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►B COUNCIL DIRECTIVE
of 19September 19 83
on the protection of workers from the risks related to exposure to asbestos at work (second
individual Directive within the meaning of Article 8 of Directive 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
Corrected by:
►C1Corrigendum, OJ L 327, 24.11.1983, p. 40 (83/477)
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COUNCIL DIRECTIVE
of 19September 19 83
on the protection of workers from the risks related to exposure to
asbestos at work (second individual Directive within the meaning of
Article 8 of Directive 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 atwork (
4) provides for the establishment of specific harmonized proced-
ures regarding the protection of workers with respect to asbestos;
Whereas Council Directive 80/1107/EEC of 27 November 1980 on the
protection of workers from the risks related to exposure to chemical,physical and biological agents at work (
5) laid down certain provisions
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 circum-
stances at work; whereas many workers are therefore exposed to apotential health risk; whereas crocidolite is considered to be a particu-larly dangerous type of asbestos;
Whereas, although current scientific knowledge is not such that a level
can be established below which risks to health cease to exist, a reduc-tion in exposure to asbestos will nonetheless reduce the risk of devel-oping 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 usedmethod 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 forMember States with regard to the surveillance of their health are impor-tant,
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. This Directive ►M2 ◄has as its aim the protection
of workers against risks to their health, including the prevention of suchrisks, arising or likely to arise from exposure to asbestos at work. It laysdown limit values and other specific requirements.
(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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2. This Decision shall not apply to:
— seatra nsport,— air transport.
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:
— Actinolite, CAS No 77536-66-4 (*) (
1),
— Asbestos grünerite (amosite) CAS No 12172-73-5 (*) (1),
— Anthophyllite, CAS No 77536-67-5 (*) (1),
— Chrysotile, CAS No 12001-29-5 (1),
— Crocidolite, CAS No 12001-28-4 (1),
— Tremolite, CAS No 77536-68-6 (*) (1).
Article 3
1. This Directive shall apply to activities in which workers are or
may be exposed in the course of their work to dust arising 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 riskmust be assessed in such a way as to determine the nature and degree ofthe workers’ exposure to dust arising from asbestos or materialscontaining asbestos.
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3. If the assessment referred to in paragraph 2 shows that the concen-tration of asbestos fibres in the air at the place of work in the absence ofany personal protective equipment is, at the option of the MemberStates, at a level as measured or calculated:
(a) for chrysotile
— lower than 0,20 fibres per cm
3in relation to an eight-hour
reference period, and/or
— lower than a cumulative dose of 12,00 fibre-days per cm3over a
three-month period;
(b) for all other forms of asbestos either alone or in mixtures, including
mixtures containing chrysotile:
— lower than 0,10 fibres per cm3in relation to an eight-hour
reference period, and/or
— lower than a cumulative dose of 6,00 fibre-days per cm3over a
three-month period,
Articles 4, 7, 13, 14 (2), 15 and 16 shall not apply.
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4. The assessment provided for in paragraph 2 shall be the subject ofconsultation with the workers and/or their representatives within theundertaking or establishment and shall be revised where there is reasonto believe that it is incorrect or there is a material change in the work.
Article 4
Subject to Article 3 (3), the following measures shall be taken:
1. The activities referred to in Article 3 (1) must be covered by a
notification system administered by the responsible authority of theMember State.
(1) Number in the register of the Chemical Abstracts Service (CAS).
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2. The notification must be submitted by the employer to the respon-
sible authority of the Member State, in accordance with nationallaws, regulations and administrative provisions. This notificationmust include at least a brief description of:
— the types and quantities of asbestos used,— the activities and processes involved,— the products manufactured.
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 an important change occurs in the use of asbestos or of
materials containing asbestos, a new notification must be submitted.
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Article 5
The application of asbestos by means of the spraying process and
working procedures that involve using low-density (less than 1 g/cm3)
insulating or soundproofing materials which contain asbestos shall beprohibited.
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Article 6
For all activities referred to in Article 3 (1), the exposure of workers to
dust arising from asbestos or materials containing asbestos at the placeof work must be reduced to as low a level as is reasonably practicableand in any case below the limit values laid down in Article 8, inparticular through the following measures if appropriate:
1. The quantity of asbestos used in each case must be limited to the
minimum quantity which is reasonably practicable.
2. The number of workers exposed or likely to be exposed to dust
arising from asbestos or materials containing asbestos must belimited to the lowest possible figure.
3. Work processes must, in principle, be so designed as to avoid the
release of asbestos dust into the air.
If this is not reasonably practicable, the dust should be eliminated as
near as possible to the point where it is released.
4. All buildings and/or plant and equipment involved in the processing
or treatment of asbestos must be capable of being regularly andeffectively cleaned and maintained.
5. Asbestos as a raw material must be stored and transported in suitable
sealed packing.
6. Waste must be collected and removed from the place of work as
soon as possible in suitable sealed packing with labels indicating thatit contains asbestos. This measure shall not apply to mining activi-ties.
The waste referred to in the preceding paragraph shall then be dealt
with in accordance with Council Directive 78/319/EEC of 20 March1978 on toxic and dangerous waste (
1).
Article 7
Subject to Article 3 (3), the following measures shall be taken:
1. In order to ensure compliance with the limit values laid down in
Article 8, the measurement of asbestos in the air at the place of workshall be carried out in accordance with the reference methoddescribed in Annex I or any other method giving equivalent results.Such measurement must be planned and carried out regularly, with
(1) OJ no L 84 de 31. 3. 1978, p. 43.
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sampling being representative of the personal exposure of the worker
to dust arising from asbestos or materials containing asbestos.
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For the purposes of measuring asbestos in the air as referred to in the
preceding paragraph, only fibres with a length of more than five micro-meters, a width of less than three micrometers and a length/breadth ratiogreater than 3:1 shall be taken into consideration.
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In accordance with Article 118a of the Treaty and taking account in
particular of progress made in scientific knowledge and technologyand of experience gained in applying this Directive, the Council shallreview the provisions of the first sentence of the first paragraph by31 December 1995, with aview to esta blishing asingle method formeasurement of asbestos-in-air concentrations as Community level.
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2. Sampling shall be carried out after consulting the workers and/or
their representatives in undertakings or establishments.
3. Sampling shall be carried out by suitably qualified personnel. The
samples taken shall be subsequently analyzed in laboratoriesequipped to analyze them and qualified to apply the necessary identi-fication techniques.
4. The amount of asbestos in the air shall be measured as a general rule
at least every three months and, in any case, whenever a technicalchange is introduced. The frequency of measurements may, however,be reduced in the circumstances specified in paragraph 5.
5. The frequency of measurements may be reduced to once a year
where:
— there is no substantial change in conditions at the place of work,
and
— the results of the two preceding measurements have not exceeded
half the limit values fixed in Article 8.
Where groups of workers are performing identical or similar tasks at
the same place and are thus being exposed to the same health risk,sampling may be carried out on a group basis.
6. The duration of sampling must be such that representative exposure
can be established for an eight-hour reference period (one shift) bymeans of measurements or time-weighted calculations. The durationof the various sampling processes shall be determined also on thebasis of point 6 of Annex I.
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Article 8
The following limit values shall be applied:
(a) concentration of chrysotile fibres in the air at the place of work:
0,60 fibres per cm3measured or calculated in relation to an eight-
hour reference period;
(b) concentration in the air at the place of work of all other forms of
asbestos fibres, either alone or in mixtures, including mixturescontaining chrysotile:
0,30 fibres per cm
3measured or calculated in relation to an eight-
hour reference period.
Article 9
1. Without prejudice to the third paragraph of point 1 of Article 7, in
accordance with Article 118a of the Treaty and taking account inparticular of progress made in scientific knowledge and technology andof experience gained in applying this Directive, the Council shall reviewthe provisions of this Directive by 31 December 1995.
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2. The amendments necessary to adapt the Annexes to this Directiveto technical progress shall be adopted in accordance with the procedure
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laid down in Article 17 of Council Directive 89/391/EEC of 12 June
1989 on the introduction of measures to encourage improvements in thesafety and health of workers at the workplace (
1).
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Article 10
1. Where the limit values laid down in Article 8 are exceeded, the
reasons for the limits being exceeded must be identified and appropriatemeasures to remedy the situation must be taken as soon as possible.
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 reasonably be reduced by other means and
where the wearing of individual respiratory protective equipment provesnecessary, this may not be permanent and shall be kept to the strictminimum necessary for each worker.
Article 11
1. In the case of certain activities in respect of which it is foreseeable
that the limit values laid down in Article 8 will be exceeded and inrespect of which technical preventive measures for limitingasbestos-in-air concentrations are not reasonably practicable, theemployer shall determine the measures intended to ensure protection ofthe workers while they are engaged in such activities, in particular thefollowing:
(a) workers shall be issued with suitable respiratory equipment 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 values laid down in Article 8 will be exceeded.
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 plan of work shall be drawn up before demolition work or work
on removing asbestos and/or asbestos-containing products from build-ings, structures, plant or installations or from ships is started.
2. The plan referred to in paragraph 1 must prescribe the measures
necessary to ensure the safety and health of workers at the place ofwork.
The plan must in particular specify that:
— as far as is reasonably practicable, asbestos and/or asbestos-
containing products are removed before demolition techniques areapplied,
— the personal protective equipment referred to in Article 11 (1) (a) is
provided, where necessary.
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At the request of the competent authorities, the plan shall includeinformation on the following:
— 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,
(1) OJ L 183, 29. 6. 1989, p. 1.
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— 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 projectedwork.
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Article 13
1. In the case of all activities referred to in Article 3 (1), and subject
to Article 3 (3), appropriate measures shall be taken to ensure that:
(a) the places in which 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;
(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 closedcontainers;
(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 taken to 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. In the case of all activities referred to in Article 3 (1), appropriate
measures shall be taken to ensure that workers and their representativesin 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 atmos-
phere 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. In addition to the measures referred to in paragraph 1, and subject
to Article 3 (3), appropriate measures shall be taken to ensure 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 ofthose results;
(b) if the results exceed the limit values laid down in Article 8 the
workers concerned and their representatives in the undertaking orestablishment are informed as quickly as possible of the fact and the
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reason for it and the workers and/or their representatives in theundertaking or establishment are consulted on the measures to betaken or, in an emergency, are informed of the measures whichhave been taken.
Article 15
Subject to Article 3 (3) the following measures shall be taken:
1. An assessment 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 MemberStates 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 ◄.
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 workersshould, in accordance with national laws, advise on or determine anyindividual protective or preventive measures to be taken; these mayinclude, where appropriate, the withdrawal of the worker concernedfrom all exposure to asbestos.
3. Information and advice must be given to workers regarding any
assessment of their health which they may undergo following the endof exposure.
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 formedical surveillance shall have access to this register. Each workershall have access to the results in the register which relate to himpersonally. The workers and/or their representatives shall haveaccess to anonymous, collective information in the register.
2. The register referred to in point 1 and the medical records referred to
in point 1 of Article 15 shall be kept for at least 30 years followingthe end of exposure, in accordance with national laws.
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 administrative
provisions necessary to comply with this Directive before 1 January1987. They shall forthwith inform the Commission thereof. The date 1January 1987 is, however, postponed until 1 January 1990 in the case ofasbestos-mining activities.
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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.
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ANNEX I
Reference method referred to in Article 7 (1) for the measurement of
asbestos in air at the place of work
1. Samples shall be taken within the individual worker’s breathing zone: i.e.
within a hemisphere of 300 mm radius extending in front of the face andmeasured from the mid-point of a line joining the ears.
2. Membrane filters (mixed esters of cellulose or cellulose nitrate) of pore size
0,8 to 1,2 micrometres with printed squares and a diameter of 25 mm shallbe used.
3. An open-faced filter holder fitted with a cylindrical cowl extending between
33 and 44 mm in front of the filter exposing a circular area of at least20 mm in diameter shall be used. In use, the cowl shall point downwards.
4. A portable battery-operated pump carried on the worker’s belt or in a pocket
shall be used. The flow shall be smooth and the rate initially set at 1,0 litresper minute ± 5 %. The flow rate shall be maintained within ± 10 % of theinitial rate during the sampling period.
5. The sampling time shall be measured to within a tolerance of 2 %.6. The optimal fibre-loading on filters shall be within the range 100 to 400
fibres/mm
2.
7. In order of preference, the whole filter, or asection of the filter, sha ll be
placed on a microscope slide, made transparent using the acetone-triacetinmethod, and covered with a glass coverslip.
8. A binocular microscope shall be used for counting and shall have the
following features:
— Koehler illumination,— its substage assembly shall incorporate an Abbe or achromatic phase-
contrast condenser in a centring focusing mount. The phase-contrastcentring adjustment shall be independent of the condenser centringmechanism,
— a 40 times bar-focal positive phase-contrast achromatic objective with a
numerical aperture of 0,65 to 0,70 and phase ring absorption within therange 65 to 85 %,
— 12,5 times compensating eyepieces; at least one eyepiece must permit
the insertion of a graticule and be of the focusing type,
— a Walton-Beckett circular eyepiece graticule with an apparent diameter
in the object plane of 100 micrometres ± 2 micrometres, when using thespecified objective and eyepiece, checked against a stage micrometer.
9. The microscope shall be set up according to the manufacturer’s instructions,
and the detection limit checked using a ‘phase-contrast test slide'.Up to code5 on the AIA test slides or up to block 5 on the HSE/NPL mark 2 test slidemust be visible when used in the way specified by the manufacturer. Thisprocedure shall be carried out at the beginning of the day of use.
10. Samples shall be counted in accordance with the following rules:
— a countable fibre is any fibre referred to in the second subparagraph of
point 1 of Article 7 which does not touch apa rticle with ama ximumdiameter greater than three micrometers,
— any countable fibre with both ends within the graticule area shall be
counted as one fibre; any fibre with only one end within the area shallcount as half,
— graticule areas for counting shall be chosen at random within the
exposed area of the filter,
— an agglomerate of fibres which at one or more points on its length
appears solid and undivided but at other points is divided into separatestrands (a split fibre) is counted as a single fibre if it conforms with thedescription in the second subparagraph of point 1 of Article 7 and indent1 of this paragraph, the diameter measured being that of the undividedpart, not that of the split part,
— in any other agglomerate of fibres in which individual fibres touch or
cross each other (a bundle), the fibres shall be counted individually ifthey can be distinguished sufficiently to determine that they conformwith the description in the second subparagraph of point 1 of Article 7and indent 1 of this paragraph. If no individual fibres meeting thedefinition can be distinguished, the bundle is considered to be a count-able fibre if, taken as a whole, it conforms with the description in thesecond subparagraph of point 1 of Article 7 and indent 1 of this para-graph,
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— if more than one-eighth of a graticule area is covered by an agglomerate
of fibres and/or particles, the graticule area must be rejected and anothercounted,
— 100 fibres shall be counted, which will enable a minimum of 20 graticule
areas to be examined, or 100 graticule areas shall be examined.
11. The mean number of fibres per graticule is calculated by dividing the
number of fibres counted by the number of graticule areas examined. Theeffect on the count of marks on the filter and contamination shall be keptbelow three fibres/100 graticule areas and shall be assessed using blankfilters.
Concentration in air = (number per graticule area × exposed area of filter) /
(graticule area × volume of air collected).
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ANNEX II
Practical recommendations for the clinical assessment of workers, as
referred to in Article 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 orcircumstances of each worker.
3. Clinical surveillance of workers should be carried out in accordance with the
principles and practices of occupational medicine; it should include at leastthe following measures:
— keeping records of a worker’s medical and occupational history,— apersona l interview,— a clinical examination of the chest,— a respiratory function examination.
Further examinations, including a standard format radiograph of the chest and
laboratory tests such as a sputum cytology test, are desirable. These examina-tions should be decided upon for each worker when he is the subject ofmedical surveillance, in the light of the most recent knowledge available tooccupational medicine.