COUNCIL CONCLUSIONS of 7 April 1998 on the protection of workers against the risks from exposure to asbestos (98/C 142/01)

1. The Council notes the Commission's communication on the results of the assessment provided for in Council Directive 83/477/EEC of 19 September 1983 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) (1) and recalls its conclusion that the existing framework of controls was generally sound.

The Commission communication nevertheless went on to note:

(a) that existing provisions under Directive 83/477/EEC require all employers to assess the risks of exposure to asbestos;

(b) that any review of Directive 83/477/EEC might concentrate precautions on those activities which now involve the greatest risk of exposure to asbestos;

(c) that the Commission would carry out further studies on limits for exposure to chrysotile asbestos and on methods for measuring asbestos in air (taking account of the method adopted by the World Health Organisation (WHO)), and that similar activity should be undertaken on substitute fibres;

(d) that certain Member States addressed the problem of unexpected exposure to asbestos by obliging employers or in some cases proprietors of buildings to search for its presence. The Commission saw some advantages in these approaches, while noting that for small enterprises which may occupy older premises these procedures could entail a financial burden.

2. The Council also notes that:

(a) the highest risks are now faced by workers involved in the removal of asbestos, and by workers who encounter asbestos incidentally to their work, in particular, on the maintenance and servicing of, for example, buildings, plants, ships and trains;

(b) for the first group of workers, higher standards of worker protection can be achieved if workers and employers involved in work with asbestos have demonstrated their competence to carry out such work, and are subject to specific control regimes and training arrangements;

(c) for the second group of workers, higher standards of protection can be achieved if they have prior knowledge of the presence of asbestos and appropriate training;

(d) the information and training needs of workers vary depending on the type of exposure to asbestos involved in their work (that is, between those who regularly and intentionally work with asbestos and those who may encounter it incidentally during their work);

(e) all substitute fibres are currently regulated under 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 (2) and will be regulated under the proposed Chemical Agents Directive; moreover, certain types of man-made vitreous fibres meet the criteria to be classified as carcinogenic under Council Directive 67/548/ EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (3) and, as such, are subject to Council Directive 90/394/EEC of 28 June 1990 on the protection of workers from the risks related to exposure to carcinogens at work (sixth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (4).

3. Without prejudice to further measures which may be taken on the marketing and use of chrysotile asbestos, which may have to be taken into account in consideration of future action for worker protection, the Council invites the Commission:

(a) to bring forward proposals for amending Directive 83/477/EEC, considering in particular the merits of:

(i) refocusing protective measures on those who are now most at risk;

(ii) ensuring that the Directive's risk assessment provisions adequately reflect the different risks arising from work where exposure to asbestos is, on the one hand, an intrinsic feature of and, on the other hand, incidental to the operation performed, and also the different information and training needs of workers depending on the type of exposure involved;

(iii) emphasising that the prevention or minimisation of exposure to asbestos can be assured by a range of measures, including the maintenance of asbestos-containing materials in a safe condition in order to prevent the release of fibres and, where appropriate, their removal and disposal under strict controls;

(iv) introducing further Community provisions for work giving rise to specific risks, having considered the control systems currently applied in the Member States;

(v) revising the concentration levels set out at Article 3(3) of the Directive and exposure limits at Article 8, and measurement methods, taking into account the latest scientific knowledge and technology to improve the minimum levels of protection; and reviewing the assessment of asbestos fibres in air to take account, in particular, of the new WHO method for counting fibres;

(b) to continue to review the risks arising from the use of certain fibres which are commonly used as substitutes for asbestos and the existing regulatory provisions which apply to these fibres, including exposure limits and measurement methods, in order to ensure that workers are adequately protected from risk;

(c) to review the existing regulatory provisions and initiatives in the Member States in respect of the need to provide information on the presence of asbestos, addressing as appropriate the respective responsibilities of employers and owners of premises.

4. The Council also invites:

(a) the Commission, with the assistance of the European Agency for Safety and Health at Work where appropriate, to consider how to encourage:

(i) information for workers which focuses on the specific risks encountered in different work situations, and

(ii) good practice in the training of workers who may be at risk either from incidental or regular exposure to asbestos;

(b) the Commission and the Member States, in particular through the Committee of Senior Labour Inspectors, to encourage effective compliance and enforcement measures where asbestos is encountered in workplaces by sharing experience and best practice.

5. The Council invites the Commission to take forward this further work in cooperation with Member States and the social partners (in particular through the Advisory Committee on Safety, Hygiene and Health Protection at Work), with the European Parliament and with the Economic and Social Committee.

6. The Council invites the Commission to keep it informed of progress on these initiatives.

(1) OJ L 263, 24.9.1983, p. 25.

(2) OJ L 327, 3.12.1980, p. 8. Directive as amended by Directive 88/642/EEC (OJ L 356, 24.12.1988, p. 74).

(3) OJ L 196, 16.8.1967, p. 1. Directive as last amended by Commission Directive 97/69/EC (OJ L 343, 13.12.1997, p. 19).

(4) OJ L 196, 26.7.1990, p. 1.