No C 330/10 Official Journal of the European Communities 23. 12. 88 
II 
(Preparatory Acts) 
COMMISSION 
Re-examined proposal for a Council Directive amending Directive 80/1107/EEC on the 
protection of workers from the risks related to exposure to chemical, physical and biological 
agents at work (') 
COM(88) 735 final — SYN 58 
(Submitted by the Commission pursuant to Article 149 2 (d) of the EEC Treaty on 5 December 
1988) 
(88/C 330/11) 
O OJ No C 326, 5. 12. 1987, p. 5. 
PREVIOUS TEXT AMENDED TEXT 
Preamble and first to third recitals unchanged 
Fourth recital 
Whereas for a certain number of agents the limit values Whereas for certain agents binding limit values for occu-
of a binding nature and/or the other specific pational exposure and, where appropriate, other specific 
requirements will be laid down in individual Directives; requirements will be laid down in individual Directives; 
Fifth to seventh recitals unchanged 
Article 1 (1) and (2) (a) unchanged 
Article 1 (2) (b) 
(b) Point 9 shall be replaced by the following: (b) Point 9 shall be replaced by the following: 
'9. (a) information from employers for workers 
and/or their representatives in undertakings 
or establishments on the potential risks 
connected with their exposure, on the 
technical preventive measures to be observed 
by workers and on the precautions taken by 
the employer and to be taken by workers; '9. Appropriate measures shall be taken by the 
employer to ensure that workers and their repre­
sentatives in undertakings or establishments 
receive full information on and instruction in 
(a) the potential risks connected with their 
exposure, the technical preventive measures 
to be observed by workers and the 
precautions taken by the employer and to be 
taken by workers; 
23. 12. 88 Official Journal of the European Communities NoC 330/11 
PREVIOUS TEXT AMENDED TEXT 
(b) information from employers for workers 
and/or their representatives in undertakings 
or establishments on the risks assessment 
methods used, the existence of a limit value 
as referred to -in point 4 (b) and the need to 
carry out measurements and on the action to 
be taken, as laid down in point 4 (c), in the 
event of a limit value being exceeded'. (b) the risk assessment methods used, the 
existence of a limit value as referred to in 
point 4 (b) and the need to carry out 
measurements, and the action to be taken, as 
laid down in point 4 (c), in the event of a 
limit value being exceeded'. 
Article 1 (3) and (4) unchanged 
Article 1 (5) 
5. Article 9 (1) shall be replaced by the following: 5. Article 9 (1) shall be replaced by the following: 
'1. With a view to the adaptation to technical 
progress referred to in Article 8 (3) and to the estab­
lishment of indicative limit values as referred to in 
Article 8 (4), a committee is hereby established 
consisting of representatives of the Member States 
and chaired by a representative of the Commission'. '1. With a view to the adaptation to technical 
progress referred to in Article 8 (3) and to the estab­
lishment of indicative limit values as referred to in 
Article 8 (4), the Advisory Committee on Safety, 
Hygiene and Health Protection at Work shall be 
consulted and a Committee is hereby established 
consisting of representatives of the Member States, to 
be chaired by a representative of the Commission'. 
Article 1 (6), Articles 2 and 3, and Annex Ha unchanged 
Amendments adopted by the European Parliament which have not been included by the 
Commission in its re-examined proposal 
OPINION 
No 1. New recital 
Whereas the said protection should be ensured 
by measures to totally prevent workers' 
exposure to dangerous agents or keep it to an 
absolute minimum; The Commission considers that, for certain agents, the 
total prevention of exposure is completely impractical. 
Moreover, the aim of this proposal for a Directive is to 
establish exposure limit values. 
No 5. A new paragraph 2a. is added to Article 1: 
'2a. Pregnant women, nursing mothers and 
children under 18 may not be employed in areas 
in which they would come into contact with any 
of the chemical, physical or biological agents 
listed in Annex IV of this Directive'. The Commission considers that the principles of 
protection must cover all workers and is endeavouring to 
introduce the same measures for women, men and young 
persons. Certain measures might be envisaged only in 
highly specific cases and not on a general basis. 
No C 330/12 Official Journal of the European Communities 23. 12. 88 
PREVIOUS TEXT AMENDED TEXT 
No 6. New Article 1 a The Commission does not consider it appropriate to 
incorporate these provisions into the proposal; however, 
1. In order to be able to take specific action il wiU bear these ideas in mind for future proposals, 
to combat the potential hazards to workers from 
exposure to dangerous agents, the employer 
shall be required to carry out and record an 
accurate survey of the dangerous agents used in ' 
, the establishment and their associated health 
risks. 
Information shall be collected on the following 
in particular: 
a) all the agents listed in Annex IV to this 
Directive which are 
— used 
— produced 
— handled and processed 
— stored 
— transported 
— disposed of in the establishment, or 
— may be released during the use of other 
agents; 
b) the composition of the agents 
— the quantity of agents used in the estab­
lishment 
— the work areas affected 
— the handling of these agents (work 
carried out and processes used); 
c) — the number of workers employed in using 
the agent 
— the safety measures applied 
— the type of protective equipment. 
d) The employer shall be required: 
— to inform the workers of the results of 
the surveys 
— to make the records of the surveys 
available to the workers' representatives 
— to have the information available and 
place it at the disposal of relevant auth­
orities on request. 
23. 12. 88 Official Journal of the European Communities No C 330/13 
PREVIOUS TEXT AMENDED TEXT 
2. The employer shall be required to store the 
dangerous agents used in the establishment in 
such a way that they do not present any health 
or safety hazard to the workers or to third 
parties. 
3. The employer shall be required to ensure 
that all the dangerous agents present are labelled 
clearly and visibly. 
4. The employer shall be required to collect 
the residues and waste from dangerous agents 
immediately in appropriate and securely sealed 
containers and remove them from the working 
area without delay. 
5. The employer shall be required to provide 
adequate industrial health care. The following 
measures in particular shall be taken: 
— the health of exposed workers must be 
monitored continuously and they must be 
given medical examinations at least once a 
year; 
— as part of this health care and monitoring 
service, the individual records shall be drawn 
up indicating the workers' state of health in 
relation to the exposure and any protective 
or preventive measures that may be taken; 
— these records shall be kept for at least 30 
years and shall be made available to the 
relevant authorities and the workers' repre­
sentatives in accordance with their powers of 
inspection. 
No 10. Article 2 (2) 
Member States shall adopt the laws, regulations 
and administrative provisions necessary to 
comply with this Directive not later than one 
year after its notification. They shall forthwith 
inform the Commission thereof. The Commission considers that the time limit of only 
one year for adoption of this Directive by the Member 
States is too short to be practicable. 
No 11. Annex Ha, Section B 
(measuring strategy) 1 (a) 
Workers' exposure shall be measured at least 
every three months and, in any case, whenever a 
technical change results in increased exposure, 
or at the request of the workers or their repre­
sentatives. The Commission is opposed to this idea, which may 
involve considerable extra burdens, especially for small 
and medium-sized undertakings.