The law on prevention of occupational risks in agricultural machinery

Law 31/1995 of November 8, prevention of occupational risks aims to promote the safety and health of workers through the implementation of measures and the development of activities for the prevention of risks arising from the work. This law, which entered into force on 10 February 1996, is implementing in the field of labour relations and the relations of statutory or administrative nature of civilian personnel in the service of public administrations in relation to its staff. These will have to, among others, the measures necessary so that the machinery and equipment used by employees are safe.

The law also makes a reference to the obligation of manufacturers, importers and suppliers of machinery and other products to ensure that they are not a source of danger to workers and to provide information to indicate the right way to use.

It is the law on prevention of occupational risks of a general rule, not too specific, and leaves the details to rules of inferior rank. Since its release have been shifting new standards which have been determining and specifying more different specific aspects that have to meet employers who are bound by the law on prevention of occupational risks.

Bonet said in his lecture, the rules that have more impact with the agricultural machinery used by workers in agricultural enterprises are RD 1215 / 1997 of 18 July, by which established minimum requirements for safety and health for the use for the workers of work equipment; the 1311 RD / 2005, November 4, on the protection of the health and safety of workers against risks arising or which may arise from exposure to mechanical vibration, and the RD 286/2006 of 10 Marchon the protection of the health and safety of workers from the risks related to exposure to noise.

RD 286/2006 noise is intended to protect the worker from all sources of noise, so if they come from agricultural machines as from other sources (for example, the noise of a farm of pigs). This standard requires the employer to take some preventive measures if they exceed levels of daily exposure of noise of 80 dB (A), which will integrate the noise to which workers (exposure to the noise of a tractor, a chainsaw) is exposed(, a farm...), or a few levels peak higher than the 135 dB (C).

The actions vary depending on the levels of noise and may include the following:

-Regular assessment of the noise to which workers are exposed (every year or three, according to the values of exposure)

-Training and information to workers about these risks and how to prevent them.

-Selection, delivery and use compulsory, according to the exposure of hearing protectors.

-Signs of the risk.

-Programmes of technical and organisational measures to combat the risks to the safety and health arising from exposure to noise.

-Regular monitoring of the health.

-Cannot be overcome never 87 DB(a) or 140 dB (C) (peaks).

The 1311 RD / 2005 vibration limit values that should not be exceeded. They differ between vibration of the entire body (which are those that affect the tractor) and the system mano-brazo-borne vibrations (own chainsaws and other similar equipment). As the legislature is aware of the difficulty in the application of this rule in the agricultural sector, the deadline for the entry into force of the Royal Decree has been lengthened until June 6, 2011. Meanwhile, explained Bonet, "will be necessary to upgrade the equipment or machines so they transmitted less vibration to its users".

RD 1215/97 teams work, existing since 2002, applies directly to all the machines, tools, and facilities used by employees, and by extension, agricultural machines. It is the standard that emanates from the law on prevention of occupational risks more important in relation to the agricultural machines. This Royal Decree, Bonet highlighted several points directly related to agricultural machines.

RD 1215/97 requires the employer to take the necessary measures to ensure the safety and health of workers, forcing protect, reform or improve some aspects of machines in many cases. In addition, as set out in this standard is the least that has to meet. Therefore, if there is a more demanding standard must comply. Another aspect highlighted the technician of security in the work of the Centre of road i Salut Laboral of Lleida, Department of Treball is that the Royal Decree makes no distinction between new and old machines. All that says is that the application of these provisions will not necessarily require the same measures as those applied to new work equipment. An example of this are rollover protection structures.

Another point highlighted by Bonet is that all the machines that can lead to risks of accident by mechanical contact must be provided with guards or protective devices to prevent access to danger zones. It also occurs with computers with risk of projection of objects.

This Act of teams required that the tractor is equipped with resilient structures to protect the workers in the event of rollover. This obligation extends to other equipment which can dump. Also, the Royal Decree also requires that equipment with the risk of crushing of workers between the team and the soil carried a system of retention of the operators, provide the vehicle for protection against falling objectsIf there is this risk.

RD 1215/97 lays down that the computers are equipped with stop devices to ensure the safety of the worker. This leads to agricultural equipment (tractor more towed machine) have effective service and parking brakes. On the other hand, the machines with fire risk should incorporate devices suitable for fighting fires. Also, the driving of motor equipment will be reserved to workers with special training.

Bonet also stressed that work equipment must provide the appropriate means to ensure that access and permanence in them does not involve a risk. This leads to incorporate stairs of access and handrails or collective protection if there is risk of falling from height of a platform of the machine. In the case of equipment with high risk of bursting or rupture of elements be taken appropriate protective measures (use of valves of safety reviews and maintenance and periodic checks). They will also have to protect parts of accessible equipment that achieve high temperatures.

According to RD 1215/97, mobile teams are must adapt so that reduce the risks during their displacement, including workers contact with the wheels. Moreover, they are equipped with the necessary means to prevent his ongoing unauthorized release and auxiliary devices to improve its visibility when the direct field of the driver is inadequate. If necessary, they must have devices of lighting.

Another notable point is that work equipment which by their mobility or burdens that move may pose a risk, will have to be equipped with acoustic signalling of warning.

Finally, Josep Bonet explained in his speech that machines for lifting of people should avoid the risks of falling from the carrier where the workers are, the risks of collapse of own operatives outside the cabin, and the risk of crushing, immobilization or clash of the user, especially those caused by incidental contact with objects.