amending Directive 2009/148/EC on the protection of workers from the risks related to exposure to asbestos at work

A.Need for action

Why? What is the problem being addressed?

Occupational cancer is the main cause of work-related deaths in the EU. It is primarily caused by exposure to carcinogenic substances such as asbestos. Asbestos is a highly dangerous carcinogenic substance and although no longer in general use in the EU , it is still present in many older buildings. Exposure to asbestos can lead, for example, to mesothelioma and lung cancer, with a lag between exposure to asbestos and the first signs of disease of as much as 30 years. Of all cancers recognised as occupational cancer in the Member States, 78% are related to asbestos .

The risk of exposure is mostly related to the handling of asbestos and dispersion of asbestos fibres during construction works, such as during renovation and demolition. The pace of asbestos removal can vary between countries depending on the age of the building stock and the strategies for addressing asbestos, but the growing need to increase energy efficiency means that workers in all Member States are increasingly affected. This need reflects the ambition of the EU set in the European Green Deal to become the first climate-neutral continent by 2050. The exposure of workers to asbestos is thus expected to increase in all EU countries as the implementation of the Renovation Wave Strategy progresses. It is estimated that 4.1 to 7.3 million workers are exposed to asbestos, 97% of whom work in the construction sector.

In the EU, the protection of workers against risks related to exposure to asbestos is regulated by Directive 2009/148/EC (the Asbestos at Work Directive (AWD)). The most recent in‑depth evaluation of the AWD concluded that the AWD remains highly relevant and effective. The study supporting this evaluation concluded that there is evidence to support lowering the occupational exposure limit (OEL) value, to increase the relevance and effectiveness of the AWD. Revising the OEL is also supported by the latest assessment of the implementation of the EU Occupational Safety and Health (OSH) Directives, covering the period from 2013 to 2017. In addition, in November 2021, the tripartite Advisory Committee on Safety and Health at Work (ACSH) unanimously agreed on the need to lower the current OEL.

If no action is taken at EU level and considering only those occupations where exposure to asbestos currently occurs, an estimated 884 cases of cancer attributable to occupational exposure to asbestos will occur in the EU over the next 40 years. It is also predicted that 707 workers will die from cancer attributable to occupational exposure to asbestos over the same period. These estimated cancer cases will result in health costs of between EUR 228 million and EUR 438 million.

Number of exposed workers Health effects caused Expected no. of cases (2021-2061) Expected no. of deaths (2021-2061) Estimated health costs (net present value) 4 100 000-7 300 000 Lung cancer

Mesothelioma

Laryngeal cancer

Ovarian cancer 884 707 EUR 228 million-EUR 438 million

What is this initiative expected to achieve?

The main general objective of this initiative is to further strengthen workers’ right to a high level of protection of their health and safety at work and to prevent disease and death caused by work-related cancer.

To support this general objective, this initiative will pursue the specific objectives:

·to make the OEL value under the AWD more effective by updating it on the basis of scientific expertise; and

·to achieve a more uniform and better protection of workers across the EU against asbestos.

What is the value added of action at EU level?

Updating the AWD to take account of the latest available scientific evidence is an effective way to ensure that preventive measures are updated accordingly in all Member States.

Revising the OEL under the AWD will not completely eliminate the differences between Member States, but will lead to a greater harmonisation of limit values across the EU. Therefore, a revised EU OEL helps achieve a more harmonised and better protection of workers, and level the playing field for businesses across the EU. Companies willing to operate in multiple Member States can further benefit from streamlined applicable limit values. This may result in savings, as common solutions can be adopted across facilities, as opposed to having to design site-specific solutions to meet various OEL requirements in multiple Member States.

EU-level action will likely bring about fairer conditions for workers and lower healthcare costs that are more fairly distributed across Members States.

Revising the EU OEL eliminates the need for Member States to carry out their own scientific analysis, with likely substantial savings on administrative costs. Amending the AWD can only be done by action at EU level.