Introduction to Health and Safety at Work

17.30.13 Penalties
The maximum penalty for contravening the prohibition on 
supply of non-compliant machinery and safety compon-
ents is imprisonment for up to three months or a fi ne of 
up to £5000 or both. The penalty for other contraventions 
of the Regulations is a fi ne up to the same amounts. It is 
for the Courts to decide the penalty in any given case, 
taking into account the severity of the offence.
The Regulations provide a defense of due diligence. 
They also provide for proceedings to be taken against a 
person other than the principal offender, if it is the other 
person’s fault, and against offi cers of a company or 
other body corporate.
17.30.14 References
Supplying new machinery advice to suppliers, INDG270, 
1998 HSE Books
ISBN 0-7176-1560-X
Buying new machinery A short guide to the law, INDG 
271, 1998 HSE Books
ISBN 0-7176-1559-6
17.31 
Control of Vibration at Work 
Regulations 2005
17.31.1 Introduction
These new regulations implement European Directive 
Vibration Directive 2002/44/EC. They came into force in 
July 2005 with some transitional arrangements for the 
exposure limits until 2010 (2014 for WBV the whole body 
vibration exposure limit value for agriculture and forestry 
sectors).
The regulations impose duties on employers to 
protect employees who may be exposed to risk from 
vibration at work, and other persons who may be affected 
by the work.
17.31.2 Interpretation – Regulation 2
‘Daily exposure’ means the quantity of mechanical vibra-
tion to which a worker is exposed during a working day, 
normalized to an 8-hour reference period, which takes 
account of the magnitude and duration of the vibration.
‘hand-arm vibration’ (HAV) means mechanical 
vibration which is transmitted into the hands and arms 
during a work activity.
‘whole-body vibration’ (WBV) means mechanical 
vibration which is transmitted into the body when seated 
or standing through the supporting surfaces, during a 
work activity or as described in Regulation 5 (3) (f ).