WRITTEN QUESTION E-1718/97 by Hiltrud Breyer (V) to the Commission (23 May 1997)

Subject: EU Directive on protection against harmful biological materials in the work-place

According to an as yet unpublished study by the Berlin Federal Institute for Industrial Safety and Medicine (see Der Spiegel, 30 December 1996), the air at conveyor belts at 'Green Point' sorting centres for recyclable waste materials contains up to one million bacilli per cubic metre. In addition, some 400 stab wounds and cuts caused by sharp-edged objects such as tins in packaging waste on the belts are reported each year. This makes sorting centres some of the most hazardous work-places in Germany (much on a par with factory farming).

1. Is the Commission aware of the findings of the analysis by the Berlin Federal Institute of blood samples from 400 waste processing workers (commissioned by the Ministry of Labour in Bonn)?

2. What levels of air contamination are currently permitted at sorting centres? What protective measures are employers required to take? To what extent does the Commission check air quality at various work-places? Are the findings on pollution levels in the work-place published?

3. When will the Commission submit its proposal for a Directive on protection against harmful biological materials?

4. What will the Commission do about the extremely high exposure levels in the work-place? Does the Directive provide for limits on the contamination of air breathed by workers at sorting centres?

Answer given by Mr Flynn on behalf of the Commission (4 July 1997)

1. The Commission has not seen the as yet unpublished findings referred to by the Honourable Member. However, it is aware of the health and safety problems which may occur during waste processing. It is examining the possibilities of a detailed analysis of the measures needed in order to prevent or reduce the risks associated with the exposure of workers to potentially dangerous substances in this area of activity. This initiative is part of the Community programme on safety, health and hygiene at work (1996-2000).

2., 3. and 4. As regards existing legislation on this subject at European level, Council Directive 89/391/EEC (framework Directive) on the introduction of measures to encourage improvements in the safety and health of workers at work ((OJ L 183, 29.6.1989. )) applies to all sectors of activity. The Directive requires the employer to ensure the safety and health of workers in every aspect related to their work. Taking into account the nature of the activities of the undertaking or establishment, the employer must evaluate the risks to the safety and health of workers - also in connection with selecting work equipment and fitting out workplaces. The preventive measures and working and production methods implemented by the employer following this evaluation must ensure an improvement in the level of protection of workers' safety and health and be an integral part of the overall activities of the undertaking or establishment at all hierarchical levels.

Directive 90/679/EEC on the protection of workers from risks related to exposure to biological agents at work ((OJ L 374, 31.12.1990. )) (7th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC), as amended by Directives 93/88/EEC ((OJ L 268, 29.10.1993. )) and 95/30/EC ((OJ L 155, 6.7.1995. )), applies to activities in which workers are exposed, or potentially exposed, to biological agents as a result of their work. In the case of any activity likely to involve a risk of workers being exposed to biological agents, the nature, degree and duration of exposure must be determined so that it is possible to assess any risk to workers' health or safety and specify the measures to be taken. The Directive indicates specific protective measures to be applied depending on the result of the risk assessment.

The prevention approach set out in this Directive includes the replacement of a dangerous biological agent by one which is not dangerous or less dangerous. Where the results of the risk assessment reveal a risk to workers' health or safety, exposure must be prevented. Where this is not technically practicable, the risk of exposure must be reduced to as low a level as is necessary in order to adequately protect the health and safety of the workers concerned. Consequently, the Directive makes provision for application of the means for safe collection, storage and disposal of waste by workers after suitable treatment where appropriate.

The Commission would like to emphasise the fact that as soon as the national authorities transpose these Directives into national law, it is the responsibility of the national institutions to ensure that employers comply with national implementing measures. For its part the Commission verifies the correct and effective transposition by the Member States of secondary legislation measures. Only in cases where problems with applying national transposition measures could effectively be shown might the Commission decide, where appropriate, to initiate infringement proceedings under Article 169 of the EC Treaty.