sound measurements and tests that the provisions of this decree are not infringed.
Implementation of noise protection
Noise measures
(1) The protection of noise health is carried out:
(a) measures to reduce the noise of equipment (noise emission reduction);
(b) measures to protect against noise effects at the places of residence of persons (reduction of noise imitations).
(2) The noise of equipment and noise at the places of residence of persons is expressed by the quantities and units listed in the Annex to this Decree and by the data specified in the specific regulations (§ 18).
Noise emission limitation
(1) Organisations producing installations are obliged to:
(a) monitor the noise characteristics of installations where the sound power level A radiated to the surroundings exceeds 100 dB (P, A) or whose noise level A at the operating site exceeds 80 dB (A), and the noise characteristics of equipment with lower values, if these lower values are set as target values in technical standards, and keep records thereof,
(b) examine the noise data of similar products produced in the Czechoslovak Socialist Republic and abroad, compare them with their own products and determine, in accordance with the provisions of this Decree, the target noise limits and the deadlines for achieving them, unless the target noise values of those products are set in technical standards;
(c) require, if the equipment exceeds the noise values referred to in (a) by more than 10 dB (A), its assessment of the professional department or department designated by the workplace or the relevant national service, if the equipment is subject to the performance of the state testing, and ensure that the measures are taken by them;
(d) request a binding assessment by the main hygienist of the Czech Republic if the equipment to be newly manufactured and operated in the presence of persons would cause the maximum permissible values of noise imitations to be exceeded under this Decree; If the equipment referred to in point (c) is concerned, the application shall be accompanied by a written expert assessment,
(e) indicate in the technical information, technical conditions or standards data on the noise of the equipment (sound power level A or noise level A) and the environments for which the equipment is intended and communicate this information to customers upon request.
(2) The provisions of paragraph 1 (b) to (e) apply mutatis mutandis to organisations which require the importation of equipment.
(1) The maximum permissible noise levels for each type of installation are established by state, industry and business technical standards. 5) Where appropriate, these standards shall also specify the maximum permissible noise emission value to be achieved within a certain period of time.
(2) The maximum permissible noise value of equipment operating at the places of residence of persons shall be determined according to the values of noise imitations laid down in this Decree. If it is not technically technically possible for such an installation to meet the conditions laid down in this Decree, a provisional maximum value shall be set in the technical standard for a certain period (usually 2 to 5 years) with the agreement of the head hygienist of the ČSR.
(3) The maximum permissible noise levels for vehicles intended for use on the road and aircraft are set out in the Specific Regulations (6) and in the Annex to this Regulation (Section V).
Limitation of noise imitations
In order to protect against adverse effects of noise at the places of residence of persons, technical, organisational and other measures must be taken to limit the noise to the minimum possible at those places, in particular to avoid exceeding the maximum permissible noise values set for individual places of residence of persons (Sections II to V of the Annex to this Decree). In doing so, care must be taken to ensure that persons are exposed to noise for the shortest time possible, or that their stay in a noisy environment is interrupted.
(1) Organisations and citizens are required to ensure that, when operating and using equipment, the generation and spread of noise which can be avoided is avoided, in particular they must follow instructions and other instructions for the operation, operation and maintenance of equipment. This also applies to other activities where noise can occur.
(2) The noise of the expression of persons must be limited to the appropriate place of residence and conditions at all places of residence. This applies in particular to the night time (from 22 to 6 hours) and to premises requiring exceptional noise protection (e.g. spa areas and their surroundings, recreational areas and surrounding schools, hospitals and other facilities of institutional care). For areas requiring exceptional noise protection, national committees may take measures to ensure that silence is created or maintained as part of the care of healthy living conditions.
(3) Musical instruments, radio and television apparatus and other sound reproducing apparatus may only be used in such a way that non-participants are not disturbed.
(4) In public vehicles, the use of sound reproducing devices is permitted only if the noise level within the vehicle does not exceed the maximum permissible noise values (Section V of the Annex to this Decree) and if the installation allows them to be switched off if passengers do not wish to be disturbed by the sound being reproduced; this restriction shall not apply to the provision of transport and particularly important and urgent information.
(1) In ensuring the protection of external noise in land-based buildings, zoning measures, in particular urban planning, must preferably apply to measures to protect individual buildings. This applies in particular to residential areas of residential units, to the location of housing buildings, civil engineering buildings, noise production buildings, infrastructure and buildings for motorism, airports, including in terms of their further development. If the project organisation intends to apply only measures to protect individual buildings, it is also obliged to demonstrate that the possibilities of urban solutions have been exhausted or that their application is less socially desirable.
(2) When planning the urban area, particular care must be taken to ensure that buildings for housing and civil facilities, in particular those for medical, educational, scientific and other social facilities, are protected from noise. Territorial planning documentation and planning documentation shall be assessed from the point of view of noise and, where noise can be expected to approach the maximum permissible values, shall be supplemented by a noise study and a proposal for measures to protect against noise.
(3) Organisations shall ensure the design and design preparation, construction and operation of plants, equipment and other objects from which noise is spread, in particular industrial plants, airports and infrastructure, so as not to exceed the noise levels according to which urban solutions and land use have been decided, or where appropriate measures have been established to protect buildings or outdoor space from noise.
Replacement measures
(1) If, in view of the current state of science and technology, it cannot be temporarily ensured at the workplace that the maximum permissible noise values laid down for jobs (Section II of the Annex to this Decree) will not be exceeded or resulting from a specific assessment of noise damage (Section 14), the organisation must provide personal protective equipment for hearing protection. Workers are obliged to use these resources at the workplace. 7) Personal protective equipment shall provide a greater noise attenuation than the difference between the actual and maximum permissible noise values.
(2) For workers who are required to wear noise protection equipment continuously throughout their shift, the necessary breaks in a non-noisy environment (without protective equipment) must be established for health reasons; their number per shift and duration shall be determined by the competent authority of the sanitary services, taking into account in particular the microclimatic conditions and noise values at the workplace. If these breaks cannot be ensured by interruption of noisy operation, the noise-protected rest areas must be adapted to rest close to the workplace, where noise values are at least 10 dB lower than the maximum permissible noise values for jobs.
(3) If it is not possible to ensure that the maximum permissible noise levels are not exceeded in public long-distance vehicles and self-driving machinery, given the current state of science and technology, the operator must provide hygienically sound and effective hearing protection aids; passengers of loud means of long-distance transport (e.g. noisy aircraft) must be explicitly recommended by the operator.
(4) Sanitary services may impose additional alternative measures on organisations to mitigate harmful effects. 8)
Prohibitions on operation, activity and entry
(1) If the replacement measures provided for in Article 11 are not possible or sufficiently effective, equipment which causes the maximum permissible noise levels to be exceeded may not be used, or continue to work or other activities where the maximum permissible values are exceeded.
(2) In an environment where maximum noise levels exceed 115 dB (A), the residence of persons is permitted only under conditions specified by the health service authorities; These conditions shall in particular specify the time of residence of persons or the duration of noise.
(3) In an environment where maximum noise levels, as measured by dynamic characteristics I (impulse), exceed 140 dB (A), entry is not permitted, even when using personal protective equipment.
Preventive medical examinations
(1) Only workers who are qualified to do so according to the results of preventive medical examinations may be employed at workplaces where the maximum permissible noise levels are exceeded and which are therefore identified as risk. 9) This also applies to workplaces which are identified as being at risk according to the outcome of the biological assessment of noise damage (§ 14).
(2) Organisations are obliged to create factual and organisational conditions for carrying out preventive medical examinations of persons working in a noisy environment. Organisations whose personnel are temporarily working under the conditions referred to in paragraph 1 shall equip racing medical devices for noise investigation, e.g. for audit examinations of workers.
Biological evaluation of noise damage
For the classification of workplaces according to the severity of the harmful effects of noise and for their identification as risk, for the determination of the time limits for periodic inspections, for the determination of further measures (Section 11 (4)) and for checking the effectiveness of noise control measures where the accuracy of the measuring methods used is not sufficient, the sanitary services shall carry out a biological assessment of noise damage (pathophysiological correction of noise damage) in cooperation with medical devices. 10)
Implementation of vibration protection
Anti-vibration measures
(1) Organisations are required to take measures to ensure that there is no adverse effect of vibration on humans from equipment and structures where operation and use result in vibration, in particular vibrations of frequencies in which the body or parts of the body recover. 11) This shall be taken into account in particular when selecting the basic frequency of the equipment.
(2) If the transmission of vibration to humans cannot be prevented, the organisation shall take measures to ensure that vibrations do not exceed the maximum permitted vibration values set out in the Annex to this Decree.
(3) In the construction and manufacture of equipment, in particular means of transport, and in their operation, the risk of kinetosis (diseases of movement) caused by intense vibration of 0,1 to 1 Hz frequency should be reduced. Equipment, in particular means of transport, shall not have a higher vibration value than those specified in Section VIII of the Annex to this Decree.
(4) In residential buildings, in institutional care facilities, in civil amenities and in their immediate vicinity, basic frequency devices from 4 to 8 Hz must not be installed.
Protection against cold and moisture
(1) Workers exposed to vibration at work must also be protected against cold and moisture. When working on premises where the conditions of thermal well-being required by the relevant hygiene regulations cannot be ensured, 12) they must be equipped with warm working clothes and shoes and they must be provided with heaters, including drying plants. In the case of works where vibration is transmitted on the hand and where the hands could be cooled or moisture-treated at the same time, workers must be equipped with gloves that protect them from moisture and cold, and, where the health service authorities so determine, gloves that also restrict vibration transmission.
(2) Mobile machinery which is used in the open air during a cold period and in which the service is constant shall be equipped with a heated cab. Machines and tools driven by compressed air shall have an exhaust of cold expanded air directed in such a way that the air is not directed at the operator's personnel, in particular to avoid causing local cooling by their hands.
(3) Workers who have been exposed to vibration at work and who have worked in a humid and cold state must be able to warm up the whole body after work.
Refunds and preventive medical examinations
Paragraphs 11, 12 (1) and 13 apply mutatis mutandis to replacement measures and preventive medical examinations for workers exposed to adverse vibration effects.
Common, transitional and final provisions
Method of measurement and evaluation
The method of measurement and assessment of noise and vibration shall be laid down in specific regulations. 13)
Authorisation of exemptions
(1) In view of the current state of science and technology, the head hygienist of the ČSR may allow a time-limited derogation from the provisions of this Decree for equipment manufactured or imported in series. A regional hygienist may allow such an exemption in the context of the examination of measures likely to affect living conditions (14) for individual establishments or places of residence of persons.
(2) In addition to the technical justification, technical, organisational or other measures to mitigate harmful effects shall be proposed in the request for exemption.
(3) Operators shall ensure that the conditions laid down are complied with when using equipment for which a derogation has been granted.
Penalties for infringement
The penalties of organisations and citizens who fail to comply with the obligations laid down in this Decree or do not implement the measures imposed under it shall be governed by specific provisions. 15)
Transitional provision
Equipment and structures supplied and put into service or other use before the entry into force of this Decree, if they do not comply with the conditions laid down therein, shall be adjusted gradually, depending on the severity of their adverse effects, in the dates specified in the schedules drawn up in accordance with Paragraph 2 (3) and discussed with the health service authorities. 16) Similarly, the installations and buildings to which they were concluded before the entry into force of this Decree of the Economic Treaty and the approved preliminary projects shall be treated in the same way.
Repeal
_
1. Directive No. 32 / 1967 Coll. Hyg. prep., on the protection of health against the adverse effects of noise, registered in the amount of 22 / 1967 Coll.,
2. Directive No. 33 / 1967 Coll. Hyg. prep., on the protection of health against the adverse effects of mechanical vibration (vibration), registered in the amount of 32 / 1967 Coll.
Efficacy
This Decree shall take effect on 1 July 1977.
Minister:
Prof. MUDr. Prohlo, CSc.
1) Act No. 22 / 1997 Coll., on technical requirements for products and amending and supplementing certain laws, as amended by Act No. 71 / 2000 Coll.
2) Government Decree No. 170 / 1997 Coll., laying down technical requirements for machinery, as amended by Government Decree No. 15 / 1999 Coll.
3) The Annex is published in the Collection of Hygiene Regulations under No. 41 / 1977 (Volume 37) and can be purchased in the shop n. Book in Prague 2 - Nové Město, Lipová 6. The collection can be viewed by regional and district health care professionals.
4) Technical standards, in particular CSN 28 1304 Measurement and evaluation of noise of urban rolling stock, CSN 11 3003 Pumps. Centrifugal and related pumps, CSN 35 0092 The permissible noise of electric rotating machines; Decree No. 90 / 1975 Coll., on the conditions for the operation of vehicles on the road; Measure FMD of 5 January 1972, No 6004 / 72- 20, issuing the Aircraft Noise Code (L 16) - reg.
5) Act No. 96 / 1964 Coll., on Technical Standardisation; Decree No. 97 / 1964 Coll., implementing the Technical Standardisation Act.
6) Decree No. 90 / 1975 Coll., on the conditions of use of vehicles on the road (§ 41); Measure FMD of 5 January 1972, No 6004 / 72- 20, issuing the Aircraft Noise Code (L 16) - reg.
7) Labour law [§ 135 (2) (b)].
8) Decree No. 46 / 1966 Coll., on the Creation and Protection of Healthy Living Conditions (Sections 36 and 43).
9) Health Ministry Directive 49 / 1967. MZ, on medical fitness assessment for work, as amended by Directive No 17 / 1970 / EC. MZ ČSR.
10) The procedure for the biological evaluation of noise damage, consisting in particular of the detection of loss of hearing sharpness, is determined by the main hygienist of the Czech Republic and is announced in the Bulletin of the Czech Republic.
11) These are in particular frequencies in the area 4 to 8 Hz for total vertical vibrations and frequencies less than 2 Hz for total horizontal vibrations.
12) Directive No 46 / 1977 Coll.
13) Guidelines establishing the method of measuring and evaluating noise in the working environment, housing structures, civil engineering and outdoor and air traffic (Volume No 37 / 1977, Coll. Hyg. prep.).
14) Act No. 20 / 1966 Coll., on the care of the health of the people (§ 4).
15) Organisations and their workers will be affected by the Act of the Czech National Council No. 36 / 1975 Coll., on fines for infringements of legislation on the creation and protection of healthy living conditions, or according to the Labour Code (full version No. 55 / 1975 Coll.). Workers of organisations, unless for the same reason they have been fined under the Act of ČNR No. 36 / 1975 Coll., and citizens will be penalised, if not for a crime or offence, under Act No. 60 / 1961 Coll., on the tasks of national committees in ensuring socialist order (§ 12 (2), § 19 and § 25).
16) Act No. 20 / 1966 Coll. (§ 4 (4)).
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Regulation Information
| Citation | Decree of the Ministry of Health of the Czech Socialist Republic No. 13 / 1977 Coll., on the protection of health against adverse effects of noise and vibration |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.03.1977 |
|---|---|
| Effective from | 01.07.1977 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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