Proposal for a COUNCIL DIRECTIVE amending for the first time Directive 90/394/EEC on the protection of workers from the risks related to exposure to carcinogens at work
Date: 1995-09-13
Institutions: European Commission
Subjects: carcinogenic substance, occupational health, occupational safety, safety standard

COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

Brussels,  13.09.1995 
COM(95) 425  final 

95/0229  (SYN) 

Proposal  for  a 

COUNCIL  DIRECTIVE 

amending  for  the  first  time  Directive  90/394/EEC 
on  the  protection  of workers  from  the 
risks  related  to  exposure  to  carcinogens  at  work 

(presented  by  the  Commission) 

A 

Proposal  for  a Council  Directive 
amending  for  the  first  time  Directive  90/394/EEC 
on  the  protection  of  workers  from  the 
risks  related  to  exposure  to  carcinogens  at  work 

EXPLANATORY  MEMORANDUM 

1. 

Introduction 

a) 

Reason  for  Community  action 

The approval by the Council on 28 June  1990 of Directive 90/394/EEC on the protection 
of workers from  the risks related to exposure to carcinogens at work(1) was a major  step 
forward  in the  improvement  of  protection  of  the  health  and  safety  of  workers. 

This Directive,  which  was  due  to  enter  into force  not  later  than  31  December  1992  at 
the  latest,  stipulates  that  employers  must  ensure  that  the  level  of  exposure  of  workers 
is reduced  to  as  low  a  level  as  is technically  possible. 

It is also significant  that the Directive provides for the establishment  of limit values and 
on  the  basis  of  the  available  information,  including  scientific  and  technical  data,  in 
respect  of  all  those  carcinogens  for  which  this is  possible,  and,  where  necessary,  other 
directly  related  provisions. 

The  main  purpose  of  this  proposal  for  an  amendment  to  Directive  90/394/EEC  is  the 
resolve  oft-reiterated  by  the  various  Community  institutions  to  set  limit  values  for 
occupational  exposure  to  carcinogens,  starting  with  benzene.  The  latter  substance  was 
in  fact  the  subject  of  a  proposal  for  a  directive  submitted  by  the  Commission  to  the 
Council  in  January  1986 but  which  was  not  in the  end  adopted  because  of  divergences 
between  the  Member  States  as  regards  certain  limit  values  proposed,  and  particularly 
because  of  the  stated  aim  to  adopt  a  single  directive  covering  carcinogens  at the  place 
of  work. 

')  OJ  No  L  196, of  26.7.1990,  p. 1 

The wording of the existing directive also excludes, as regards the protection of workers, 
a whole series of preparations  such as medicinal  preparations,  cosmetics and  pesticides. 
The present  modification  removes this  exclusion. 

Lastly,  the  submission  of  this  amendment  has  also  been  taken  as  an  opportunity  to 
improve the wording of two specific points of Directive 90/394/EEC, viz.  Art. 3(3) and 
Annex  I (2), which  had given  rise to diverging  interpretations  in the  different  language 
versions. 

b) 

Subsidiarity 

The  proposal  does  not  breach  the  principle  of  subsidiarity,  because  it  is  only  by 
Community  action that a minimum level of protection for workers from  the risks related 
to  exposure  to  carcinogens  can  be  assured  in  all  Member  States.  This  action  will  also 
avoid any distortion in the area of competitiveness by preventing the unequal  application 
of  minimum  standards  for  worker  protection  in  one  or  other  Member  States. 

Moreover  this  proposal  will  encourage  more  flexibility  in  cross  border  employment 
because  workers  can  be  reassured  that  they  will  find  at  least  the  minimum  level  of 
protection  of  their  health  and  safety  in  all  Member  States.  Employers  will  also  be 
reassured  that  the  costs  of  production  will  not  be  unduly  distorted  as  a  result  of 
differences  in  the  levels  of  protection  of  health  and  safety  at  work. 

2. 

Benzene 

Benzene is a colourless liquid and a normal  constituent in petroleum;  it is present in low 
concentrations  in  the  natural  environment. 

The extraction  of benzene for  commercial  purposes  dates from  1849, the benzene being 
derived  from  coal;  today,  however,  approximately  90%  of  benzene  is  obtained  by  the 
distillation  of  petroleum,  using  various  processes,  such  as  fractional  distillation  of 
catalytic  cracking. 

Benzene is mainly used as a raw material  in the manufacture  of organic compounds such 
as phenol,  styrene,  cyclohexone  and  maleic anhydride;  as a component  of  petroleum,  it 
is  also  present  in  petrol  (4%  on  average  in  Europe).  In  the  past  benzene  was  widely 
used  as a solvent, but this use is now being abandoned  in the more highly  industrialised 
countries,  because  of  the  risk  to the  health  of  the  users.  However,  it  is  still  used  as a 
laboratory  reagent,  in  the  collection,  preparation  and  extraction  of  samples. 

An estimated  7 million tonnes of benzene are produced  in the Member  States each year, 
mainly  in the United  Kingdom,  the Federal  Republic  of  Germany  and  the Netherlands. 

For  at  least  100  years  benzene  has  been  recognised  as  constituting  a  health  risk  for 
It  enters  the  body  almost  exclusively  via  the 
persons  coming  into  contact  with  it. 
airways; very  small  quantities  can  also be  absorbed  via the  skin. 

Benzene's high fat  solubility facilitates  its distribution  in tissues which are rich in lipids, 
such  as the  adipose tissue,  the  nervous  system  and  the bone  marrow. 

Benzene  is rapidly  oxidised  in  these  tissues,  mainly  into  phenol  and  also  into  catechol 
and hydroquinone.  Whereas 25 to 50% of the benzene is eliminated in unchanged  form 
by  respiration,  the  remaining  fraction  is secreted,  together with  the  oxidation  products, 
in  urine. 

Acute  health  effects  are  observed  following  exposure  to  high  levels  (over  500  ppm), 
with  symptoms  of  poisoning. 

Prolonged  exposure  to  toxic  doses  can,  however,  lead  to  changes  in  the  bone  marrow 
which  may  culminate  in  a  persistent  pancytopaenia,  i.e.  a  reduction  of  all  blood  cell 
components.  There  may  be  early  symptoms,  such  as  anaemia,  leukocytopaenia  and 
thrombocytopaenia.  In serious cases, the victim may develop aplastic anaemia provoked 
by  a functional  deficiency  of  the bone  marrow. 

Numerous  studies  have  shown  that  exposure to benzene  at levels  capable  of  provoking 
haemotoxic  effects  is  associated  with  the  appearance  of  chromosomal  changes  in  the 
circulating  lymphocytes  and  in the medullary  cells; these  changes  may be  reversible  or 
irreversible,  but  their  prognostic  value  has  not  yet  been  clarified. 

A certain  number  of cases of myeloblasts and  erythroblastic  leukaemia  associated  with 
exposure  to  benzene  have  been  reported  in  the  literature,  and  less  frequently,  cases  of 
chronic  myeloid  or  lymphoid  leukaemia.  Numerous  epidemiological  studies  have 
revealed  a  significant  correlation  between  exposure  and  the  appearance  of  leukaemia. 

No  conclusive  survey  has  yet  been  conducted  on  the  toxic  and  teratogenic  effects  of 
exposure  to  benzene  during  pregnancy. 

Benzene  is  a  recognised  dangerous  substance  and,  as  such,  has  long  been  covered  by 
legal  provisions  in  the  Member  States  as  regards  occupational  exposure;  in  particular, 
these  provisions  provide  for: 

restrictions  on  use 
licensing  arrangements  for  production 
use  of  preventive  means 
an  order  that  specific  categories  of  workers  may  not  be  exposed. 

The Member  States of the EU also use limit values for occupational  exposure calculated 
in relation to a reference  period  of eight hours' work, primarily for use in monitoring the 
working environment  and forestalling risks associated with  exposure to benzene.  These 
values  range  from  5-10  ppm  (16  and  32  mg/m  approximately)  and  are  the  result,  in  a 
certain  number  of  countries,  of  specific  calculations  made  by  special  committees, 
whereas  in  other  countries  the  value  published  by  the  American  Conference  of 
Governmental  Industrial  Hygienists  (ACGIH) has been  adopted. 

It  should  be  remembered  that  certain  countries  are  in  the  process  of  examining  the 
possibility  of lowering the values.  The trend is towards  1 ppm in two countries and 0.1 
ppm  in  another,  the latter value being in line with  the ACGIH proposal  currently  being 
examined  in  the  USA. 

Considering  the  current  situation  in  the  different  countries,  the  trends  and  the  opinion 
expressed  by  a committee  of  high-ranking  scientific  experts,  the  limit  value  quoted  in 
the  current  proposal  for  amending  Directive  90/394/EEC  could  be  a  compromise 
between  the  requirements  in terms of worker  protection  on the  one hand,  and  technical 
constraints  on  the  other. 

The temporary  derogations to the limit value proposed in order to allow for the technical 
adjustments  needed  in certain workstations  or for  certain processes  should  not  represent 
a  specific  risk  for  workers  as long  as the provisions  of  Directive  90/394/EEC  are  fully 
implemented. 

Therefore  Annex  III  of  Directive  90/394/EEC  has to be  amended. 

3. 

Scope  of  Directive  90/394/EEC 

The  present  wording  of  Article  2  (a)  and  (b)  of  Directive  90/394/EEC  stipulates  the 
carcinogens  covered  by  its provisions  as regards  exposure.  More particularly,  they  are 
described as the substances and preparations requiring labelling with the risk-phrase R45 
"may  cause  cancer"  and  in  accordance  with  the  terms  of  directives  67/548/EEC  and 
88/379/EEC. 

In  actual  fact  this  definition  substantially  restricts  the  scope  of  the  directive  both  as 
regards the substances whose inclusion is requested in Annex  1  of Directive  67/548/EEC 
and  as regards  preparations,  many  of  which  are  not  covered  by  Directive  88/379/EEC. 
In  the  latter  instance,  this  is  the  case  of  medicinal  and  veterinary  products,  cosmetic 
products,  mixtures  of  substances  in  the  form  of  waste,  pesticides,  munitions  and 
explosives,  and  food  products. 

The  need  for  an  employee  exposed  to  carcinogens  to  be  protected  in  all  working 
situations  without  exception  has  prompted  the  new  wording  in  Article  2(a)  i)  and  ii). 
It  makes  it  possible  to  use  for  the  classification  of  the  carcinogen  the  criteria  of 

Directive  67/548/EEC,  irrespective  of  the fact  that  they  are included  in  Annex  I of  the 
same directive,  and  at the same time to cover the substances  classified  with the label  R 
49  "may  cause  cancer  by  inhalation";  it  also  makes  it  possible to  avoid  the  differences 
which  could  result  from  the  present  restriction  to  preparations  classified  R45  under 
Directive  88/379/EEC  in  the  levels  of  protection  for  workers  exposed  to  preparations 
containing  carcinogens. 

4.  Amendment  to Article  3(3) 

The new wording  of the  paragraph  in the proposal  is designed  to  establish  an  effective 
strategy for  monitoring total exposure to carcinogens at the place of work.  It is essential 
-  particularly  but  not  only  - when  exposure  limit  values  are  set,  to take  due  account  of 
the  possibility  of  penetration  through  the  skin  as  well  as  the  respiratory  absorption 
pathway. 

In  certain  cases,  e.g.  pesticides,  the  percentage  of  total  body  burden  which  can  be 
attributed  to  absorption  through  the  skin  often  significantly  exceeds  absorption  via  the 
respiratory  pathway. 

Although  the  present  wording  was  designed  to  secure  the  same  objective,  it  specified 
only  "harmful  effects  on  the  skin"  as  if  to  separate  these  from  other  effects  on  other 
parts  of  the  body,  without  therefore  considering  the  effects  on  health  from  an  overall 
standpoint. 

5.  Amendment  to  Annex  I (2) 

When  Directive  90/394/EEC  was  adopted  by the  Council  it was  quickly  pointed  out  in 
various  quarters  that  there  was  a  discrepancy  between  the  English  text  - the  reference 
text  -  and  the  other  language  versions. 

While  the  stated  aim  was to  protect  workers  against  polycyclic  aromatic  hydrocarbons 
(PAH)  present  in  certain  by-products  of  coal,  the language  versions  other  than  English 
drifted  away  from  this  objective,  even  including  coal  dust  as  such. 

The  new  wording  proposed  restores  to  the  text  the  meaning  it  originally  should  have 
had. 

6. 

Consultations 

In  accordance  with  the  terms  of  Article  118A  of  the  Treaty  establishing  the  European 
Union, the European Parliament and Economic and Social Committee must be consulted. 

i 

Proposal  for  a  Council  Directive 
amending  for  the first  time  Directive  90/394/EEC 
on  the  protection  of workers  from  the 
risks  related  to  exposure  to  carcinogens  at  work 

THE  COUNCIL  OF  THE  EUROPEAN  UNION, 

Having  regard  to the  Treaty  establishing  the European  Union,  and  in  particular  Article 
118a  thereof, 

Having  regard  to  Council  Directive  90/394/EEC  of  28  June  1990  on  the  protection  of 
workers  from  the risks related  to  exposure to carcinogens at work(1)  , and  in  particular 
Article  16, 

Having regard to the proposal from  the Commission(2), drawn up following  consultation 
with  the  Advisory  Committee  on  Safety,  Hygiene  and  Health  Protection  at  Work, 

In  cooperation  with  the European  Parliament(3), 

Having  regard  to the  opinion  of  the Economic  and  Social  Committee(4), 

Whereas  Article  118a of the  Treaty  provides that the  Council  shall  adopt,  by  means  of 
directives,  minimum  requirements  for  encouraging  improvements,  especially  in  the 
working  environment,  to  ensure  a better  level  of  protection  of  the  safety  and  health  of 
workers; 

Whereas,  under  the  terms  of  that  Article,  such  directives  are  to  avoid  imposing 
administrative,  financial  and  legal  constraints  in  a  way  which  would  hold  back  the 
creation  and  development  of  small  and  medium-size  undertakings, 

1  O J N oL  196, 26.7.1990,  p. 1 
2OJ 
3OJ 
4OJ 

f 

Whereas  Commission  Directive  91/325/EEC(5)  of  1 March  1991  adapting  to  technical 
progress for  the twelfth  time Council  Directive  67/548/EEC(6)  on the approximation  of 
the  laws,  regulations  and  administrative  provisions  relating  to  the  classification, 
packaging  and  labelling  of  dangerous  substances  introduces  in  Annex  III  new  risk 
phrases to indicate the health  hazards resulting from  prolonged  exposure and the risk of 
cancer  through  inhalation; 

Whereas  in  all  work  situations  workers  must  be  protected  in  respect  of  preparations 
containing  one  or  more  carcinogens; 

Whereas, for  some agents it is necessary  to consider  all  absorption  pathways,  including 
the possibility  of penetration  through  the  skin,  in order to ensure the best  possible level 
of  protection; 

Whereas  the  wording  of  point  2  of  Annex  I  to  Directive  90/394/EEC  relating  to 
polycyclic aromatic hydrocarbons has posed problems of interpretation in many Member 
States;  whereas,  therefore,  a new,  more  precise  wording  is  called  for; 

Whereas  Article  16  of  the  aforementioned  Council  Directive  90/394/EEC  makes 
provision  for  the  establishment  of  exposure  limit  values  on  the  basis  of  the  available 
information,  including  scientific  and  technical  data,  in  respect  of  all  those  carcinogens 
for  which  this  is  possible; 

Whereas  occupational  exposure  limit  values  must  be  regarded  as  an  important 
component of the general  arrangements for the protection of workers; whereas such limit 
values  must  be  revised  whenever  this  becomes  necessary  in  the  light  of  more  recent 
scientific  data; 

Whereas  benzene  is  a  carcinogen  which  is  present  in  many  work  situations  whereas, 
therefore,  a  large  number  of  workers  are  exposed  to  a  potential  health  risk;  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 benzene will  nonetheless 
reduce  these  risks; 

Whereas the respect of the minimum  requirements on the protection  of health  and  safety 
of workers from  the  specific  risks related  to carcinogens ensures not only the protection 
of the health  and  safety  of each individual  worker but also provides  a level  of  minimum 
protection  of  all  workers  in the Community  which  avoids  any  possible distortion  in the 
area  of  competitiveness; 

5  OJNo  L  180,  8.7.1991, p. 1 
6  O J N oL  196,  16.8.1967, p. 1 

a 

Whereas provision  should be made to ensure the protection of the health and safety  of 
workers concerned, in the case of derogations provided for specified  activities or sector 
of  activity  where  the implementation  of the limit  value  proposed  for  benzene  may  be 
difficult  to meet within the date proposed; 

Whereas  in  most  small  and  medium  sized  enterprises  where  the  main  use  of  benzene 
might  be  as  a  solvent,  provisions  to  lower  exposure  will  not  be  required  as  legal 
provisions  already  exist in nearly  all the member  States to restrict or prohibit its use. 

Whereas a consistent level  of protection from the risks related to carcinogens has to be 
established  for the  Community  as a whole  and whereas that level  of  protection  has to 
be set not by detailed prescriptive requirements but by a framework of general principles 
to enable Member  States to apply the minimum  requirements  consistently; 

Whereas  this  amendment  constitutes  a practical  aspect  of  the  realisation  of  the  social 
dimension  of the internal  market; 

Whereas,  pursuant  to  Decision  74/325/EEC7,  as  last  amended  by  the  1985  Act  of 
Accession,  the Advisory  Committee on Safety,  Hygiene and Health Protection  at Work 
is to be consulted by the Commission with a view to drawing up proposals in this field, 

HAS  ADOPTED  THIS  DIRECTIVE: 

Article  1 

Directive  90/394/EEC  is hereby  amended as follows: 

1.  Article  2  shall  be replaced by the  following. 

"For the purposes of this Directive, 

(a)  "carcinogen" means: 

i)  a substance which  meets the requirements for classification  as category 
1  or  2  carcinogen  according  to  the  criteria  of  Annex  VI  of  Directive 
67/548/EEC. 

OJNoL185,  9.7.1974,  p.  15 

3 

ii)  a  preparation  composed  of  one  or  more  substances  referred  to  in  point 
(a)i) where the concentration of one or more of the individual  substances 
meets the requirements  for  concentration  limits  for  the  classification  of 
a  preparation  as  a category  1 or  2 carcinogens  set  out  either: 

- 

- 

in  Annex  I to Directive  67/548/EEC 
or 
in  Annex  I  of  Directive  88/379/EEC  where  the  substance  or 
substances  do  not  appear  in  Annex  I  to  Directive  67/548/EEC  or 
appear  in  it without  concentration  limits. 

iii)  a  substance,  preparation  or  process  referred  to  in  Annex  I  as well  as a 
substance  or  preparation  released  by  a process  referred  to  in  Annex  I. 

(b) 

"limit  value"  means,  unless  otherwise  specified,  the  limit  of  concentration 
for  a  "carcinogen"  in  the  air within  the breathing  zone  of  a  worker." 

2.  Article  3(3)  shall  be  replaced  by  the  following: 

"Furthermore,  when  assessing the risk, account  shall be taken  of  all  other routes of 
exposure,  such  absorption  into  and/or  through  the  skin". 

3. 

In  Article  16, the  following  paragraph  shall  be  added: 

"3.  In  the  case  of  derogations  provided  for  in  Annex  III,  the Member  States  shall 
be  obliged to ensure that  employers comply  with procedures  and measures in  order 
to  take  adequate  precautions  to  protect  the  health  and  safety  of  the  workers 
concerned." 

4. 

Item  2  of  Annex  I  shall  be  replaced  by  the  following: 

"Work involving exposure to polycyclic aromatic hydrocarbons present in coal soot, 
coal  tar  or  coal  pitch". 

le 

5.  Part  A  of  Annex  III  shall  be replaced by  the  following: 

"A.  LIMIT VALUES  FOR  OCCUPATIONAL  EXPOSURE 

Name  of  agent  EINECS  (1)  CAS  (2) 

Limit  values 

Notation 

Derogations 

mg/m3 (3) 

ppm (4) 

Benzene 

200-753-7 

71-43-2 

3.25  (5) 

1(5) 

Skin  (6) 

Limit  value:  3 ppm 
(=  9.75  mg/m3)  until  31  December 
2000  for  the  following  activities  or 
sector  of  activity: 
-  Selected  sites  in  coke  plants 

(primary  coolers,  benzol/sulphate 
houses, benzol  storage  and 

loading) 
-  cleaning  and  maintenance  of  tanks 
-  loading  and  unloading  of  tanker 

vessels  and  lorries 

-  marine  transport 
-  motor  vehicle  repair  shops 
-  service  station  with filling 

attendant 

(1)  EINECS:  European  Inventory  of  Existing  Chemical  Substances 
(2)  CAS:  Chemical  Abstract  Service  Number 
(3)  mg/m3 =  milligrams  per  cubic  metre  of  air  at  20*C and  101,3  KPa  (760  mm 

mercury  pressure) 

(4)  ppm  =  parts  per  million  by volume  in  air  (ml/m3). 
(5)  Measured  or  calculated  in  relation  to  a reference  period  of  eight  hours. 
(6)  Substantial  contribution  to  the  total  body  burden  via  dermal  exposure  possible." 

Article  2 

Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative 
provisions  necessary  to  comply  with  this  Directive  not  later  than  31  December 
1998.  They  shall  forthwith  inform  the  Commission  thereof. 

When  Member  States  adopt  these  provisions,  these  shall  contain  a reference  to 
this  Directive  or  shall  be  accompanied  by  such  reference  at  the  time  of  their 
official  publication.  The  procedure for  such  reference  shall  be laid  down  by  the 
Member  States. 

M 

Member  States shall communicate to the Commission the texts of the provisions 
of  national  law  which  they  adopt  in the  field  covered  by  this  Directive 

Article  3 

This Directive  is  addressed  to the Member  States. 

Done  at Brussels, 

For  the  Council 
The  President 

12-

IMPACT ASSESSMENT  FORM 

The  impact  on  business 
of  the  proposal  for  a Council  Directive 
amending  for  the  first  time  Directive  90/394/EEC 
on  the  protection  of workers  from  the  risks 
related  to  exposure  to  carcinogens  at  work. 

I.  Rationale  for  the  proposal 

Article  16  of  Council  Directive  90/394/EEC  of  28  June  1990  stipulates  that  the 
Council  shall  set  out limit values for  exposure  at the place of work  on the basis of 
the  available  information,  including  scientific  and  technical  data,  in  respect  of  all 
those  carcinogens  for  which  this  is  possible.  The  Commission  was  subsequently 
called upon  by various parties during the different  phases of consultation  to  submit 
a  preliminary  proposal  covering  benzene. 

It  is mainly  to cater for  these  requests that  the Commission  is now  submitting  this 
text  to  the  Council.  The  other  amendments  proposed  concerning  partly  the 
definition  of carcinogen and partly changes in wording, can be considered  incidental 
and  without  any  specific  impact  other  than  that  requested  under  the  original 
directive.  Only  in the event that the definitions  should  be expanded  need the  other 
industrial  sectors  covered  by  the  Directive  be  involved. 

The  principle  of  subsidiarity  is complying  with  as  indicated  in  the  introduction  to 
the  explanatory  memorandum. 

H.  The  impact  on  business 

1)  Characteristics  of  the  firms  concerned 

As  a  major  raw  material  used  in  the  chemical  industry,  benzene  is  a 
constituent  of  many  items  found  in  homes,  offices,  and  factories.  Worker 
exposures to benzene  can  occur  during the production,  use and  transportation 
of  benzene  as  well  as  during  the  production  and  use  of  chemicals,  liquid 
mixtures  and  solvents  that  contain  benzene  as  a  natural  ingredient,  an 
intentional  ingredient,  or  a  contaminant.  The  main  sources  of  potential 
benzene exposures and the industries in which they can occur are listed  below: 

a) 

production  of  benzene  (petrochemical  producers,  petroleum  refineries, 
producers  of  coke  in the  iron  and  steel  industry), 

13 

b) 

transportation  and  storage  of benzene  and  benzene-containing  liquids, 

c) 

production  of  products  containing  benzene  as  a natural  ingredient, 

d)  production  of  products  using  liquid  mixtures  containing  solvents,  e.g. 

rubber  products,  paints,  glues, inks.... 

e)  use  of  pure  benzene  as  a  process  solvent,  e.g.  the  perfume  industry,  in 

addition  to  those  listed  in d). 

2)  Size  of  business 

Generally  speaking, the arrangements  cover more often  than  not  medium  and 
large-sized companies involved inter alia in production activities.  In the small 
and  medium-sized  enterprises,  where  benzene  might  be  used  mainly  for  its 
qualities  as  a  solvent,  the  legal  provisions  which  exist  in  nearly  all  the 
Member  States to  restrict  or  prohibit  its  use,  limit  the  scope  of  the  directive. 

Only  in  respect  of  research  laboratories  and  small  companies  producing 
perfumes  would  provisions  designed  to  lower  exposure  levels  be  required. 

3)  Geographical  area 

No  specific  geographical  distribution  does  exist  for  these  businesses. 

4)  Obligations  on  enterprises 

Establishing  a  limit  value  for  occupational  exposure  to  benzene  implies  the 
additional  obligation  on  companies  to  adhere  to  this  value,  the  value  itself 
being the average weighted  value of exposure for the worker  during an 8-hour 
working  cycle. 

This  definition  needs  to  be  stressed  given  that  in  a  great  many  industrial 
situations  where  the  concentration  of  benzene  in  the  ambient  air  exceeds  the 
limit value for  exposure, the worker is often  exposed for short periods and this 
leads to  a  substantial  lowering  of  the  average  weighted  value. 

In order to allow for  certain  specific  difficulties  arising from  the nature of the 
work  station,  the  proposal  provides  for  certain  temporary  derogations  to  the 
limit  value by  establishing  a higher  value  which,  considering  the  actual  time 
and  the number  of workers  involved,  should  only  negligibly  increase  the risk 
to  health. 

1*1 

5)  Effects  on the  competitiveness  of  companies 

a)  Advantages 

The  advantages  of  improved  working  conditions,  in  this  particular  case 
meaning a lowering of the exposure level, will  result in a lowering of the 
number  of  cases  of leukaemia,  as has also been  stressed  (and  evaluated) 
by  the  committee  of  scientific  experts. 

These benefits  will be felt  not only by individual  workers as members of 
society  but  also  by  the  companies  themselves,  for  which  the  cost 
advantages  will  be  expressed  as: 

fewer  absences  through  illness 
lower  retraining  costs,  and, 
fewer  cases  of  persons  having  to  be  pensioned  off  because  of 
invalidity. 

b)  Disadvantages 

Two  types  of  additional  expenditure  will  have  to  be  incurred,  the  first 
concerning  the actual  measuring  of the limit  value for  exposure  and,  the 
second,  arising  from  modifications  on  the  older  items  of  plant  and 
equipment  to the  systems  for  preventing  the  release  of  benzene  vapours 
into  the  ambient  air. 

The  costs  as regards the first provision  may  obviously  be  comparatively 
low  as  there  is  no  absolute  need  for  companies  to  have  their  own 
measuring instruments.  The second  aspect will  undoubtedly  weigh  more 
heavily,  particularly  in  the  older  installations,  although  the  actual  scale 
of  intervention  can  be  limited  in  this  case,  too,  as  was  pointed  out 
previously,  to those  work  stations  where  the  worker  actually  carries  out 
his tasks. 

Nevertheless,  as  these  arrangements  are  designed  to  protect  the  worker 
against  the  risks  of the  onset  of  leukaemia,  the  cost/benefit  ratio  should 
have  a  substantial  impact. 

Lastly,  there  should  be  no  significant  effects  on  competitiveness  or  on 
employment  levels. 

HI.  Consultation 

The Advisory  Committee  on  Safety,  Hygiene  and Health  Protection  at Work  gave 
its  opinion  on  this  proposal  and  agreed  on  its  need,  namely  as  concerns  the 
amendment  to the  field  of  application  of the  Directive. 

As  regards  benzene,  the  proposed  value  was  not  generally  agreed  among  the 
different  Parties,  even  if  the  groups  unanimously  agreed  that  1 ppm  should  be 
regarded  as feasible  within  a reasonable  period. 

Thus  a  system  of  derogations,  limited  in  time,  has  been  incorporated  into  the 
proposal  itself  in  order to  allay  the misgivings expressed  by  the  representatives  of 
the  industrial  sector  as to the  applicability  of  this  exposure  limit  value. 

yU 

ISSN 0254-1475 

COM(95) 425 final 

DOCUMENTS 

EN 

04 

Catalogue number  :  CB-CO-95-470-EN-C 

ISBN 92-77-93402-6 

Office  for Official  Publications of the European Communities 

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