A4-0051/98

Decision on the common position adopted by the Council with a view to the adoption of a Council Directive on the protection of the health and safety of workers from the risks related to chemical agents at work (fourteenth individual directive within the meaning of Article 16(1) of Directive 89/391/EEC) (C4-0531/97 - 00/0459(SYN))(Cooperation procedure: second reading)

The European Parliament,

- having regard to the common position of the Council, C4-0531/97 - 00/0459(SYN),

- having regard to its opinion at first reading ((OJ C 128, 9.5.1994, p. 167.)) on the Commission proposal to the Council COM(93)0155 ((OJ C 165, 16.6.1993, p. 4.)),

- having been consulted by the Council pursuant to Article 189c of the EC Treaty,

- having regard to Rule 67 of its Rules of Procedure,

- having regard to the recommendation for second reading of the Committee on Employment and Social Affairs (A4-0051/98),

1. Amends the common position as follows;

2. Instructs its President to forward this decision to the Council and Commission.

(Amendment 1)

Article 1(4)

>Original text>

4. The provisions of Directive 89/391/EEC shall apply fully to the whole field referred to in this Article, without prejudice to more stringent and/or specific provisions contained in this Directive.

>Text following EP vote>

4.

The provisions of Directive 89/391/EEC and subsequent individual directives, in particular Directive 89/654/EEC on minimum health and safety requirements for the workplace, Directive 89/656/EEC on personal protective equipment, Directive 92/85/EEC on pregnant workers and Directive 94/33/EC on the protection of young people at work, shall apply fully to the whole field referred to in this Article, without prejudice to more stringent and/or specific provisions contained in this Directive.

(Amendment 2)

Article 3(2), 2nd paragraph

>Original text>

2. These limit values shall be established or revised, taking into account the availability of measurement techniques, in accordance with the procedure laid down in Article 17 of Directive 89/391/EEC. Member States shall keep workers¨ and employers¨ organizations informed of occupational exposure limit values set at Community level.

>Text following EP vote>

2.

These limit values shall be established or revised, taking into account the availability of validated measurement techniques, in accordance with the procedure laid down in Article 17 of Directive 89/391/EEC. Member States shall keep workers¨ and employers¨ organizations informed of indicative occupational exposure limit values set at Community level.

(Amendment 4)

Article 3(8)

>Original text>

8. Where a Member State introduces or revises a national occupational exposure limit value or a national biological limit value for a chemical agent on the basis of new data, it shall inform the Commission and other Member States thereof together with the relevant scientific and technical data. The Commission shall undertake the appropriate action.

>Text following EP vote>

8.

Where a Member State introduces or, on the basis of new data, revises a national occupational exposure limit value or a national biological limit value for a chemical agent, it shall inform the Commission and other Member States thereof together with the relevant scientific and technical data. The Commission shall undertake the appropriate action.

>Original text>

>Text following EP vote>

8a. On the basis of the reports provided by the Member States under Article 15 the Commission shall carry out an assessment of the way in which Member States have taken account of Community indicative limit values when establishing the corresponding national occupational exposure limit values. If this assessment reveals wide differences in standards the Commission shall undertake appropriate action with a view to closer harmonization in this area.

(Amendment 5)

Article 4(2)

>Original text>

2. The employer must be in possession of an assessment of the risk in accordance with Article 9 of Directive 89/391/EEC, and shall identify which measures have been taken in accordance with Articles 5 and 6 of this Directive. The risk assessment shall be documented in a suitable form according to national law and practice, and may include a justification by the employer that the nature and extent of the risks related to chemical agents make a further detailed risk assessment unnecessary. The risk assessment shall be kept up-to-date, particularly if there have been significant changes which could render it out-of-date, or when the results of health surveillance show it to be necessary.

>Text following EP vote>

2.

The employer must be in possession of an assessment of the risk in accordance with Article 9 of Directive 89/391/EEC, and shall identify which measures have been taken in accordance with Articles 5 and 6 of this Directive. The risk assessment shall be recorded in a suitable form taking national law and practice into account, and may include a justification by the employer that the nature and extent of the risks related to chemical agents make a further detailed risk assessment unnecessary. The risk assessment shall be kept up-to-date, particularly if there have been significant changes which could render it out-of-date, or when the results of health surveillance show it to be necessary.

(Amendment 6)

Article 5(3)

>Original text>

3. Where the results of the assessment referred to in Article 4(1) reveal a risk to the safety and health of workers, the specific protection, prevention, monitoring and information measures laid down in Articles 6, 7, 8 and 10 shall be applied.

>Text following EP vote>

3.

Where the results of the assessment referred to in Article 4(1) reveal a risk to the safety and health of workers, the specific protection, prevention and monitoring measures laid down in Articles 6, 7 and 10 shall be applied.

(Amendment 8)

Article 6(5), 2nd subparagraph

>Original text>

In any event, where an occupational exposure limit value effectively established on the territory of a Member State has been exceeded, the employer shall immediately take steps, taking into account the nature of that limit, to remedy the situation by carrying out preventive and protective measures.

>Text following EP vote>

In any event, where an occupational exposure limit value effectively established on the territory of a Member State has been exceeded, the employer shall immediately take steps, taking into account the nature of that limit, to remedy the situation by carrying out preventive and protective measures

which ensure that the limit is adhered to.

(Amendment 9)

Article 6(6), 1st subparagraph, introduction

>Original text>

6. On the basis of the overall assessment of and general principles for the prevention of risks in Articles 4 and 5, the employer shall take technical and/or organizational measures appropriate to the nature of the operation including storage and handling, providing protection of workers against hazards arising from the physico-chemical properties of chemical agents. In particular he shall take measures, in order of priority, to:

>Text following EP vote>

6.

On the basis of the overall assessment of and general principles for the prevention of risks in Articles 4 and 5, the employer shall take technical and/or organizational measures appropriate to the nature of the operation including storage, handling and segregation of incompatible chemical agents, providing protection of workers against hazards arising from the physico-chemical properties of chemical agents. In particular he shall take measures, in order of priority, to:

(Amendment 18)

Article 8, title and (1)

>Original text>

Information for workers

1. Without prejudice to Article 10 of Directive 89/391/EEC the employer shall ensure that the workers and/or their representatives are provided with:

>Text following EP vote>

Information

and training for workers

1. Without prejudice to Article 10 of Directive 89/391/EEC the employer shall ensure that the workers and/or their representatives are provided with:

>Original text>

- the data obtained pursuant to Article 4 of this Directive, and further informed whenever a major alteration at the workplace leads to a change in these data;

>Text following EP vote>

-

the data obtained pursuant to Article 4 of this Directive, and further information whenever a major alteration at the workplace leads to a change in these data;

>Original text>

- information on hazardous chemical agents, such as the identity of such agents, the risks to safety and health, relevant occupational exposure limit values and other legislative provisions;

>Text following EP vote>

-

information on the hazardous chemical agents in the workplace and hazardous chemical agents identified in the risk assessment made pursuant to Article 4(2), such as the identity of these agents, the risks to safety and health, relevant occupational exposure limit values and other legislative provisions;

>Original text>

- information on appropriate precautions and actions to be taken in order to safeguard themselves and other workers at the workplace;

>Text following EP vote>

- training and information on appropriate precautions and actions to be taken in order to safeguard themselves and other workers at the workplace;

>Original text>

- access to any safety data sheet provided by the supplier in accordance with Article 10 of Directive 88/379/EEC and Article 27 of Directive 92/32/EEC;

>Text following EP vote>

-

access to any safety data sheet provided by the supplier in accordance with Article 10 of Directive 88/379/EEC and Article 27 of Directive 92/32/EEC;

>Original text>

and that the information is:

>Text following EP vote>

and that the information is:

>Original text>

- provided in a manner appropriate to the outcome of the risk assessment pursuant to Article 4 of this Directive. This may vary from oral communication to individual instruction and training supported by information in writing, depending on the nature and degree of the risk revealed by the assessment required by the said Article;

>Text following EP vote>

-

provided in a manner appropriate to the outcome of the risk assessment pursuant to Article 4 of this Directive. This may vary from oral communication to individual instruction and training supported by information in writing, depending on the nature and degree of the risk revealed by the assessment required by the said Article;

>Original text>

- updated to take account of changing circumstances.

>Text following EP vote>

-

updated to take account of changing circumstances.

(Amendment 11)

Article 10(1), 4th subparagraph a (new)

>Original text>

>Text following EP vote>

Health surveillance procedures shall be agreed with the workers concerned.

(Amendment 12)

Article 10(4), after 2nd indent

>Original text>

the worker shall be informed of the result which relates to him personally, including information and advice regarding any health surveillance which he should undergo following the end of the exposure, and

>Text following EP vote>

the worker shall be informed

by the doctor or other suitably qualified person of the result which related to him personally, including information and advice regarding any health surveillance which he should undergo following the end of the exposure, and

(Amendment 13)

Article 11

>Original text>

Consultation and participation of workers and/or their representatives shall take place in accordance with Article 11 of Directive 89/391/EEC on the matters covered by this Directive, including the Annexes hereto.

>Text following EP vote>

Consultation and participation of workers and/or their representatives shall take place in accordance with Article 11 of Directive 89/391/EEC on the matters covered by this Directive, including the Annexes hereto.

Workers and/or their representatives shall in particular be consulted in relation to the outcome of the risk assessment referred to in Article 4(1) and the protection and prevention measures referred to in Articles 5 and 6.

(Amendment 14)

Article 12(1), 2nd indent

>Original text>

- technical progress, changes in international standards or specifications and new findings concerning chemical agents,

>Text following EP vote>

-

technical progress and changes in international standards or specifications concerning chemical agents,