1. 2. 91 Official Journal of the European Communities No C 25/9 
ANNEX II 
paragraph 1 
(new) 
The quantities laid down in Annex II shall be adjusted in 
line with the modifications relating to Articles 8 and 9. 
Amendment to the proposal for a Council Directive concerning measures to encourage 
improvements in the safety and health of pregnant workers, women workers who have recently 
given birth and women who are breastfeeding (') 
COM(90) 692 final — SYN 303 
(Submitted by the Commission pursuant to Article 149 (3) of the EEC Treaty on 8 January 1991) 
(91/C 25/04) 
Recital 9 is amended as follows: 
'Whereas pregnant workers, women workers who 
have recently given birth and those who are breast­
feeding must be considered a specific risk group in 
many respects, and that measures must be taken with 
regard to their health and safety;'. 
Recital 13 is amended as follows: 
'Whereas the purpose of the period of leave from 
work — namely, the protection of the health of 
pregnant women or women who have recently given 
birth and those who are breastfeeding — would not 
be achieved unless accompanied by the maintenance 
of rights, without which, for example, some of these 
women would be forced to give up most of their 
period of leave in order not to lose their 
remuneration; consequently maintenance of 
employment and income rights should be guaranteed 
during the period;'. 
Article 1 is amended as follows: 
'Article 1 
The object of this Directive, which is an individual 
directive within the meaning of Article 16 (1) of 
Directive 89/391 /EEC, is to implement measures to 
encourage improvements in the safety and health of 
pregnant workers, women workers who have recently 
given birth and women who are breastfeeding.' 
(l) OJ No C 281, 9. 11. 1990. Article 2 is amended as follows: 
Article 2 
For the purposes of this Directive "pregnant 
workers", "women workers who have recently given 
birth" and "women who are breastfeeding" shall 
refer to pregnant workers, those who have recently 
given birth and those who are breastfeeding and who 
duly notify their employer of their condition, either 
in person or through a medical practitioner or other 
competent medical authority, in accordance with 
legal provisions or national practices.' 
Articles 3 and 4 are amended as follows: 
Article 3 
1. Notwithstanding the provisions of Articles 4 
and 6 of Directive 89/391/EEC, the Member States 
shall ensure that the competent safety and health 
authorities carry out a general assessment of the 
chemical, physical and biological agents and 
industrial processes considered dangerous to the 
health and safety of the workers referred to in Article 
1. This general assessment must also cover physical 
movements and postures, mental and physical fatigue 
and other types of physical stress. The results of this 
assessment shall be made known to employers and 
workers in order to inform them of the potential 
hazards and to improve the basis for assessment at 
the workplace. 
No C 25/10 Official Journal of the 
2. For all activities liable to involve a risk of 
exposure to the agents, processes and working 
conditions listed in Annex I, the employer shall 
determine the nature, degree and duration of 
exposure of women workers, either directly or by 
way of the services referred to in Article 7 of 
Directive 89/391/EEC, in order to evaluate the risks 
as regards health and safety and any possible effect 
on pregnancy or breastfeeding, and to decide what 
measures should be taken. This assessment must also 
cover physical movements and postures, travel and 
mental and physical fatigue related to the work done 
by these workers. Women workers must be notified 
of this assessment, so that they are informed of 
potential hazards. 
If the results of the abovementioned assessment 
reveal a safety or health hazard or a possible effect 
on pregnancy or breastfeeding, exposure of the 
women workers in question must be avoided by 
adjusting their working conditions or their working 
hours. 
3. If the adjustment referred to in paragraph 2, 
indent 2, is not technically possible, the employer 
shall take the necessary measures to move any 
worker concerned to another job. In such cases 
measures shall be taken to maintain the worker's 
level of pay and/or to pay an equivalent allowance, 
and to ensure that her work-related rights are 
unaffected for the period concerned. 
4. In cases where transfer to another activity is not 
technically or objectively feasible, the, workers in 
question shall be granted leave for the whole of the 
period considered necessary to protect their safety 
and health. Their pay and/or an equivalent 
allowance, and their work-related rights, shall be 
maintained throughout this period. 
5. Under no circumstances shall pregnant workers 
be assigned to duties for which the assessment 
referred to in paragraph 2 has revealed exposure to 
the agents listed in Annex II. Such workers shall not 
be exposed to situations in which there is a danger of 
exceeding the limit values for occupational exposure 
to agents in general. Under such conditions, the 
provisions referred to in paragraphs 3 and 4 shall be 
applicable. 
6. Under no circumstances shall breastfeeding 
women be assigned to duties for which the 
assessment referred to in paragraph 2 has revealed European Communities 1. 2. 91 
exposure to the agents and working conditions listed 
in Annex III. Under such conditions, the provisions 
referred to in paragraphs 3 and 4 shall be applicable. 
Article 4 
1. The Member States shall take measures to 
ensure that the women workers referred to in Article 
1 are not obliged to work at night: 
(a) before and after the delivery of a child for a 
period of at least 16 weeks, of which at least 
eight must be before the presumed date of 
delivery; 
(b) upon presentation of a medical certificate indi­
cating the necessity for the health of the worker 
referred to in Article 1, for other periods 
occurring: 
(i) during pregnancy; 
(ii) during a period of time after the necessary 
period following delivery as indicated in 
subparagraph (a), the duration of which shall 
be determined by the competent authority 
referred to in Article 3(1). 
2. The measures referred to in paragraph 1 may 
entail transfer to daytime work when possible, or an 
extension of maternity leave. In such cases measures 
shall be taken to maintain the worker's level of pay 
and/or to pay an equivalent allowance, and to ensure 
that her work-related rights are unaffected for the 
period concerned.' 
Article 5 (1), second sub-paragraph is amended as 
follows: 
Tn the eventuality of periods of sickness unrelated to 
pregnancy or childbirth occurring during this leave 
from work, these periods shall not be taken into 
account as part of the 14 weeks. They will be dealt 
with under the scheme applicable in case of sickness.' 
Article 5 (5) is amended as follows: 
'5. The Member States shall take the necessary 
measures to ensure that pregnant workers have the 
right to take leave from work without loss of pay to 
enable them to attend ante-natal examinations if such 
examinations take place during working hours.' 
1.2.91 Official Journal of the European Communities No C 25/11 
Article 6 is amended as follows: New Article 8: 
'Article 6 €A . , 
'Article 8 
1. The maintenance of work-related rights shall be 
ensured throughout the period of leave from work The Member States shall incorporate into their 
referred to in Article 5. national legislation the necessary provisions enabling 
2. The Member States shall take the necessary anyone who believes that her rights under this 
measures to prevent the dismissal of the women Directive have been infringed to seek legal redress 
referred to in Article 2 for reasons related to their through the courts or, if applicable, bring the case 
condition for the period from the beginning of their before other competent bodies.' 
pregnancy to the end of the leave from work defined 
in Article 5.' Articles 8, 9 and 10 become Articles 9, 10 and 11. 
Annex I is amended as follows: 
'ANNEX I 
LIST OF AGENTS AND PROCESSES REFERRED TO IN ARTICLE 4 (2) 
1. Agents 
(a) Physical agents 
— Mechanical constraints or vibrations causing or likely to cause movement harmful to the embryo 
or foetus. 
— Pressure in excess of atmospheric pressure. 
— Heavy loads. 
(b) Biological agents 
Biological agents of Groups III and IV within the meaning of Article 2 (d) of Directive 
90/. ../EEC: 
— Toxoplasma, 
— Chicken pox virus, 
— Rubella virus, 
— Listeria, 
— Neisseria gonorrhoeae, 
— Cytomegalovirus, 
— Treponema pallidum, 
— Myxovirus and paramyxovirus, 
— Enterovirus (Echo-Coxsackie B), 
— Epstein-Barr virus, 
— Herpes virus, 
unless women are proved to be adequately protected against such agents by immunization. 
(c) Chemical agents 
The following chemical agents: 
— substances labelled R40, R45, R46 and R47 under Directive 67/548/EEC (labelling of chemical 
substances), 
No C 25/12 Official Journal of the European Communities 1. 2. 91 
— chemical agents in Annex I of Directive 90/394/EEC on the protection of workers from the 
risks related to exposure to carcinogens at work, 
— as yet unlabelled pesticides, 
— mercury and mercury derivatives, 
— nitroderivatives- and chlorite derivatives of benzene hydrocarbons, 
— asbestos, 
— antimitotic drugs, 
— lead and lead derivatives, 
— carbon monoxide, 
— as yet unlabelled solvents, 
— chemical agents of known and dangerous percutaneous absorption. 
2. Processes 
Industrial processes listed in Annex I to Directive 90/394/EEC on the protection of workers from the 
risks related to exposure to carcinogens at work. 
3. Working conditions 
Underground work (mines).' 
Annex II is amended as follows: 
'ANNEX II 
LIST OF AGENTS REFERRED TO IN ARTICLE 3 (5) 
(a) Physical agents 
— Pressure in excess of atmospheric pressure. 
(b) Biological agents 
— Toxoplasma, 
— Rubella virus, 
unless women are proved to be adequately protected against such agents by immunization. 
(c) Chemical agents 
— Lead and lead derivatives.' 
New Annex III: 
'ANNEX III 
LIST OF AGENTS AND WORKING CONDITIONS REFERRED TO IN ARTICLE 3 (6) 
1. Agents 
PCB, PBB. 
2. Working conditions 
Underground work (mines).'