1983L0477 — EN — 15.04.2003 — 003.001 — 1
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►B COUNCILDIRECTIVE
of19September1983
onthe protection ofworkers from the risksrelated toexposure toasbestosatwork(secondindi-
vidualDirective withinthemeaningofArticle 8ofDirective 80/1107/EEC)
(83/477/EEC)
(OJ L 263, 24.9.1983, p. 25)
Amended by:
Official Journal
No page date
►M1Council Directive 91/382/EEC of 25 June 1991 L 206 16 29.7.1991
►M2Council Directive 98/24/EC of 7 April 1998 L 131 11 5.5.1998
►M3Directive 2003/18/EC of the European Parliament and of the Council of
27 March 2003L 97 48 15.4.2003
Corrected by:
►C1Corrigendum, OJ L 327, 24.11.1983, p. 40 (83/477/EEC)
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COUNCILDIRECTIVE
of19September1983
on the protection of workers from the risks related to exposure to
asbestosatwork(secondindividualDirectivewithinthemeaningof
Article 8ofDirective 80/1107/EEC)
(83/477/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Article 100 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social
Committee (3),
Whereas the Council resolution of 29 June 1978 on an action
programme of the European Communities on safety and health at
work(4) provides for the establishment of specific harmonized proce-
dures regarding the protection of workers with respect to asbestos;
Whereas Council Directive 80/1107/EEC of 27 November 1980 on the
protectionof workers from the risks related to exposure to chemical,physical and biological agents at work(
5) laid downcertainprovision s
which have to be taken into account for this protection; whereas thatDirective provides for the laying down in individual Directives of limitvalues and specific requirements for those agents listed in Annex I,
which include asbestos;
Whereas asbestos is a harmful agent found in a large number of
circumstances at work; whereas many workers are therefore exposed
to a potential health risk; whereas crocidolite is considered to be aparticularly dangerous type of asbestos;
Whereas, although current scientific knowledge is not such that a level
canbe established below which risks to health cease to exist, a reduc-tion in exposure to asbestos will nonetheless reduce the risk ofdeveloping asbestos-related disease; whereas this Directive includesminimum requirements which will be reviewed on the basis of experi-
ence acquired and of developments in technology in this area;
Whereas optical microscopy, although it does not allow a counting of
the smallest fibres detrimental to health, is the most currently used
method for the regular measuring of asbestos;
Whereas, therefore, preventive measures for the protection of the health
of workers exposed to asbestos and the commitment envisaged for
Member States with regard to the surveillance of their health areimportant,
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. This Directive ►M2 ◄has as its aim the protec-
tion of workers against risks to their health, including the prevention ofsuch risks, arising or likely to arise from exposure to asbestos at work.It lays down limit values and other specific requirements.1983L0477 — EN — 15.04.2003 — 003.001 — 2
(1) OJ No C 262, 9. 10. 1980, p. 7 and OJ No C 301, 18. 11. 1982, p. 6.
(2) OJ No C 310, 30. 11. 1981, p. 43.
(3) OJ No C 125, 17. 5. 1982, p. 155.
(4) OJ No C 165, 11. 7. 1978, p. 1.
(5) OJ No L 327, 3. 12. 1980, p. 8.
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3. This Directive shall not prejudice the right of Member States to
apply or introduce laws, regulations or administrative provisionsensuring greater protection for workers, in particular as regards thereplacement of asbestos by less-dangerous substitutes.
Article 2
For the purposes of this Directive, ‘asbestos’ means the following
fibrous silicates:
— Asbestos actinolite, CAS No 77536-66-4 (*),
— Asbestos gruenerite (amosite) CAS No 12172-73-5 (*),
— Asbestos anthophyllite, CAS No 77536-67-5 (*),
— Chrysotile, CAS No 12001-29-5 (*),
— Crocidolite, CAS No 12001-28-4 (*),
— Asbestos tremolite, CAS No 77536-68-6 (*).
Article 3
1. This Directive shall apply to activities inwhich workers are or
may be exposed inthe course of their work to dust arisin g fromasbestos or materials containing asbestos.
2. In the case of any activity likely to involve a risk of exposure to
dust arising from asbestos or materials containing asbestos, this risk
must be assessed in such a way as to determine the nature and degree
of the workers' exposure to dust arising from asbestos or materialscontaining asbestos.
3. Provided that worker exposure is sporadic and of low intensity,
and when it is clear from the results of the risk assessment referred to
inparagraph 2 that the exposure limit for asbestos will n ot be exceededin the air of the working area, Articles 4, 15 and 16 may be waivedwhere work involves:
(a) short, non-continuous maintenance activities in which only non-
friable materials are handled,
(b) removal without deterioration of non-degraded materials in which
the asbestos fibres are firmly linked in a matrix,
(c) encapsulation or sealing of asbestos-containing materials which are
in good condition,
(d) air monitoring and control, and the collection of samples to ascer-
tain whether a specific material contains asbestos.
3bis. Member States shall, following consultation with social part-
ners in accordance with national law and practice, lay down practicalguidelines for the determination of sporadic and low-intensity expo-sure, as provided for inparagraph 3.
4. The assessment provided for in paragraph 2 shall be the subject
of consultation with the workers and/or their representatives withinthe undertaking or establishment and shall be revised where there isreason to believe that it is incorrect or there is a material change inthe work.1983L0477 — EN — 15.04.2003 — 003.001 — 3
(*) Number inthe register of the Chemical Abstract Service (CAS).▼B
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Article 4
Subject to Article 3 (3), the following measures shall be taken:1. The activities referred to inArticle 3 (1) must be covered by a n oti-
fication system administered by the responsible authority of theMember State.
2. The notification shall be submitted by the employer to the respon-
sible authority of the Member States, before the work commences,in accordance with national laws, regulations and administrativeprovisions.
The notification must include at least a brief description of:
(a) the locationof the work site,
(b) the type and quantities of asbestos used or handled,
(c) the activities and processes involved,
(d) the number of workers involved,
(e) the starting date and duration of the work,
(f) measures takento limit the exposure of workers to asbestos.
3. Workers and/or their representatives in undertakings or establish-
ments shall have access to the documents which are the subject ofnotification concerning their own undertaking or establishment inaccordance with national laws.
4. Each time a change in working conditions is likely to result in a
significant increase in exposure to dust from asbestos or materialscontaining asbestos, a new notification must be submitted.
Article 5
The application of asbestos by means of the spraying process and
working procedures that involve using low-density (less than 1 g/cm
3)
insulating or soundproofing materials which contain asbestos shall beprohibited.
Without prejudice to the application of other Community provisions on
marketing and use of asbestos, activities which expose workers to
asbestos fibres during the extraction of asbestos or the manufacture
and processing of asbestos products or the manufacture and processingof products containing intentionally added asbestos shall be prohibited,with the exception of the treatment and disposal of products resultingfrom demolitionan d asbestos removal.
Article 6
For all activities referred to inArticle 3(1), the exposure of workers to
dust arising from asbestos or materials containing asbestos at the placeof work must be reduced to a minimum and in any case below the limitvalue laid downinArticle 8, inparticular through the followin g
measures:
1. the number of workers exposed or likely to be exposed to dust
arising from asbestos or materials containing asbestos must be
limited to the lowest possible figure;
2. work processes must be designed so as not to produce asbestos dust
or, if that proves impossible, to avoid the release of asbestos dustinto the air;
3. all premises and equipment involved in the treatment of asbestos
must be capable of being regularly and effectively cleaned andmaintained;
4. asbestos or dust-generating asbestos-containing material must be
stored and transported in suitable sealed packing;1983L0477 — EN — 15.04.2003 — 003.001 — 4
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5. waste must be collected and removed from the place of work as
soon as possible in suitable sealed packing with labels indicatingthat it contains asbestos. This measure shall not apply to mining
activities. Such waste shall thenbe dealt with inaccordan ce with
Council Directive 91/689/EEC of 12 December 1991 on hazardouswaste (
1).
Article 7
1. Depending on the results of the initial risk assessment, and in
order to ensure compliance with the limit value laid down in Article8, measurement of asbestos fibres in the air at the workplace shall becarried out regularly.
2. Sampling must be representative of the personal exposure of the
worker to dust arising from asbestos or materials containing asbestos.
3. Sampling shall be carried out after consultation of the workers
and/or their representatives in undertakings.
4. Sampling shall be carried out by suitably qualified personnel. The
samples taken shall be subsequently analysed, in accordance with para-
graph 6, in laboratories equipped for fibre counting.
5. The duration of sampling must be such that representative expo-
sure can be established for an eight-hour reference period (one shift) bymeans of measurements or time-weighted calculations.
6. Fibre counting shall be carried out wherever possible by PCM
(phase-contrast microscope) in accordance with the 1997 WHO (WorldHealth Organisation) recommended method (
2) or any other method
giving equivalent results.
For the purpose of measuring asbestos in the air, as referred to in the
first subparagraph, only fibres with a length of more than five micro-
metres, a breadth of less than three micrometres and a length/breadthratio greater than 3:1 shall be taken into consideration.
Article 8
Employers shall ensure that no worker is exposed to an airborne
concentration of asbestos in excess of 0,1 fibres per cm
3as aneight-
hour time-weighted average (TWA).
Article 9
2. The amendments necessary to adapt the Annexes to this Directive
to technical progress shall be adopted in accordance with the procedurelaid down in Article 17 of Council Directive 89/391/EEC of 12 June1989 on the introduction of measures to encourage improvements in
the safety and health of workers at the workplace (
3).
Article 10
1.►M3Where the limit value laid downinArticle 8 is exceeded,
the reasons for the limit being exceeded must be identified and appro-
priate measures to remedy the situationmust be takenas soonaspossible. ◄1983L0477 — EN — 15.04.2003 — 003.001 — 5
(1) OJ L 377, 31.12.1991, p. 20. Directive as last amended by Directive 94/31/
EC (OJ L 168, 2.7.1994, p. 28).
(2) Determination of airborne fibre concentrations. A recommended method, by
phase-contrast optical microscopy (membrane filter method), WHO, Geneva
1997 (ISBN 92 4 154496 1).
(3) OJ L 183, 29. 6. 1989, p. 1.▼M1
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Work may not be continued in the affected area until adequate
measures have been taken for the protection of the workers concerned.
2. In order to check the effectiveness of the measures mentioned in
the first subparagraph of paragraph 1, a further determination of theasbestos-in-air concentrations shall be carried out immediately.
3. Where exposure cannot be reduced by other means and where
compliance with the limit value makes necessary the wearing of indivi-
dual protective breathing equipment, this may not be permanent andshall be kept to the strict minimum necessary for each worker. Duringperiods of work which require the use of such equipment, provisionshall be made for breaks appropriate to the physical and climatological
conditions and, where relevant, in consultation with the workers and/or
their representatives, in accordance with national laws and practice.
Article 10a
Before beginning demolition or maintenance work, employers shall
take, if appropriate by obtaining information from the owners of thepremises, all necessary steps to identify presumed asbestos-containingmaterials.
If there is any doubt about the presence of asbestos in a material or
construction, the applicable provisions of this Directive shall beobserved.
Article 11
1. Inthe case of certainactivities such as demolition , removal,
repairing and maintenance in respect of which it is foreseeable that
the limit value set out inArticle 8 will be exceeded despite the use oftechnical preventive measures for limiting asbestos in air concentra-tions, the employer shall determine the measures intended to ensureprotectionof the workers while they are en gaged insuch activities, inparticular the following:
(a) workers shall be issued with suitable respiratory and other personal
protective equipment, which must be worn; and
(b) warning signs shall be put up indicating that it is foreseeable that
the limit value laid downinArticle 8 will be exceeded; an d
(c) the spread of dust arising from asbestos or materials containing
asbestos outside the premises or site of actionshall be preven ted.
2. The workers and/or their representatives in the undertaking or
establishment shall be consulted on these measures before the activitiesconcerned are carried out.
Article 12
1. A planof work shall be drawnup before demolitionwork or
work on removing asbestos and/or asbestos-containing products frombuildings, structures, plant or installations or from ships is started.
2. The planreferred to inparagraph 1 must prescribe the measures
necessary to ensure the safety and health of workers at the place ofwork.
The planmust inparticular specify that:
— asbestos and/or asbestos-containing products are to be removed
before demolitiontechn iques are applied, except where this would
cause a greater risk to workers thanif the asbestos an d/orasbestos-containing products had been left in place;
— the personal protective equipment referred to in Article 11(1)(a)
shall be provided, where necessary;1983L0477 — EN — 15.04.2003 — 003.001 — 6
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— whenthe asbestos demolitionor removal work has beencompleted,
the absence of asbestos exposure risks in the workplace shall beverified in compliance with national legislation and practices.
At the request of the competent authorities, the plan shall include infor-
mationonthe followin g:
— the nature and probable duration of the work,
— the place where the work is carried out,
— the methods applied where the work involves the handling of
asbestos or of materials containing asbestos,
— the characteristics of the equipment used for:
— protection and decontamination of those carrying out the work,
— protection of other persons present on or near the worksite.
3. At the request of the competent authorities, the plan referred to in
paragraph 1 must be notified to them before the start of the projected
work.
Article 12a
1. Employers shall provide appropriate training for all workers who
are, or are likely to be, exposed to asbestos-containing dust. Such
training must be provided at regular intervals and at no cost to the
workers.
2. The content of the training must be easily understandable for
workers. It must enable them to acquire the necessary knowledge andskills in terms of prevention and safety, particularly as regards:
(a) the properties of asbestos and its effects on health, including the
synergistic effect of smoking;
(b) the types of products or materials likely to contain asbestos;
(c) the operations that could result in asbestos exposure and the impor-
tance of preventive controls to minimise exposure;
(d) safe work practices, controls and protective equipment;
(e) the appropriate role, choice, selection, limitations and proper use of
respiratory equipment;
(f) emergency procedures;
(g) decontamination procedures;
(h) waste disposal;
(i) medical examination requirements.
3. Practical guidelines for the training of asbestos removal workers
shall be developed at Community level.
Article 12b
Before carrying out asbestos demolition or removal work, firms must
provide evidence of their ability in this field. The evidence shall beestablished in accordance with national laws and/or practice.
Article 13
1. Inthe case of all activities referred to inArticle 3 (1), an d subject
to Article 3 (3), appropriate measures shall be takento en sure that:
(a) the places inwhich the above activities take place shall:
(i) be clearly demarcated and indicated by warning signs;
(ii) not be accessible to workers other than those who by reason of
their work or duties are required to enter them;
(iii) constitute areas where there should be no smoking;
(b) areas are set aside where workers can eat and drink without risking
contamination by asbestos dust;1983L0477 — EN — 15.04.2003 — 003.001 — 7
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(c) (i) workers are provided with appropriate working or protective
clothing;
(ii) this working or protective clothing remains within the under-
taking. It may, however, be laundered in establishmentsoutside the undertaking which are equipped for this sort ofwork if the undertaking does not carry out the cleaning itself;
in that event the clothing shall be transported in closed
containers;
(iii) separate storage places are provided for working or protective
clothing and for street clothes;
(iv) workers are provided with appropriate and adequate washing
and toilet facilities, including showers in the case of dustyoperations;
(v) protective equipment shall be placed in a well-defined place
and shall be checked and cleaned after each use; appropriatemeasures shall be takento repair or replace defective equip-ment before further use.
2. Workers may not be charged with the cost of measures taken
pursuant to paragraph 1.
Article 14
1. Inthe case of all activities referred to inArticle 3 (1), appropriate
measures shall be taken to ensure that workers and their representatives
in the undertaking or establishment receive adequate informationconcerning:
— the potential risks to health from exposure to dust arising from
asbestos or materials containing asbestos,
— the existence of statutory limit values and the need for the atmo-
sphere to be monitored,
— hygiene requirements, including the need to refrain from smoking,
— the precautions to be taken as regards the wearing and use of
protective equipment and clothing,
— special precautions designed to minimize exposure to asbestos.
2. Inadditionto the measures referred to inparagraph 1, an d subject
to Article 3 (3), appropriate measures shall be takento en sure that:
(a) workers and/or their representatives in the undertaking or establish-
ment have access to the results of asbestos-in-air concentrationmeasurements and can be given explanations of the significance
of those results;
(b) if the results exceed the limit value laid downinArticle 8 the
workers concerned and their representatives in the undertaking or
establishment are informed as quickly as possible of the fact andthe reasons for it and the workers and/or their representatives inthe undertaking or establishment are consulted on the measures tobe taken or, in an emergency, are informed of the measures which
have beentaken .
Article 15
Subject to Article 3 (3) the following measures shall be taken:
1. Anassessmen t of each worker's state of health must be available
prior to the beginning of exposure to dust arising from asbestos ormaterials containing asbestos at the place of work.
This assessment must include a specific examination of the chest.
Annex II gives practical recommendations to which the Member
States may refer for the clinical surveillance of workers; theserecommendations shall be adapted to technical progress ►
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accordance with the procedure laid down in Article 17 of Directive89/391/EEC ◄.1983L0477 — EN — 15.04.2003 — 003.001 — 8
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A new assessment must be available at least once every three years
for as long as exposure continues.
An individual health record shall be established in accordance with
national laws and practices for each worker referred to in the firstsubparagraph.
2. Following the clinical surveillance referred to in point 1, the doctor
or authority responsible for the medical surveillance of the workers
should, in accordance with national laws, advise on or determineany individual protective or preventive measures to be taken; thesemay include, where appropriate, the withdrawal of the workerconcerned from all exposure to asbestos.
3. Information and advice must be given to workers regarding any
assessment of their health which they may undergo following theend of exposure.
The doctor or authority responsible for the medical surveillance of
workers may indicate that medical surveillance must continue after
the end of exposure for as long as they consider it necessary to safe-guard the health of the person concerned.
Such continuing surveillance shall be carried out in accordance with
the laws and practices of the individual Member States.
4. The worker concerned or the employer may request a review of the
assessments referred to in point 2, in accordance with national laws.
Article 16
Subject to Article 3 (3) the following measures shall be taken:1. The employer must enter the workers responsible for carrying out
the activities referred to in Article 3 (1) in a register, indicating thenature and duration of the activity and the exposure to which theyhave been subjected. The doctor and/or the authority responsible
for medical surveillance shall have access to this register. Each
worker shall have access to the results inthe register which relateto him personally. The workers and/or their representatives shallhave access to anonymous, collective information in the register.
2. The register referred to in point 1 and the medical records referred
to inArticle 15(1) shall be kept for at least 40 years followin g theend of exposure, in accordance with national laws and/or practice.
3. The documents referred to in point 2 shall be made available to the
responsible authority in cases where the undertaking ceases trading,
in accordance with national laws and/or practice.
Article 16a
Member States shall provide for adequate sanctions to be applicable in
the event of infringement of national legislation adopted pursuant to
this Directive. These sanctions must be effective, proportionate anddissuasive.
Article 17
Member States shall keep a register of recognized cases of asbestosis
and mesothelioma.
Article 18
1. Member States shall adopt the laws, regulations and administra-
tive provisions necessary to comply with this Directive before 1January 1987. They shall forthwith inform the Commission thereof.The date 1 January 1987 is, however, postponed until 1 January 1990in the case of asbestos-mining activities.1983L0477 — EN — 15.04.2003 — 003.001 — 9
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2. Member States shall communicate to the Commission the provi-
sions of national law which they adopt in the field covered by thisDirective.
Article 19
This Directive is addressed to the Member States.1983L0477 — EN — 15.04.2003 — 003.001 — 10
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ANNEX II
Practical recommendations for the clinical assessment of workers,
asreferred toinArticle 15(1)
1. Current knowledge indicates that exposure to free asbestos fibres can
give rise to the following diseases:
— asbestosis,
— mesothelioma,— bronchial carcinoma,
— gastro-intestinal carcinoma.
2. The doctor and/or authority responsible for the medical surveillance
of workers exposed to asbestos must be familiar with the exposure
conditions or circumstances of each worker.
3. Health examination of workers should be carried out in accordance
with the principles and practices of occupational medicine. It shouldinclude at least the following measures:
— keeping records of a worker's medical and occupational history,
— a personal interview,
— a general clinical examination, with particular reference to the
chest,
— lung function tests (respiratory flow volumes and rates).
The doctor and/or authority responsible for the health surveillance
should decide onfurther examin ation s, such as sputum cytology
tests or a chest X-ray or a tomodensitometry, in the light of the
latest occupational health knowledge available.1983L0477 — EN — 15.04.2003 — 003.001 — 11
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