11.12.87 Official Journal of the European Communities No C 333/13 
II 
(Preparatory Acts) 
COMMISSION 
Amended proposal for a Council Directive on the protection of workers from the risks related 
to exposure to benzene at work (') 
COM(87) 526 final 
(Fifth individual Directive within the meaning of Article 8 of Directive 80/1107/EEC) 
(Submitted by the Commission to the Council pursuant to Article 149(3) of the EEC Treaty on 
12 November 1987) 
(87/C 333/05) 
(l) OJ No C 349, 31. 12. 1985, p. 32. 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, Preamble 
Amend as follows: 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 100 
thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European 
Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 118A 
thereof, 
Having regard to the proposal from the Commission, 
In cooperation with the European Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Recitals 
New recital 
Add the following new first recital: 
Whereas the Council is to adopt, by means of directives, 
minimum requirements in order to secure improvements, 
especially in the working environment as regards the 
health and safety of workers; 
Former first recital unchanged 
Second recital 
Whereas an examination of the measures taken by 
Member States to protect workers against the risks 
related to exposure to specified agents while at work Amend as follows: 
Whereas an examination of the measures taken by 
Member States to protect workers against the risks 
related to exposure to specified agents while at work 
No C 333/14 Official Journal of the European Communities 11.12.87 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
reveals certain differences; whereas, therefore, in the 
interest of balanced development, these measures, which 
directly affect the functioning of the common market, 
whereas this harmonization and improvement should be 
based on common principles; reveals certain differences; whereas, therefore, in the 
interest of balanced development, these measures should 
be harmonized while maintaining the improvements 
made; whereas this harmonization and improvement 
should be based on common principles; 
Third to ninth recitals unchanged 
10th recital 
Whereas preventive measures should be taken for the 
protection of the health and safety of workers exposed 
to benzene; Amend as follows: 
Whereas preventive measures must be taken for the 
protection of the health and safety of workers exposed 
to benzene; 
11th recital 
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 benzene can pose for their health, and 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, Amend as follows: 
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 benzene can pose for their health, and the 
measures necessary to lessen or eliminate those risks, and 
that they should, through co-determination, be in a 
position to ensure that the necessary protective measures 
are taken; 
New recitals 
Add the following new recitals: 
Whereas facilities, including adequate time off work 
without loss of earnings, should be provided by the 
employer which would assist workers' representatives to 
monitor, collate and act on information relating to 
workers' health; 
Whereas the provisions of this Directive represent 
minimum requirements, and do not prevent any Member 
State from maintaining or introducing more stringent 
measures for the protection of working conditions 
compatible with the Treaty; 
Whereas this Directive does not impose administrative, 
financial and legal constraints incompatible with the 
creation and development of small and medium-sized 
undertakings; 
Article 1, paragraphs 1 and 2 (unchanged) 
Article 1, paragraph 3 
3. This Directive shall not prejudice the right of 
Member States to apply or introduce laws, regulations or 
administrative provisions ensuring greater protection for Amend as follows: 
3. This Directive shall not prejudice the right of 
Member States to apply laws, regulations or 
administrative provisions requiring stricter standards, 
11.12.87 Official Journal of the European Communities No C 333/15 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
workers, in particular as regards the replacement of 
benzene by less dangerous substitutes. additional prohibitions and the use of less dangerous sub­
stitutes for benzene than those laid down in this Directive 
if they ensure greater protection for workers. 
Article 1, paragraph 4 (new) 
Add the following new paragraph: 
4. Benzene shall be replaced by less dangerous sub­
stitutes wherever this is technically possible. In such cases 
the use of benzene shall be prohibited. 
Article 1, paragraph 5 (new) 
Add the following new paragraph: 
5. Measures shall be taken to promote research into 
and development of safe or less dangerous substitutes for 
benzene and technologies which make the use of benzene 
unnecessary. 
Article 2 and Article 3, paragraphs 1 to 2 (unchanged) 
Article 3 paragraph 3 
3. If the assessment referred to in paragraph 2 shows 
that the workers' exposure to benzene, in the absence of 
any individual protective equipment is, in relation to an 
eight-hour reference period, lower than 3,25 mg/m3 
(1 ppm), then Articles 4, 7, 11, 13, 14 and 15 shall not 
apply. Amend as follows: 
3. If the assessment referred to in paragraph 2 shows 
that the workers' exposure to benzene, in the absence of 
any individual protective equipment is, in relation to an 
eight-hour reference period, lower than 3,25 mg/m3 
(1 ppm), then Articles 7, 11, 14 and 15 shall not apply. 
Article 3, paragraph 4 (new) 
Add the following new paragraph: 
4 (a) The concentration of benzene in the air, as defined 
in paragraph 3, shall be taken as the sole criterion 
only if there is no risk to health as a result of 
absorption through the skin. 
(b) A new assessment shall be carried out in the event 
that: 
— there is reason to believe that the assessment 
was incorrect, 
— there is a significant change in the activity to 
which the assessment relates. 
Article 4 
Subject to Article 3 (3), for all the activities referred to in 
Article 3 (1), employers shall keep and shall, when 
requested, make available to the responsible authority, 
information on: 
— the quantities of benzene used, 
— the activities and processes carried out, Amend as follows: 
For all the activities referred to in Article 3 (1), 
employers shall be obliged to keep and, when requested, 
to make available to the responsible authority, infor­
mation on: 
— the quantities of benzene used, 
— the activities and processes carried out, 
No C 333/16 Official Journal of the European Communities 11. 12. 87 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
the substances, preparations or products manu­
factured which contain benzene, 
the number of workers exposed, 
the preventive measures taken, 
the type of protective equipment used. the substances, preparations or products manu­
factured which contain benzene, 
the number of workers exposed, 
the preventive measures taken, 
the type of protective equipment used. 
Article 5 (introduction) 
For all the activities referred to in Article 3 (1), workers' 
exposure must be reduced to as low a level as is 
reasonably practicable, and in particular by the following 
measures, as appropriate: Amend introductory phrase as follows: 
For all the activities referred to in Article 3(1), workers' 
exposure must be reduced to a minimum, and in 
particular by the following measures: 
Article 5, indent a) 
(a) The quantity of benzene used in each case must be 
limited to the minimum which is reasonably 
practicable: Replace by the following: 
a) If a less dangerous substitute exists, then it must, as a 
matter of principle, be used in place of benzene. If no 
substitute exists, then the quantity of benzene must be 
limited to the absolute minimum; 
Article 5, indents (b) and (c) (unchanged) 
Article 5, indent (d) 
(d) waste containing benzene shall be collected in 
suitably sealed containers and removed from the 
place of works as soon as possible. Amend as follows: 
(d) waste containing benzene, including waste resulting 
from the cleaning of extracted air, shall be collected 
in suitably sealed containers, removed from the place 
of work as soon as possible and transferred to a safe 
disposal plant by the responsible authority. 
Article 6, paragraph 1 (unchanged) 
Article 6, paragraph 2 
2. Employers shall ensure that all containers and 
packages containing benzene are suitably labelled. Amend as follows: 
(2) Employers shall be obliged to ensure that all 
containers and packages containing benzene bear unam­
biguous and clearly-visible labels. 
Article 6, paragraph 3 
3. Whenever benzene or waste containing benzene is 
transported the labelling and packaging requirements in 
international conventions or national legislation on the 
transport of dangerous goods must be observed. Amend as follows: 
3. Whenever benzene, substances containing benzene 
or waste containing benzene is transported, the labelling 
and packaging requirements in international conventions 
or national legislation on the transport of dangerous 
goods must be observed if the national legislation is more 
restrictive and guarantees more thorough protection than 
the provisions of this Directive. 
11.12.87 Official Journal of the European Communities No C 333/17 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
Article 7 (unchanged) 
Article 8 
The limit value shall be 16,25 mg/m3 (5 ppm) time 
weighted for a period of eight hours. Amend as follows: 
Until 31 December 1991 the limit value shall be 
16,25 mg/m3 (5 ppm) time-weighted for a period of eight 
hours. 
From 1 January 1992 the limit value shall be 9,75 mg/m3 
(3 ppm) time-weighted for a period of eight hours. 
In the case of Spain and Portugal, application of the limit 
value applicable from 1992 may be postponed until 
1 January 1995 at the latest. That time limit shall not be 
exceeded. 
Article 9, paragraph 1 
1. When the limit value laid down in Article 8 is 
exceeded, the reasons for the limit being exceeded must 
be identified and appropriate measures to remedy the 
situation must be taken as soon as possible. Amend as follows: 
1. When the limit value laid down in Article 8 is 
exceeded, the reasons for the limit being exceeded must 
be identified and appropriate measures to remedy the 
situation must be taken at once. 
Article 9, paragraphs 2 to 4 (unchanged) 
Article 10 
In the case of certain activities in respect of which it is 
foreseeable that the limit value laid down in Article 8 will 
be exceeded and in respect of which further technical 
preventive measures for limiting workers' exposure to 
benzene are not reasonably practicable, the employer 
shall determine the measures intended to ensure 
protection of workers while they are engaged in such 
activities and, in particular, workers shall be issued with 
protective equipment and in particular suitable 
respiratory equipment which must be worn. Amend as follows: 
In the case of certain activities which are of limited 
duration and to be regarded as exceptional, in respect of 
which further technical preventive measures for limiting 
workers' exposure to benzene are not reasonably 
practicable, the employer shall, with the approval of the 
workers or their representatives, determine the measures 
intended to ensure protection of workers while they are 
engaged in such activities and, in particular, workers 
shall be issued with protective equipment, and especially 
suitable respiratory equipment, which must be worn. 
Article 11, paragraph 1, introduction and indent (a) (unchanged) 
Article 11, paragraph 1 (b) 
(b) areas are set aside where workers can eat and drink 
without risking contamination by benzene; Amend as follows: 
(b) suitable rooms are provided, separate from the areas 
in which benzene is used, where workers can eat and 
drink without risking exposure to benzene; 
Article 11, paragraph 1 (c) (i) and 1 (c) (ii) (unchanged) 
No C 333/18 Official Journal of the European Communities 11.12.87 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
Article 11, paragraph 1 (c) (iii) 
Amend as follows: 
(iii) protective equipment is placed in a well-defined 
place and is checked, if possible before, and in any 
case after each use; appropriate measures are taken 
to repair or replace defective equipment before 
further use; (iii) protective equipment is placed in a well-defined 
place and is checked before use and after use; 
appropriate measures are taken to repair or replace 
defective equipment before further use; 
Article 11, point 1 (d) (new) 
Add the following new indent: 
(d) workers' representatives are elected to monitor the 
workers' health. 
Article 11, paragraph 2 
Workers shall not be charged for the cost of measures 
taken pursuant to paragraph 1. Amend as follows: 
The cost of measures taken pursuant to paragraph 1 shall 
be borne by the employers. 
Article 12, introduction 
Amend as follows: 
Appropriate measures shall be taken by the employer to 
ensure that workers and their representatives in the 
undertaking or establishment receive adequate infor­
mation concerning: Employers shall be obliged to take appropriate measures 
to ensure that workers and their representatives receive 
comprehensive information and training concerning: 
Article 12, indent (a) 
(a) potential risks to health; Complete as follows: 
(a) potential risks to health and measures to prevent such 
risks; 
Article 12, indents (b) to (e) (unchanged) 
Article 12, indent (f) (new) 
Add the following new indent: 
(f) the monitoring of the health of workers by their 
elected representatives, including the arranging of 
training at local colleges for workers' representatives 
on methods of collecting information on the health of 
workers and, if asked by the workers , the health of 
workers families and, if required, the use of computer 
technology to assist them for the purpose. 
11.12.87 Official Journal of the European Communities NoC333/19 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
Article 12, indent (g) (new) 
Add the following new indent: 
(g) adequate agreed time off work without loss of pay to 
enable the elected workers' representatives to carry 
out the duties arising from this Directive. 
Article 13, introduction 
Amend as follows: 
Subject to Article 3 (3), for all the activities referred to in 
Article 3 (1) appropriate measures shall be taken to 
ensure that: For all the activities referred to in Article 3 (1), 
employers shall be obliged to take appropriate measures 
to ensure that: 
Article 13, indent (a) (unchanged) 
Article 13, indent (b) 
(b) workers and any workers' representatives in under­
takings or establishments are informed as quickly as 
possible when the limit value referred to in Article 8 
is exceeded, of the causes thereof, and of the 
measures taken or to be taken to rectify the 
situation; Amend as follows: 
(b) workers and any workers' representatives in under­
takings or establishments are informed at once when 
the limit value referred to in Article 8 is exceeded, of 
the causes thereof, and of the measures taken or to 
be taken to rectify the situation: 
Article 13, indent (c) (unchanged) 
Article 13, indent (d) 
(d) the doctor and the authority responsible as well as 
all other persons who have responsibility for health 
and safety at work shall have access to the records 
referred to in subparagraph (c); Amend as follows: 
(d) the doctor, the authority responsible and the 
workers' representatives as well as all other persons 
who have responsibility for health and safety at work 
shall have access to the records referred to in 
subparagraph (c); 
Article 13, indent (e) (unchanged) 
Article 13, indent (f) 
(f) the workers and any workers' representatives shall 
have access to anonymous, collective information in 
the records; Amend as follows: 
(f) the workers and any workers' representatives shall 
have access to collective information in the records; 
Article 13, indent (g) (unchanged) 
No C 333/20 Official Journal of the European Communities 11. 12. 87 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
Article 13, indent (h) (new) 
Add the following new indent: 
(h) agreement is reached between the employer and the 
elected workers' representatives on adequate time off, 
without loss of pay, for elected workers' repre­
sentatives to enable them to carry out the duties 
arising from this Directive; 
Article 13, indent (i) (new) 
Add the following new indent: 
(i) the workers or their representatives have the right to 
ask the employer to take appropriate measures to 
ensure that risks associated with benzene cannot arise 
and that sources of risk are eliminated immediately. 
Article 14, introduction and points 1 to 5 (unchanged) 
Article 14, point 6 (new) 
Add the following new point: 
6. The employer shall provide facilities to assist elected 
workers' representatives in their duties under this 
Directive, including offices, secretarial assistance and 
computer technology should the workers' repre­
sentatives require it. 
Article 15 (unchanged) 
Article 16 
Amend as follows: 
Member States shall keep national statistics of Member States shall keep national statistics of 
recognized cases of occupational diseases due to recognized cases of occupational diseases due to 
benzene. benzene. 
These statistics shall be updated in the light of new 
evidence. 
Articles 17 and 18 (unchanged) 
Annex I, paragraph 1 
Amend as follows: 
1. Workers' exposure shall be measured at least every 1. Workers' exposure shall be measured at least every 
three months and, in any case, whenever a technical three months and, in any case, whenever a technical 
change results in increased exposure. change results in increased exposure or at the request 
of the workers or their representatives. The quality of 
the air at the workplace shall be constantly monitored. 
11.12.87 Official Journal of the European Communities No C 333/21 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
Annex I, paragraph 2, introduction 
Amend as follows: 
2. The frequency of measurements may be reduced to 2. The frequency of measurement may be reduced to 
once a year where: twice a year where: 
Annex I, paragraph 2, first indent (unchanged) 
Annex I, paragraph 2, second indent 
Amend as follows: 
— the results of the two preceding measurements — the results of the two preceding measurements 
performed at a suitable time interval have not performed at a suitable time interval have not 
exceeded half the limit value laid down in Article 8. exceeded a third of the limit value laid down in 
Article 8. 
Annex I, paragraph 2, last subparagraph 
Where groups of workers are performing identical or 
similar tasks at the same place and are thus being 
exposed to the same health risk, sampling may be carried 
out on a group basis, such that it is representative of the 
group. Amend as follows: 
Where groups of workers are performing identical or 
similar tasks and are thus being exposed to the same 
health risk, sampling may be carried out on a group 
basis, such that it is representative of the group. 
Annex I, paragraphs 3 and 4 (unchanged) 
Annex II, paragraphs 1 and 2 (unchanged) 
Annex II, paragraph 3 
Health surveillance of exposed workers should be 
carried out in accordance with principles and 
practices of occupational medicine and should include 
at least the following measures: 
— keeping records of a worker's medical and occu­
pational history, 
— a personal interview, 
— adequate medical surveillance, 
— an appropriate blood examination. Add the new fifth and sixth indents: 
3. Health surveillance of exposed workers should be 
carried out in accordance with the principles and 
practices of occupational medicine and should include 
at least the following measures: 
— keeping records of a worker's medical and occu­
pational history, 
— a personal interview, 
— adequate medical surveillance, 
— an appropriate blood examination. 
— appropriate tests in the event of a high or excessive 
level of exposure, 
— in the event of a serious risk to health, discussions 
shall take place between the employer and the 
worker, with the participation of the workers' 
representatives, with a view to employing the 
worker in another job, not involving exposure to 
benzene without loss of pay or status.