8. 2. 88 Official Journal of the European Communities No C 34/9 
Proposal for a Council Directive on the protection of workers from the risks related to exposure to 
carcinogens at work (sixth individual Directive within the meaning of Article 8 of Directive 
80/1107/EEC) 
COM(87) 641 final 
(Submitted by the Commission to the Council on 21 December 1987) 
(88/C 34/03) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 118A 
thereof, 
Having regard to the proposal from the Commission, drafted 
following consultation with the Advisory Committee on 
Safety, Hygiene and Health Protection at Work, 
In cooperation with the European Parliament, 
Having regard to the opinion of the Economic and Social 
Committee, 
Whereas, pursuant to Article 118A of the Treaty, the 
Council shall adopt, by means of Directives, minimum 
requirements in order to encourage improvements, especially 
in the working environment, as regards the health and safety 
of workers; 
Whereas the Council resolution of 27 February 1984 on a 
second action programme of the European Communities on 
safety and health at work (*) provides for the development of 
protective measures for workers exposed to carcinogens; 
Whereas 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) laid down such principles which have to be taken 
into account for such protection; 
Whereas, under the terms of the said Directive, such 
protection should as far as possible be ensured by measures to 
prevent exposure or to keep it at as low a level as is 
reasonably practicable; 
Whereas 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) contains a list of 
dangerous substances, together with particulars of the 
classification and labelling procedures in respect of each 
substance; whereas this list has been adapted in the light of 
scientific and technical knowledge, most recently by 
Directive 87/432/EEC(4); 
(») OJNoC67, 8. 3. 1984, p. 2. 
(2) OJ No L 327, 3. 12. 1980, p. 8. 
(3) OJNo 196, 16. 8. 1967, p. 1. 
(4) OJ No L 239, 21. 8. 1987, p. 1. Whereas the proposal for a plan of action 1987 to 1989 
contained in the 'Europe against cancer' programme(5) 
provides for Directives for the protection of workers against 
carcinogenic substances; 
Whereas, although current scientific knowledge is not such 
that a level can be established below which risks to health 
cease to exist, a reduction in exposure to carcinogens will 
nonetheless reduce these risks; 
Whereas employers must keep abreast of new developments 
in technology with a view to improving the protection of 
workers' health and safety; 
Whereas preventive measures should be taken for the 
protection of the health and safety of workers exposed to 
carcinogens; 
Whereas it is necessary, in order to ensure the highest degree 
of protection reasonably practicable, that workers and their 
representatives be informed about the risks which 
carcinogens can pose for their health and about the measures 
necessary to lessen or eliminate those risks and that they 
should be in a position to ensure that the necessary protective 
measures are taken, 
HAS ADOPTED THIS DIRECTIVE: 
OBJECTIVE 
Article 1 
1. This Directive, which is the sixth individual Directive 
within the meaning of Article 8 of Directive 80/1107/EEC, 
has as its aim the protection of workers against risks to their 
health and safety, including the prevention of such risks, 
arising or likely to arise from exposure to carcinogens at 
work. 
2. This Directive shall not apply to workers: 
— engaged in sea transport and in air transport. For the 
purpose of this Directive 'workers engaged in sea 
transport and in air transport' means personnel on 
board, 
— exposed only to ionizing radiations. 
(5) OJNoC50, 26. 2. 1987, p. 1. 
No C 34/10 Official Journal of the European Communities 8. 2. 88 
DEFINITION 
Article 2 
For the purposes of this Directive, a carcinogen is: 
— a chemical agent as designated in Annex I by its number in 
the Chemical Abstracts Service register, 
— an industrial process as designated in Annex II. 
ASSESSMENT 
Article 3 
1. This Directive shall apply to activities in which 
workers are or are likely to be exposed to carcinogens as a 
result of their work. 
2. In the case of any activity or sector of activity likely to 
involve a risk of exposure to carcinogens the risk must be 
assessed in such a way as to determine the nature and degree 
of the workers' exposure. 
PREVENTION OF EXPOSURE 
Article 4 
1. In the case of any activity or sector of activity likely to 
involve a risk of exposure to a carcinogen the exposure of 
workers shall be prevented in so far as is reasonably 
practicable by ensuring that the production and use of that 
carcinogen take place in a closed system. 
2. Employers shall make the necessary arrangements to 
identify any activity or sector of activity in which it is not 
reasonably practicable to use a closed system. In all case the 
exposure of workers must be reduced to as low a level as is 
reasonably practicable, in particular through the use of some 
or all of the following measures as appropriate: 
(a) limitation of the use of a carcinogen at the place of work, 
in particular by its replacement by another agent or 
process which is less dangerous to workers' health; 
(b) limitation of the number of workers exposed or likely to 
be exposed; 
(c) design of work processes and engineering control 
measures so as to avoid or to minimize the release of 
carcinogens into the place of work; 
(d) use of adequate measurement procedures for 
carcinogenic agents, in particular for the early detection 
of abnormal exposures due to an unforeseeable event or 
an accident; (e) application of suitable working procedures and 
methods; 
(f) collective protection measures; 
(g) individual protection measures, where exposure cannot 
reasonably be avoided by other means; 
(h) hygiene measures; 
(i) information for workers; 
(j) use of warning and safety signs including 'no smoking' 
signs in areas where workers are exposed or likely to be 
exposed to carcinogens; 
(k) surveillance of the health of workers; 
(1) keeping of updated lists of workers exposed or likely to 
be exposed and of health surveillance records; 
(m) emergency measures for abnormal exposures; 
(n) means for adequate safe storage, handling and 
transportation, in particular by using sealed and properly 
labelled containers; 
(o) means for safe collection, storage and disposal of waste, 
including the use of sealed and properly labelled 
containers. 
INFORMATION FOR THE COMPETENT AUTHORITIES 
Article 5 
For every activity referred to in Article 3(1), employers shall, 
when so requested, make available to the competent 
authorities appropriate information on: 
— the activities and/or industrial processes carried out, 
including the reasons for which carcinogens are used, 
— the quantities of substances or preparations 
manufactured or used which contain carcinogenic 
agents, 
— the number of workers exposed, 
— the preventive measures taken, 
— the type of protective equipment used. 
ABNORMAL EXPOSURES 
Article 6 
In the event of an unforeseeable event or an accident which is 
likely to result in an abnormal exposure of workers: 
(a) only those workers who are required to take remedial 
action and carry out other necessary work shall be 
permitted to work in the affected zone; 
8. 2. 88 Official Journal of the European Communities No C 34/11 
(b) the workers concerned shall be provided with protective 
clothing and individual respiratory protection 
equipment which they must wear as long as the 
abnormal exposure persists; that exposure may not be 
permanent and shall be kept to the strict minimum of 
time necessary for each worker; 
(c) unprotected workers shall not be allowed to work in the 
affected areas until the situation has been restored to 
normal, and the causes for the increase eliminated. 
Article 7 
For certain activities such as maintenance, in respect of which 
it is foreseeable that there will be a significant increase in 
exposure of workers, and in respect of which further 
technical preventive measures for limiting workers' exposure 
are not reasonably practicable, the employer shall determine 
the collective measures intended to reduce the duration of 
workers' exposure to the minimum possible and to ensure 
adequate protection of workers while they are engaged in 
such activities. 
In particular, Article 6 (b) shall apply. 
ACCESS TO AREAS 
Article 8 
Appropriate measures shall be taken to ensure that access to 
the places in which the activities referred to in Article 3(1) 
take place is restricted solely to workers who, by reason of 
their work or duties, are required to enter them. 
PROTECTIVE CLOTHING AND EQUIPMENT 
Article 9 
1. Appropriate measures shall be taken, where this is 
reasonably practicable, to ensure that: 
(a) workers do not eat, drink or smoke in working areas 
where there is a risk of contamination by 
carcinogens; 
(b) (i) workers are provided with appropriate protective 
clothing or other appropriate special clothing, 
(ii) separate storage places are provided for working or 
protective clothing and for street clothes; 
(c) workers are provided with appropriate and adequate 
washing and toilet facilities; including showers in the 
case of dusty operations; (d) protective equipment is properly stored in a well-defined 
place and is checked and cleaned if possible before, and 
in any case after, each use; defective equipment shall be 
repaired or replaced before further use. 
2. Workers may not be charged for the cost of these 
measures. 
INFORMATION AND TRAINING 
Article 10 
1. Appropriate measures shall be taken by the employer 
to ensure that workers and /or any workers' representatives 
in the undertaking or establishment receive adequate 
information, regular training and instructions concerning: 
(a) potential risks to health; 
(b) the precautions to be taken to prevent exposure; 
(c) hygiene requirements; 
(d) wearing and use of protective equipment and 
clothing; 
(e) steps to be taken by workers, including rescue workers, 
in the case of incidents and to prevent incidents. 
2. Employers shall ensure that workers are adequately 
informed of installations and related containers containing 
carcinogens and that, where appropriate, such information 
takes the form of suitable warning and hazard signs. 
Article 11 
Appropriate measures shall be taken to ensure that: 
(a) workers and/or any workers' representatives in the 
undertaking or establishment can check that this 
Directive is applied or be involved in its application, in 
particular with the selection, wearing and use of 
protective clothing and equipment; 
(b) workers and/or workers' representatives in the 
undertaking or establishment are informed as quickly as 
possible of abnormal exposure, of the causes thereof and 
of the measures taken or to be taken to rectify the 
situation; 
(c) the employer keeps a list of the workers engaged in the 
activities referred to in Article 3 (1), indicating where 
appropriate the exposure to which they may have been 
subjected; 
No C 34/12 Official Journal of the European Communities 8. 2. 88 
(d) the doctor and/or the competent authority as well as all 
other persons who have responsibility for health and 
safety at work have access to the list referred to at (c); 
(e) each worker has access to the information in the list 
which relates to him personally; 
(f) workers and/or any workers' representatives in the 
undertaking or establishment have access to anonymous, 
collective information; 
(g) workers and/or any workers' representatives in the 
undertaking or establishment can receive information on 
the potential risks to health from exposure to 
carcinogens. 
HEALTH SURVEILLANCE 
Article 12 
1. Special arrangements for carrying out the relevant 
health surveillance of workers exposed to carcinogens shall 
be established by the Member States in accordance with 
national laws and practice. > 
2. The arrangements referred to in paragraph 1 shall be 
such that each worker exposed to carcinogens shall be able to 
undergo an assessment of his state of health: 
— prior to exposure, 
— at regular intervals thereafter. 
This assessment shall be such that it is directly possible to 
implement hygiene and individual measures. 
3. If a worker is found to be suffering from an 
abnormality which is suspected to be the result of exposure to 
carcinogens, the doctor or the authority competent for the 
health surveillance of workers may require other workers 
who have been similarly exposed to undergo health 
surveillance, and a reassessment of the risk of exposure shall 
be carried out in accordance with Article 3 (2). 
4. In cases where health surveillance is carried out, an 
individual health record shall be kept and the doctor or the 
authority competent for health surveillance shall propose any 
protective or preventive measures to be taken in respect of 
any individual worker. 
5. Information and advice must be given to workers 
regarding any health surveillance which they may undergo 
following the end of exposure. 6. The workers concerned or the employer may request a 
review of the assessment referred to in this Article, in 
accordance with national laws and practice. 
7. Practical recommendations for the health surveillance 
of workers is given in Annex III. Those recommendations 
may be adapted in the light of technical progress as provided 
for in Article 10 of Directive 80/1107/EEC. 
RECORD KEEPING 
Article 13 
The following measures shall be taken: 
1. The list referred to in Article 11 (c) and the health record 
referred to in Article 12 (4) shall be kept for at least 30 
years following the end of exposure, in accordance with 
national laws and practice. 
2. Those records shall be made available to the competent 
authority in cases where the undertaking ceases its 
activity, in accordance with national laws and 
practice. 
NATIONAL STATISTICS 
Article 14 
Member States shall keep national statistics of recognized 
cases of occupational diseases due to carcinogens. 
FINAL PROVISIONS 
Article 15 
1. Member States shall adopt the laws, regulations and 
administrative provisions necessary to comply with this 
Directive by 31 December 1989. They shall immediately 
inform the Commission thereof. 
2. Member States shall communicate to the Commission 
the provisions of national law which they adopt in the field 
governed by this Directive. 
Article 16 
This Directive is addressed to the Member States. 
8. 2. 88 Official Journal of the European Communities No C 34/13 
ANNEX I 
LIST OF CARCINOGENIC AGENTS 
(to which reference is made in Articles 2 and 3 (3) and (4)) 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
' 14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 CAS (>) No 
of agent 
00107-13-1 
01327-53-3 
00542-88-1 
10108-64-2 
13765-19-0 
00107-30-2 
00096-12-8 
00091-94-1 
— 
00064-67-5 
00079-44-7 
00057-14-7 
00077-78-1 
00106-89-8 
00106-93-4 
00075-21-8 
00680-31-9 
00101-14-4 
00602-87-9 
00581-89-5 
00079-46-9 
00062-75-9 
00119-90-4 
— 
01120-71-4 
00057-57-8 
00075-55-8 
07789-06-2 
00119-93-7 
— 
13550-65-9 EEC No 
of agent 
608-003-00-4 
033-003-00-0 
603-046-00-5 
048-008-00-3 
024-008-00-9 
603-075-00-3 
602-021-00-6 
612-068-00-4 
612-069-00-X 
016-027-00-6 
006-041-00-0 
007-012-00-5 
016-023-00-4 
603-026-00-6 
602-010-00-6 
603-023-00-X 
015-106-00-2 
612-078-00-9 
609-037-00-2 
609-038-00-8 
609-002-00-1 
612-077-00-3 
612-036-00-X 
612-037-00-5 
016-032-00-3 
606-031-00-1 
613-033-00-6 
024-009-00-4 
612-041-00-7 
612-081-00-5 
024-007-00-3 Name of agent 
Acrylonitrile 
Arsenic trioxide 
Bis (chloromethyl) ether 
Cadmium chloride 
Calcium chromate 
Chloromethyl methyl ether 
1,2-dibromo-3-chloropropane 
3,3' -dichlorobenzidine 
Salts of 3,3' -dichlorobenzidine 
Diethyl sulphate 
Dimethylcarbamoyl chloride 
N ,N-dimethylhydrazine 
Dimethyl sulphate 
Epichlorohydrin 
Ethylene dibromide 
Ethylene oxide 
Hexamethylphosphoric triamide 
4,4' -methylene bis (2-chloroaniline) 
5-nitroacenaphthene 
2-nitronaphthalene 
2-nitropropane 
N-nitrosodimethylamine 
o-dianisidine 
Salt of O-dianisidine 
1,3-propanesultone 
Propanolide 
Propyleneimine 
Strontium chromate 
O-tolidine 
Salt of O-tolidine 
Zinc chromate Formula 
C3H3N 
As203 
C2H4C120 
CdCl2 
CaCr04 
C2H5C10 
C3HsBr2Cl 
C12H10C12N2 
C12H10C12N2 
v^rllOW^ 
C3H6ClNO 
C2H8N2 
C2H604S 
C3HSC10 
C2H4Br2 
C2H40 
C6H18N3OP 
C13H12C12N2 
C12H9N02 
C10H7NO2 
C3H7N02 
C2H6N20 
C14H)6N202 
C14H16N202 . 
C3H603S 
C3H402 
C3H7N 
Cr04Sr 
C14H16N2 
C14H16N2 
Cr04Zn 
(') Number in the register of the Chemical Abstract Service (CAS). 
No C 34/14 Official Journal of the European Communities 8. 2. 88 
ANNEX II 
INDUSTRIAL PROCESSES 
1. Auramine manufacture 
2. Boot and shoe manufacture (certain occupations) 
3. Coal gasification (older processes) 
4. Coke production 
5. Furniture manufacture (wood dust) 
6. Isopropyl alcohol manufacture (strong acid process) 
7. Nickel refining 
8. Rubber industry (certain occupations, such as milling, extruding 
and vulcanization) AGENTS PROBABLY CONCERNED 
Auramine 
Leather dust 
Coal tar and coal tar fumes 
Certain hydrocarbons polynuclear aromatic 
Coal tar and coal tar fumes 
Certain hydrocarbons polynuclear aromatic 
Certain wood dusts 
Isopropyl alcohol 
Nickel subsulphide 
Nickel oxides 
Certain aromatic amines 
Certain organic solvents 
ANNEX III 
PRACTICAL RECOMMENDATIONS FOR THE HEALTH SURVEILLANCE OF WORKERS, AS 
REFERRED TO IN ARTICLE 12 (7) 
1. The doctor and / or authority competent for the health surveillance of workers exposed to carcinogens must be 
familiar with the exposure conditions or circumstances of each worker. 
2. Health surveillance of workers should be carried out in accordance with the principles and practices of 
occupational medicine; it should include at least the following measures: 
— keeping records of a worker's medical and occupational history, 
— a personal interview, 
— where appropriate, biological monitoring, as well as detection of early and reversible effects. 
Further tests should be decided upon for each worker when he is the subject of health surveillance, in the light 
of the most recent knowledge available to occupational medicine.