14.8.84 Official Journal of the European Communities No C 214/11 
Amended proposal for a Council Directive on the protection of workers from the risks 
related to exposure to chemical, physical and biological agents at work (') 
COM(84) 426 final 
(Submitted by the Commission to the Council pursuant to the second paragraph of Article 
149 of the EEC Treaty on 26 July 1984) 
(84/C 214/10) 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
Preamble unchanged 
First four recitals unchanged 
Whereas the simplest and most effective way of 
reducing noise levels at work is to incorporate 
noise prevention measures into the design of 
installations and to choose materials, procedures 
and working methods which produce less noise, 
and whereas the priority aim must be to achieve 
the said reduction at source, Whereas the (two words deleted) most effective 
way of reducing noise levels at work is to incor­
porate noise prevention measures into the design 
of installations and to choose materials, proc­
edures and working methods which produce less 
noise, and whereas the priority aim must be to 
achieve the said reduction at source; 
Whereas the provision and use of hearing pro­
tectors is a necessary complementary measure to 
the reduction of noise at source, where exposure 
cannot reasonably be avoided by other means; 
Last two recitals unchanged 
Articles 1 and 2 unchanged 
Article 3 
This Directive shall apply to all employed persons 
whose exposure to noise at work is likely to exceed 
the limit values laid down in Article 4, no account 
being taken of any hearing protector used. Article 3 
This Directive shall apply to all employed persons 
whose exposure to noise at work is likely to exceed 
the limit values laid down in Articles 4 (1), 6 (2) and 
9 (1), no account being taken of any hearing prot­
ector used. 
Article 3a 
(Old Article 13) 
Measures taken in pursuance of this Directive shall be 
consonant with the gravity of the risk; they shall be 
decided upon and implemented by the employer after 
consulting the workers and/or their representatives in 
the undertakings or establishments, where they exist, 
who can check that such measures are applied or can 
be involved in their application. 
Persons given the task of implementing these 
measures must have appropriate qualifications and 
workers are required to cooperate with employers in 
their implementation. 
(') OJ No C 289, 5. 11. 1982, p. 1. 
No C 214/12 Official Journal of the European Communities 14.8.84 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
Article 4 Article 4 
Paragraph 1 unchanged 
2. The daily sound exposure level to which the ear 
of a worker is subjected at work must not exceed the 
limit value of LEX d = 85 dB (A). 
However, where it is not reasonably feasible to 
comply with this limit from the date on which the 
measures provided for in this Directive are to take 
effect, the limit value may be increased to LExd = 
90 dB (A) for a transitional period of a maximum of 
five years from the aforesaid date. 
Before granting such derogation, the responsible 
authority of the Member State shall take into account 
the preventive measures incorporated into the design 
and construction of the installation in question. 2. The daily sound exposure level to which the ear 
of a worker is subjected at work must not exceed the 
limit value of LEX d = 90 dB (A) . 
Paragraph 3 unchanged 
Article 5 unchanged 
Article 6 Article 6 
Paragraph 1 unchanged 
2. Without prejudice to the provisions of para­
graph 1, where application thereof does not bring ab­
out compliance with the limit values laid down in 
Article 4, hearing protectors must be used. 
3. Where noise at work and/or the implementation 
of the provisions of paragraphs 1 and 2 involve a risk 
of accident, such risk must be reduced as far as 
reasonably practicable by means of appropriate mea­
sures, without prejudice to the provisions of Article 4. 2. Wherever the daily sound expsosure level to 
which the ear of a worker is subjected after measures 
have been taken pursuant to paragraph 1 and in the 
absence of hearing protectors, is likely to exceed the 
limit value of 85 dB (A), appropriate hearing pro­
tectors shall be provided in sufficient numbers by the 
emloyer, who should allow, as far as possible, the 
workers concerned some choise of model. They must 
be suited to the individual in his working conditions; 
in particular, they must not increase the risk to health 
and must attenuate noise sufficiently to comply with 
the limit values laid down in Article 4. 
3. Without prejudice to the provisions of para­
graph 1, where application thereof does not bring 
compliance with the limit values laid down in Article 
4 and exposure cannot reasonably be reduced by other 
means, the hearing protectors referred to in paragraph 
2 must be used. 
4. Where noise at work or the implementation of 
the provisions of paragraphs 1 to 3 involve a risk of 
accident, such risk must always be reduced as far as 
reasonably pracitable by means of appropriate 
measures without prejudice to the provisions of 
Article 4. 
Article 7 unchanged 
14.8.84 Official Journal of the European Communities NoC214/13 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
Article 8 
1. Where hearing protectors are used they must be 
suited to prevailing working conditions and, in par­
ticular, attenuate noise sufficiently to comply with the 
limit values laid down in Article 4. They shall be 
provided in sufficient numbers by the employer, who 
should allow, as far as possible, the workers con­
cerned some choice of model. 
2. The wearing of the protector referred to in para­
graph 1 must not involve increase in the risk to the 
health or safety of the worker concerned. Article 8 
Deleted 
Article 9 
1. Health surveillance shall be carried out on those 
workers for whom, in accordance with the provisions 
of Article 6 (2) recourse is had to hearing protectors. 
This surveillance shall include an audiometric exami­
nation and shall form part of general health sur­
veillance if such exists; it shall be based on the 
principles governing occupational medicine generally 
with a view to the early detection of any damage to 
hearing from noise and to the conservation of 
hearing. 
2. The audiometric examination shall include: Article 9 
1. Health surveillance shall be carried out on those 
workers exposed to a daily sound exposure level in 
excess of 85 dB (A), no account being taken of 
hearing protectors. This surveillance shall include an 
audiometric examination and shall form part of 
general health surveillance if such exists; it shall be 
based on the principles governing occupational 
medicine generally, with a view to the early detection 
of any damage to hearing from noise and to the 
conservation of hearing. 
2. The audiometric examination shall include: 
First two indents unchanged 
periodic audiometric examinations at intervals of 
no more than three years; — periodic audiometric examinations at intervals of 
no more than five years; 
Paragraphs 3 to 5 unchanged 
6. If the physician imposes certain noise exposure 
conditions on a particular worker on account of his 
state of health, the employer shall be required to 
comply with these restrictions. 
Any worker removed from a job in pursuance of 
these provisions and in accordance with national 
legislation or practice, shall, where possible, be 
transferred to another job. 
7. The workers concerned and their employer may 
ask for the health assessement referred to in the 
paragraph 6 to be reviewed by a competent body. 6. If the physician recommends certain noise 
exposure restrictions on a particular worker on ac­
count of his state of health, the employer shall be 
required to comply with them. 
Any worker removed from a job in pursuance of 
these provisions and in accordance with national 
legislation or practice, shall, where possible, be 
transferred to another job. 
7. The workers concerned or their employer may 
ask for the health assessment referred to in the 
paragraph 6 to be reviewed by a competent body of 
the Member State concerned. 
Article 9 a 
(New) 
The Council, acting on a proposal from the 
Commission, and taking into account in particular 
No C 214/14 Official Journal of the European Communities 14. 8. 84 
ORIGINAL PROPOSAL 
Article 10 
Paragraph 1 
2. The workers and/or their representatives in the 
undertakings or establishments, where they exist, shall 
have access to this information. 
Paragraph 3 
Article 11 
The workers referred to in Article 3 must be in­
formed of: 
First indent 
— the measures taken in pursuance of the provisions 
of Article 6; 
— the importance of complying with technical and 
statutory provisions; 
and receive appropriate instruction and training on 
these points. 
Article 12 
Paragraph 1 
2. Where any article (tool, machine, apparatus, 
etc.) intended for use at work causes, when properly 
used, exposure which is likely to exceed the limit 
values laid down in Article 4, the designer, manufac­
turer, importer or supplier of the article must take the 
necessary steps to obtain and make available adequate 
information on the exposure and the measures which 
should be taken to reduce it to a minimum. AMENDED PROPOSAL 
progress made in scientific knowledge and technology 
as well as experience gained in the application of this 
Directive, shall re-examine the values referred to in 
Articles 4, 8 and 9 within five years of implementation 
of this Directive, with a view to making a further re­
duction in exposure to noise at work and setting a 
maximum daily sound exposure level of 85 dB (A). 
Article 10 
unchanged 
2. The workers and/or, in the case of collective 
data, their representatives in the undertaking or 
establishments, where they exist, shall have access to 
the information referred to in paragraph 1. 
unchanged 
Article 11 
The workers referred to in Article 3 must be in­
formed of: 
unchanged 
— the measures taken in pursuance of the provisions 
of Article 6, particulary as regards the compulsory 
use of hearing protectors for workers exposed to 
noise levels in excess of the limit values, 
— their duty to comply with technical and statutory 
provisions; 
and receive appropriate instruction and training on 
these points. 
Article 12 
unchanged 
2. Where any article (tool, machine, apparatus, 
etc.) intended for use at work causes, when properly 
used, exposure which is likely to exceed the limit 
values laid down in Article 4, the designer, manufac­
turer, importer or supplier of the article must take the 
necessary steps to make available adequate infor­
mation on the maximum noise likely to be produced in 
standard conditions when so used. 
14.8.84 Official Journal of the European Communities NoC214/15 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
In determining what is proper use within the meaning 
of this paragraph, no account is to be taken of the use 
of hearing protectors. In determing what is proper use within the meaning 
of this paragraph, no account is to be taken of the use 
of hearing protectors. 
Deleted. 
Article 13 (unchanged) becomes Article 3a 
Articles 14 and 15 unchanged 
Article 16 
1. Member States shall bring into force the laws, 
regulations and administrative provisions necessary to 
comply with this Directive by 31 December 1984 and 
shall forthwith inform the Commission thereof. Article 16 
1. Member States shall bring into force the laws, 
regulations and administrative provisions necessary to 
comply with this Directive by (to be completed) and 
shall forthwith inform the Commission thereof. 
Paragraph 2 unchanged 
Article 17 unchanged 
ANNEX I 
Reference method for noise measurement 
Where this reference method is employed, noise measure­
ment shall be carried out as follow: ANNEX I 
Reference method for noise measurement 
Where this reference method is employed, noise measure­
ment shall be carried out as follows; 
Point 1 unchanged 
2. Microphone siting 
Wherever possible, the microphone shall be positioned 
where the worker's head is normally situated. Microphone siting 
The measurement of sound pressure should be made with 
the microphone located at the position(s) normally 
occupied by the head of the person concerned, the person 
being absent. 
Rest of point 2 unchanged 
Points 3 and 4 unchanged 
ANNEX II 
Reference method for audiometric surveillance 
Where this reference method is employed audiometric sur­
veillance shall comply with the specifications of draft stan­
dard ISO DIS 6189.2 — 1981 supplemented as follows: ANNEX II 
Reference method for audiometric surveillance 
Where this reference method is employed audiometric sur­
veillance shall comply with the specifications of standard 
ISO 6189 — 1983 supplemented as follows: 
No C 214/16 Official Journal of the European Communities 14.8.84 
ORIGINAL PROPOSAL 
First two subpara 
The subject must not have been exposed to a sound pressure 
level exceeding 80 dB (A) (account being taken of any 
hearing protectors worn) during the 14 hours preceding the 
audiometric examination. 
Last paragra AMENDED PROPOSAL 
;raphs unchanged 
The audiometric examination shall be carried out at such a 
time as to ensure that the subject has not been exposed to a 
sound pressure level (account being taken of any hearing 
protectors worn), likely to result in a temporary threshold 
shift of hearing. 
h unchanged