UK Offence Report

Contravention of The Control of Vibration at Work Regulations 2005

the instrument as a whole of The Control of Vibration at Work Regulations 2005

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

Contravening this instrument is an offence under section 33(1)(c) of the Health and Safety at Work etc. Act 1974. The instrument itself contains no offence-creating words.

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
a person
Conduct
breaching the provision
Fault element
Strict liability
Burden of proof
Not determined

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that a person meant to do it, knew about it, or was careless.

Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.

Classifier’s reasoning: contravention offences of this kind are strict as to the breach; the fault position is governed by the parent Act and was not read from it.

What would breach the instrument as a whole?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. Doing what the provision prohibits, or failing to do what it requires under the Control of Vibration at Work Regulations 2005.

Penalty

Mode of trial
Set by another provision — the instrument states the penalty by reference to an Act or to another regulation
Maximum fine
Not determined
Maximum prison (summary)
Not determined

The instrument does not state a penalty itself. It sets one by reference to section 33(1)(c) of the Health and Safety at Work etc. Act 1974.

the penalty is in the parent Act, not in this instrument.

No penalty was determined from this instrument. It may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence. Absence of a figure here is not evidence that the offence carries no penalty.

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
4 April 2005
In force from
6 July 2005
Extent
Not stated

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

(This note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations implement as respects Great Britain Council Directive 2002/44/EC (OJ No L 177, 6.7.2002, p.13) on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (vibration) (sixteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC). The Regulations impose duties on employers to protect employees who may be exposed to risk from exposure to vibration at work, and other persons who might be affected by the work, whether they are at work or not. The Regulations apply to both hand-arm and whole-body vibration. They make provision for— action values and limit values for daily exposure to vibration (regulation 4); risk assessment (regulation 5); elimination or, where elimination is not reasonably practicable, reduction of exposure to vibration to as low a level as is reasonably practicable (regulation 6(1)); a programme of measures to be taken at the action values to reduce exposure to vibration to as low a level as is reasonably practicable (regulation 6(2)); actions to be taken at the limit values and prohibition on exceeding the limit values (regulation 6(4)); weekly averaging of exposure to vibration in specified circumstances (regulation 6(5)); health surveillance (regulation 7); and information, instruction and training (regulation 8). There are transitional periods for the commencement of the operation of regulation 6(4) concerning limit values. In the case of work equipment first provided before 6th July 2007 commencement is postponed for all vibration until 6th July 2010 (regulation 3(2)), and for whole-body vibration in agriculture and forestry only until 6th July 2014 (regulation 3(3)). The Regulations give powers to the Health and Safety Executive to grant exemptions from regulation 6(4) on limit values in respect of the activities of emergency services (regulation 9) and in respect of whole-body vibration in the case of air transport (regulation 10), and to the Secretary of State for Defence in respect of activities carried out in the interests of national security (regulation 11). The Regulations amend— the Offshore Installations and Wells (Design and Construction etc.) Regulations 1996 (S.I. 1996/913) by removing paragraph 67 of Schedule 1, which concerns measures to prevent or control exposure to risk from vibration of plant; and the Provision and Use of Work Equipment Regulations 1998 (S.I. 1998/2306) by adding these Regulations to the list in regulation 12(5) of those Regulations of instruments whose application excludes the application of regulation 12(1) to (4) of those Regulations. Copies of British Standard BS EN ISO 5349-1:2001, relating to measurement and evaluation of human exposure to hand-transmitted mechanical vibration, referred to in Schedule 1, and International Standard ISO 2631-1:1997, relating to measurement and evaluation of human exposure to whole-body mechanical vibration and shock, referred to in Schedule 2, are obtainable from British Standards Institution, BSI House, 389 Chiswick High Road, London W4 4AL. A copy of the regulatory impact assessment in respect of these Regulations can be obtained from the Health and Safety Executive, Economic Advisers Unit, Rose Court, 2 Southwark Bridge, London SE1 9HS. A copy of the Transposition Note in relation to the implementation of Council Directive 2002/44/EC can be obtained from the Health and Safety Executive, International Branch at the same address. Copies of both these documents have been placed in the Libraries of each House of Parliament.

Read the full note and every offence in this instrument

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.70.

Basis
the penalty comes from the enabling Act rather than from this instrument
Confidence
0.70 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source