Council Directive 98/24/EC of 7 April 1998 on the protection of the health and safety of workers from the risks related to chemical agents at work (fourteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)
Date: 1998-04-07
Institutions: Council of the European Union
Subjects: accident prevention, chemical product, dangerous substance, environmental risk prevention, occupational health

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COUNCIL DIRECTIVE 98/24/EC

of 7 April 1998

on the protection of the health and safety of workers from the risks related to
chemical agents at work (fourteenth individual Directive within the meaning of
Article 16(1) of Directive 89/391/EEC)

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission (1),
drawn up after consultation with the Advisory Committee
on Safety, Hygiene and Health Protection at Work,

Having regard to the opinion of the Economic and Social
Committee (2),

Acting in accordance with the procedure laid down in
Article 189c of the Treaty (3),

shall

(1) Whereas Article 118a of the Treaty provides that the
Council
of Directives
adopt by means
minimum requirements for encouraging improve-
ments, especially in the working environment,
to
guarantee a better level of protection of the safety
and health of workers;

(2) Whereas, pursuant to that Article, such Directives
shall avoid imposing administrative,
financial and
legal constraints in a way which would hold back the
creation and development of small and medium-
sized undertakings;

(3) Whereas

the

improvement

safety,
hygiene and health at work is an objective which
should not be subordinated to purely economic
considerations;

of workers’

(4) Whereas the respect of minimum requirements on
the protection of the health and safety of workers
from the risks related to chemical agents aims to
ensure not only the protection of the health and
safety of each individual worker but also to provide a
level of minimum protection of all workers in the
Community which avoids any possible distortion in
the area of competition;

(5) Whereas a consistent level of protection from the
risks related to chemical agents has to be established
for the Community as a whole; whereas that level of
protection has to be set not by detailed prescriptive

(1) OJ C 165, 16. 6. 1993, p. 4.
(2) OJ C 34, 2. 2. 1994, p. 42.
(3) Opinion of the European Parliament of 20 April 1994 (OJ C
128, 9. 5. 1994, p. 167), Council common position of 7 Octo-
ber 1997 (OJ C 375, 10. 12. 1997, p. 2) and Decision of the
European Parliament on 17 February 1998 (not yet published
in the Official Journal).

requirements but by a framework of general prin-
ciples
to apply the
minimum requirements consistently;

to enable Member States

(6) Whereas a work activity involving chemical agents is

likely to expose workers to risk;

(7) 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 (4), Council
Directive 82/605/EEC of 28 July 1982 on the
protection of workers from the risks related to expos-
ure to metallic lead and its ionic compounds at work
(first
individual Directive within the meaning of
Article 8 of Directive 80/1107/EEC) (5) and Council
Directive 88/364/EEC of 9 June 9 1988 on the
protection of workers by the banning of certain
specific agents and/or certain work activities (fourth
individual Directive within the meaning of Article 8
of Directive 80/1107/EEC) (6), for the sake of consist-
ency and clarity as well as for technical reasons,
should be revised and included in a single Directive
laying down minimum requirements for the protec-
tion of the health and safety of workers in work ac-
tivities
these
involving chemical agents; whereas
Directives can be repealed;

(8) Whereas this Directive is an individual Directive
within the meaning of Article 16(1) of Council
Directive 89/391//EEC of 12 June 1989 on the
introduction of measures to encourage improvements
in the safety and health of workers at work (7);

(9) Whereas therefore the provisions of the said Direct-
ive apply in full
to the exposure of workers to
chemical agents, without prejudice to more stringent
and/or specific provisions contained in this Dir-
ective;

(10) Whereas more stringent and/or specific provisions
relating to the transport of hazardous chemical
agents are contained in binding international agree-
ments and conventions incorporated into Commun-
ity provisions on transport of dangerous goods by
road, rail, water and air;

(4) OJ L 327, 3. 12. 1980, p. 8. Directive as last amended by
Directive 88/642/EEC (OJ L 356, 24. 12. 1988, p. 74).

(5) OJ L 247, 23. 8. 1982, p. 12.
(6) OJ L 179, 9. 7. 1988, p. 44.
(7) OJ L 183, 29. 6. 1989, p. 1.

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(11) Whereas in Directive 67/548/EEC (1) and Directive
88/379/EEC (2) on the approximation of the laws,
regulations and administrative provisions relating to
the classification, packaging and labelling of, respect-
the
ively, dangerous substances and preparations,
Council laid down a system of criteria for the classi-
fication of dangerous substances and preparations;

(12) Whereas the definition of hazardous chemical agent
should include any chemical substance which meets
these criteria and also any chemical substance which
whilst not meeting these criteria may because of its
physico-chemical, chemical or toxicological proper-
ties, and the way it is used or is present in the work-
place, present a risk to the safety and health of
workers;

(13) Whereas in Directive 90/492/EEC (3) the Commis-
sion defined and laid down a system of specific
information on dangerous substances and prepara-
tions, in the form of safety data sheets principally
intended for industrial users to enable them to take
the measures necessary to ensure the protection of
the safety and health of workers; whereas Council
Directive 92/58/EEC of 24 June 1992 on the
minimum requirements for the provision of safety
and/or health signs at work (ninth individual Dir-
ective within the meaning of Article 16(1) of Dir-
ective 89/391/EEC) (4)
system for
marking containers and pipes used for dangerous
substances or preparations at work;

establishes

a

(14) Whereas the employer should assess any risk to the
safety and health of workers arising from the
presence of hazardous chemical agents at the work-
place, in order to take the necessary preventive and
protective measures set out in this Directive;

(15) Whereas the preventive measures identified by the
assessment of risk and taken by the employer should
be consistent with the need to protect public health
and the environment;

(16) Whereas, to supplement the information available to
workers so as to ensure an improved level of protec-
tion, it is necessary for workers and their representat-
ives to be informed about the risks which chemical
agents can pose for their safety and health and about
the measures necessary to reduce or eliminate those

(1) OJ 196, 16. 8. 1967, p. 1. Directive as last amended by

Directive 96/56/EC (OJ L 236, 18. 9. 1996, p. 35).

(2) OJ L 187, 16. 7. 1988, p. 14. Directive as last amended by
Commission Directive 96/65/EC (OJ L 265, 18. 10. 1996, p.
15).

(3) OJ L 275, 5. 10. 1990, p. 35.
(4) OJ L 245, 26. 8. 1992, p. 23.

risks, and for them to be in a position to check that
the necessary protective measures are taken;

(17) Whereas the health surveillance of workers for whom
the results of the aforementioned assessment reveal a
risk to health, can contribute to the prevention and
protection measures
to be undertaken by the
employer;

(18) Whereas the employer must on a regular basis carry
out evaluation and measurements and be aware of
new developments in technology with a view to
improving the protection of workers’s safety and
health;

(19) Whereas the latest scientific data should be evaluated
by independent scientists to assist the Commission
in setting occupational exposure limit values;

(20) Whereas, although in some cases scientific know-
ledge may not be such that a level of exposure to a
chemical agent can be established below which risks
to health cease to exist, a reduction in exposure to
these chemical agents will nonetheless reduce these
risks;

(21) Whereas in Directive 91/322/EEC (5) and Directive
96/94/EC (6) the Commission laid down indicative
by Directive
provided
limit
80/1107/EEC; whereas the former Directives should
be maintained as part of the current framework;

values

for

as

(22) Whereas necessary technical adjustments

adaptations

to this
Directive should be drawn up by the Commission in
cooperation with the Committee set up by Directive
89/391/EEC to assist the Commission in making
individual Directives
to
technical
that Directive;
adopted under
the framework of
whereas
seeking the
advice of
the Advisory Committee on Safety,
Hygiene and Health Protection at Work in accord-
ance with Decision 74/325/EEC (7), should also draw
up practical guidelines for the application of this
Directive;

the Commission, after

first

(23) Whereas the repeal of Directive 80/1107/EEC must
not give rise to the lowering of the present standards
of worker protection from chemical, physical and
biological agents; whereas standards resulting from
the existing Directives on biological agents,
the
proposed Directive on physical agents, this Directive
and any amendments to these texts should reflect
and at least maintain the standards laid down in the
said Directive;

(5) OJ L 177, 5. 7. 1991, p. 22.
(6) OJ L 338, 28. 12. 1996, p. 86.
(7) OJ L 185, 9. 7. 1974, p. 15. Decision as last amended by the

1994 Act of Accession.

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(24) Whereas this Directive is a practical contribution
towards creating the social dimension of the internal
market,

HAS ADOPTED THIS DIRECTIVE:

ment concerning the International Carriage of Dangerous
Goods by Inland Waterway and of the Regulation for the
Carriage of Dangerous Substances on the Rhine as in-
corporated in Community law and in the technical
instructions for the safe transport of dangerous goods
issued, at the date of entry into force of this Directive, by
the International Civil Aviation Organisation.

SECTION I

GENERAL PROVISIONS

Article 1

Objective and scope

1.
This Directive, which is the fourteenth individual
Directive within the meaning of Article 16(1) of Directive
89/391/EEC, lays down minimum requirements for the
protection of workers from risks to their safety and health
arising, or likely to arise, from the effects of chemical
agents that are present at the workplace or as a result of
any work activity involving chemical agents.

The requirements of

this Directive apply where
2.
hazardous chemical agents are present or may be present
at the workplace, without prejudice to the provisions for
chemical agents to which measures for radiation protec-
to Directives adopted under the
tion apply pursuant
the European Atomic Energy
establishing
Treaty
Community.

3.
For carcinogens at work the provisions of this Dir-
ective shall apply without prejudice to more stringent
and/or specific provisions contained in Council Directive
90/394/EEC of 28 June 1990 on the protection of
workers from the risks related to exposure to carcinogens
(sixth individual Directive within the meaning of
Article 16(1) of Directive 89/391/EEC) (1).

4.
The provisions of Directive 89/391/EEC shall apply
fully to the whole field referred to in this Article, without
prejudice to more stringent and/or specific provisions
contained in this Directive.

5.
As far as the transport of hazardous chemical agents
is concerned, the provisions of this Directive shall apply
without prejudice to more stringent and/or specific provi-
sions contained in Directive 94/55/EC (2),
in Directive
96/49/EC (3), in the provisions of the IMDG Code, IBC
Code and IGC Code as defined in Article 2 of Directive
93/75/EEC (4), in the provisions of the European Agree-

(1) OJ L 196, 26. 7. 1990, p. 1.
(2) Council Directive 94/55/EC of 21 November 1994 on the ap-
proximation of the laws of the Member States with regard to
the transport of dangerous goods by road (OJ L 319, 12. 12.
1994, p. 7). Directive as amended by Commission Directive
96/86/EC (OJ L 335, 24. 12. 1996, p. 43).

(3) Council Directive 96/49/EC of 23 July 1996 on the approx-
imation of the laws of the Member States with regard to the
transport of dangerous goods by rail (OJ L 235, 17. 9. 1996, p.
25). Directive as amended by Commission Directive 96/87/EC
(OJ L 335, 24. 12. 1996, p. 45).

(4) Council Directive 93/75/EEC of 13 September 1993 concern-
ing minimum requirements for vessels bound for or leaving
Community ports and carrying dangerous or polluting goods
(OJ L 247, 5. 10. 1993, p. 19). Directive as last amended by
Commission Directive 97/34/EC (OJ L 158, 17. 6. 1997, p.
40).

Article 2

Definitions

For the purpose of this Directive, the terms used shall
have the following meanings:

(a)

‘Chemical agent’ means any chemical element or
compound, on its own or admixed, as it occurs in the
natural state or as produced, used or released,
in-
cluding release as waste, by any work activity, whether
or not produced intentionally and whether or not
placed on the market;

(b) ‘Hazardous chemical agent’ means:

criteria

(i) any chemical agent which meets the criteria for
classification as a dangerous substance according
to Directive
to the
67/548/EEC, whether or not
that substance is
classified under that Directive, other than those
substances which only meet the criteria for classi-
fication as dangerous for the environment;

in Annex VI

(ii) any chemical agent which meets the criteria for
classification as a dangerous preparation within
the meaning of Directive 88/379/EEC, whether or
not that preparation is classified under that Dir-
ective, other than those preparations which only
meet the criteria for classification as dangerous for
the environment;

(iii) any chemical agent which, whilst not meeting the
criteria for classification as dangerous in accord-
ance with (i) and (ii), may, because of its physico-
chemical, chemical or toxicological properties and
the way it is used or is present in the workplace,
present a risk to the safety and health of workers,
including any chemical agent assigned an occupa-
tional exposure limit value under Article 3.

(c)

‘Activity involving chemical agents’ means any work
in which chemical agents are used, or are intended to
be used, in any process, including production, hand-
ling, storage, transport or disposal and treatment, or
which result from such work;

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(d) ‘Occupational exposure limit value’ means, unless
otherwise specified,
the time-weighted
the limit of
average of the concentration of a chemical agent in
the air within the breathing zone of a worker in rela-
tion to a specified reference period;

(e) ‘Biological limit value’ means the limit of the concen-
tration in the appropriate biological medium of the
relevant agent, its metabolite, or an indicator of effect;

(f)

‘Health surveillance’ means the assessment of an indi-
vidual worker to determine the state of health of that
individual, as related to exposure to specific chemical
agents at work;

(g) ‘Hazard’ means the intrinsic property of a chemical

agent with the potential to cause harm;

(h) ‘Risk’ means the likelihood that the potential for harm
will be attained under the conditions of use and/or
exposure.

Article 3

Occupational exposure limit values and biolgocial
limit values

account
the Community limit value, determining its
nature in accordance with national legislation and prac-
tice.

4.
Binding occupational exposure limit values may be
drawn up at Community level and, in addition to the
factors considered when establishing indicative occupa-
tional exposure limit values, shall reflect feasibility factors
while maintaining the aim of ensuring the health of
workers at work. Such limit values shall be established in
accordance with Article 118a of the Treaty and laid down
in Annex I to this Directive.

5.
For any chemical agent for which a binding occupa-
tional exposure limit value is established. Member States
shall establish a corresponding national binding occupa-
tional exposure limit value based on, but not exceeding,
the Community limit value.

6.
Binding biological limit values may be drawn up at
Community level on the basis of the evaluation described
in paragraph 1 and of the availability of measurement
techniques, and shall reflect feasibility factors while main-
taining the aim of ensuring the health of workers at work.
Such limit values shall be established in accordance with
the procedure laid down in Article 118a of the Treaty and
laid down in Annex II to this Directive, together with
other relevant health surveillance information.

1.
The Commission shall evaluate the relationship
between the health effects of hazardous chemical agents
and the level of occupational exposure by means of an
independent scientific assessment of the latest available
scientific data.

7.
For any chemical agent for which a binding biolo-
gical limit value is established, Member States shall estab-
lish a corresponding national binding biological
limit
value based on, but not exceeding, the Community limit
value.

2. On the basis of the evaluation described in para-
graph 1, the Commission, after first consulting the Advis-
ory Committee on Safety, Hygiene and Health protection
at Work, shall propose European objectives in the form of
the
indicative occupational exposure limit values
protection of workers from chemical risks, to be set at
Community level.

for

8. Where a Member State introduces or
revises a
national occupational exposure limit value or a national
biological limit value for a chemical agent, it shall inform
the Commission and other Member States thereof to-
gether with the relevant scientific and technical data. The
Commission shall undertake the appropriate action.

These limit values shall be established or revised, taking
into account the availability of measurement techniques,
in accordance with the procedure laid down in Article 17
of Directive 89/391/EEC. Member States
shall keep
workers’ and employers’ organisations informed of indic-
ative occupational exposure limit values set at Com-
munity level.

9. On the basis of the reports provided by the Member
States under Article 15, the Commission shall carry out
an assessment of the way in which Member States have
taken account of Community indicative limit values when
establishing the corresponding national occupational
exposure limit values.

For any chemical agent

for which an indicative
3.
occupational exposure limit value is established at
Community level, Member States
establish a
national occupational exposure limit value, taking into

shall

Standardised methods for the measurement and
10.
evaluation of workplace air concentrations in relation to
occupational exposure limit values shall be developed in
accordance with Article 12(2).

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SECTION II

EMPLOYERS’ OBLIGATIONS

Article 4

Determination and assessment of risk of hazardous
chemical agents

1.
In carrying out the obligations laid down in Articles
6(3) and 9(1) of Directive 89/391/EEC, the employer shall
first determine whether any hazardous chemical agents
are present at the workplace. If so, he shall then assess
any risk to the safety and health of workers arising from
the presence of those chemical agents, taking into con-
sideration the following:

— their hazardous properties,

— information on safety and health that

shall be
provided by the supplier, (e.g. the relevant safety data
sheet in accordance with the provisions of Directive
67/548/EEC or Directive 88/379/EEC),

— the level, type and duration of exposure,

— the circumstances of work involving such agents,

including their amount,

— any occupational exposure limit values or biological
limit values established on the territory of the Member
State in question,

— the effect of preventive measures taken or to be taken,

— where available, the conclusions to be drawn from any

health surveillance already undertaken.

The employer shall obtain additional information which
is needed for the risk assessment from the supplier or
from other readily available sources. Where appropriate,
this information shall comprise the specific assessment
concerning the risk to users established on the basis of
Community legislation on chemical agents.

2.
The employer must be in possession of an assess-
ment of the risk in accordance with Article 9 of Directive
89/391/EEC, and shall identify which measures have been
taken in accordance with Articles 5 and 6 of this Dir-
ective. The risk assessment shall be documented in a
suitable form according to national law and practice, and
may include a justification by the employer that
the
nature and extent of the risks related to chemical agents
make a further detailed risk assessment unnecessary. The
risk assessment shall be kept up-to-date, particularly if
there have been significant changes which could render it
out-of-date, or when the results of health surveillance
show it to be necessary.

3.
Certain activities within the undertaking or es-
tablishment, such as maintenance, in respect of which it
is foreseeable that there is a potential for significant ex-
posure, or which may result in deleterious effects to safety
technical
and health for other
measures have been taken, shall be included in the risk
assessment.

reaons, even after all

In the case of activities involving exposure to several
4.
hazardous chemical agents, the risk shall be assessed on
the basis of the risk presented by all such chemical agents
in combination.

5.
In the case of a new activity involving hazardous
chemical agents, work shall only commence after an
assessment of the risk of that activity has been made and
any preventive measures identified have been imple-
mented.

6.
Practical guidelines for the determination and assess-
ment of risk, and for their review and, if necessary, adjust-
ment, shall be developed in accordance with Article 12(2).

Article 5

General principles for prevention of risks asso-
ciated with hazardous chemical agents and applica-
tion of this Directive in relation to assessment of
risks

1.
In carrying out his obligation to ensure the health
and safety of workers in any activity involving hazardous
chemical agents the employer shall take the necessary
preventive measures set out in Article 6(1) and (2) of
Directive 89/391/EEC and include the measures set out
in this Directive.

2.
Risks to the health and safety of workers at work
involving hazardous chemical agents shall be eliminated
or reduced to a minimum by:

— the design and organisation of systems of work at the

workplace,

— the provision of suitable equipment for work with
chemical agents and maintenance procedures which
ensure the health and safety of workers at work,

— reducing to a minimum the number of workers

exposed or likely to be exposed,

— reducing to a minimum the duration and intensity of

exposure,

— appropriate hygiene measures,

— reducing the quantity of chemical agents present at
the workplace to the minimum required for the type
of work concerned,

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— suitable working procedures including arrangements
for the safe handling, storage and transport within the
workplace of hazardous chemical agents and waste
containing such chemical agents.

guidelines

Practical
for protection and prevention
measures to control risk shall be developed in accordance
with Article 12(2).

Practical guidelines for preventive measures to control
risk shall be developed in accordance with Article 12(2).

3. Where the results of the assessment referred to in
Article 4(1) reveal a risk to the safety and health of
workers,
the specific protection, prevention and mon-
itoring measures laid down in Articles 6, 7 and 10 shall
be applied.

4. Where the results of the risk assessment referred to
in Article 4(1) show that, because of the quantities of a
hazardous chemical agent present in the workplace, there
is only a slight risk to the safety and health of workers,
and the measures taken in accordance with paragraphs 1
and 2 of this Article are sufficient to reduce that risk, the
provisions of Articles 6, 7 and 10 shall not apply.

Article 6

Specific protection and prevention measures

The employer shall ensure that

1.
hazardous chemical agent
workers at work is eliminated or reduced to a minimum.

the risk from a
to the safety and health of

2.
In applying paragraph 1, substitution shall by pref-
erence be undertaken, whereby the employer shall avoid
the use of a hazardous chemical agent by replacing it with
a chemical agent or process which, under its condition of
use, is not hazrdous or less hazardous to workers’ safety
and health, as the case may be.

Where the nature of the activity does not permit risk to
be eliminated by substitution, having regard to the activity
and risk assessment referred to in Article 4, the employer
shall ensure that the risk is reduced to a minimum by
application of protection and prevention measures,
consistent with the assessment of the risk made pursuant
to Article 4. These will include, in order of priority:

(a) design of appropriate work processes and engineering
controls and use of adequate equipment and materials,
so as to avoid or minimise the release of hazardous
chemical agents which may present a risk to workers’
safety and health at the place of work;

(b) application of collective protection measures at the
source of the risk, such as adequate ventilation and
appropriate organizational measures;

(c) where exposure cannot be prevented by other means,
in-

individual protection measures

application of
cluding personal protective equipment.

3.
The measures referred to in paragraph 2 of this
Article shall be accompanied by health surveillance in
accordance with Article 10 if it is appropriate to the
nature of the risk.

4.
Unless the employer clearly demonstrates by other
means of evaluation that, in accordance with paragraph 2,
adequate prevention and protection have been achieved,
the employer shall carry out on a regular basis, and when
any change occurs in the conditions which may affect
workers’ exposure to chemical agents, such measurements
of chemical agents which may present a risk to worker’s
health at the workplace as are necessary, in particular in
relation to the occupational exposure limit values.

The employer shall take into account the results of
5.
the procedures referred to in paragraph 4 of this Article in
carrying out the obligations laid down in or resulting as a
consequence of Article 4.

In any event, where an occupational exposure limit value
effectively established on the territory of a Member State
has been exceeded, the emloyer shall immediately take
steps, taking into account the nature of that limit, to
remedy the situation by carrying out preventive and
protective measures.

6. On the basis of the overall assessment of and general
principles for the prevention of risks in Articles 4 and 5,
the employer shall take technical and/or organisational
measures appropriate to the nature of
the operation,
including storage, handling and segregation of incom-
patible chemical agents, providing protection of workers
against hazards arising from the physico-chemical proper-
ties of chemical agents.
take
measures, in order of priority, to:

In particular he shall

(a) prevent the presence at the workplace of hazardous
concentrations of inflammable substances or hazard-
ous quantities of chemically unstable substances or,
where the nature of the work does not allow that,

(b) avoid the presence of ignition sources which could
give rise to fires and explosions, or adverse conditions
which could cause chemically unstable substances or
mixtures of substances to give rise to harmful physical
effects, and

(c) mitigate the detrimental effects to the health and
safety of workers in the event of fire or explosion due
to the ignition of inflammable substances, or harmful
physcial effects arising from chemically unstable
substances or mixtures of substances.

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and/or organisational measures

Work equipment and protective systems provided by the
employer for the protection of workers shall comply with
the relevant Community provisions on design, manufac-
ture and supply with respect to health and safety. Tech-
taken by the
nical
employer shall take account of and be consistent with the
equipment group categorisation in Annex I to Directive
94/9/EC of the European Parliament and of the Council
of 23 March 1994 on the approximation of the laws of the
Member States concerning equipment and protective
systems intended for use in potentially explosive atmos-
pheres (1).

The employer shall take measures to provide sufficient
control of plant, equipment and machinery or provision
of explosion suppression equipment or explosion pressure
relief arrangements.

Article 7

Arrangements to deal with accidents, incidents and
emergencies

1. Without prejudice to the obligations laid down in
Article 8 of Directive 89/391/EEC, the employer shall, in
order to protect the safety and health of workers from an
accident, incident or emergency related to the presence of
hazardous chemical agents at
the workplace, establish
procedures (action plans) which can be put into effect
when any such event occurs, so that appropriate action is
include any relevant
taken. These arrangements shall
safety drills which are to be performed at regular intervals,
and the provision of appropriate first aid facilities.

2.
In the case of the occurence of an event such as is
mentioned in paragraph 1, the employer shall immedi-
ately take steps to mitigate the effects of the event and to
inform the workers concerned thereof.

In order to restore the situation to normal:

— the employer shall implement appropriate measures

to remedy the situation as soon as possible,

— only those workers who are essential to the carrying
out of repairs and other necessary work shall be
permitted to work in the affected area.

3.
The workers who are permitted to work in the
affected area shall be provided with appropriate protective
clothing, personal protective equipment, specialised safety
equipment and plant which they must use as long as the
situation persits; that situation shall not be permanent.

Unprotected persons shall not be permitted to remain in
the affected area.

4. Without prejudice
to Article 8 of Directive
89/391/EEC the employer shall take the measures neces-
sary to provide the warning and other communication

systems required to signal an increased risk to safety and
health, to enable an appropriate response and to launch
remedial actions, assistance, escape and rescue operations
immediately if the need arises.

The employer shall ensure that

5.
information on
emergency arrangements involving hazardous chemical
agents is available. The relevant internal and external ac-
cident and emergency services shall have access to this
information. It shall include the following:

— advance notice of relevant work hazards, hazard iden-
tification arrangements, precautions and procedures,
so that the emergency services can prepare their own
response procedures and precautionary measures; and

— any available information concerning specific hazards
arising, or likely to rise, at the time of an accident or
including information on procedures
emergency,
prepared prusuant to this Article.

Article 8

Information and training for workers

1. Without prejudice to Articles 10 and 12 of Directive
89/391/EEC the employer
shall ensure that workers
and/or their representatives are provided with:

— the data obtained pursuant to Article 4 of this Dir-
ective, and further informed whenever a major altera-
tion at the workplace leads to a change in these data,

— information on the hazardous chemical agents occur-
ring in the workplace, such as the identity of those
agents, the risks to safety and health, relevant occupa-
tional exposure limit values and other
legislative
provisions,

— training and information on appropriate precautions
and actions to be taken in order to safeguard them-
selves and other workers at the workplace,

— access

to any safety data sheet provided by the
supplier in accordance with Article 10 of Directive
88/379/EEC and Article 27 of Directive 92/32/
EEC (2);

and that the information is:

— provided in a manner appropriate to the outcome of
the risk assessment pursuant to Article 4 of this Dir-
ective. This may vary from oral communication to
individual instruction and training supported by infor-
mation in writing, depending on the nature and
degree of the risk revealed by the assessment required
by the said Article,

— updated to take account of changing circumstances.

(1) OJ L 100, 19. 4. 1994, p. 1.

(2) OJ L 154, 5. 6. 1992, p. 1.

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2. Where containers and pipes for hazardous chemical
agents used at work are not marked in accordance with
the relevant Community legislation on the labelling of
chemical agents and on safety signs at the workplace, the
shall, without prejudice to the derogations
employer
provided for in the abovementioned legislation, ensure
that the contents of the containers and pipes, together
with the nature of
those contents and any associated
hazards, are clearly identifiable.

3. Member States may take measures necessary to
ensure that employers may, preferably from the producer
or supplier, obtain on request all information on hazard-
ous chemical agents needed to apply Article 4(1) of this
Directive,
67/548/EEC and
as Directives
88/379/EEC do not include any obligation to provide
information.

insofar

SECTION III

MISCELLANEOUS PROVISIONS

Article 9

Prohibitions

1.
To prevent the exposure of workers to health risks
from certain chemical agents and/or certain activities
involving chemical agents, the production, manufacture
or use at work of the chemical agents and the activities set
out in Annex III shall be prohibited to the extent speci-
fied therein.

2. Member States may permit derogations from re-
quirements of paragraph 1 in the following circumstances:

— for the sole purpose of scientific research and testing,

including analysis,

— for activities intended to eliminate chemical agents
that are present in the form of by-products or waste
products,

— for the production of the chemical agents referred to
in paragraph 1 for use as intermediates, and for such
use.

The exposure of workers to chemical agents referred to in
paragraph 1 must be prevented, in particular by providing
that
the production and earliest possible use of such
chemical agents as intermediates must take place in a
single closed system, from which the aforesaid chemical
agents may be removed only to the extent necessary to
monitor the process or service the system.

Member States may provide for systems of
authorisations.

individual

3. When derogations are permitted pursuant to para-
graph 2,
the
employer to submit the following information:

the competent authority shall

request

— the reason for requesting the derogation,

— the quantity of the chemical agent to be used annu-

ally,

— the activities and/or reactions or processes involved,

— the number of workers liable to be involved,

— the precautions envisaged to protect the safety and

health of workers concerned,

— the technical and organisational measures taken to

prevent the exposure of workers.

The Council, in accordance with the procedure laid
4.
down in Article 118a of the Treaty, may amend the list of
prohibitions under paragraph 1 of this Article, to include
further chemical agents or activities.

Article 10

Health surveillance

1. Without prejudice
to Article 14 of Directive
89/391/EEC, Member States shall introduce arrangements
for carrying out appropriate health surveillance of workers
for whom the results of the assessment referred to in
Article 4 of this Directive reveal a risk to health. These
arrangements,
including the requirements specified for
health and exposure records and their availability, shall be
introduced in accordance with national laws and/or prac-
tice.

Health surveillance, the results of which shall be taken
into account
in applying preventive measures in the
specific workplace, shall be appropriate where:

— the exposure of the worker to a hazardous chemical
agent is such that an identifiable disease or adverse
health effect may be related to the exposure, and

— there is a likelihood that the disease or effect may
occur under the particular conditions of the worker’s
work, and

— the technique of

investigation is of

low risk to

workers.

Furthermore, there shall be valid techniques for detecting
indications of the disease or effect.

Where a binding biological limit value has been set as
indicated in Annex II, health surveillance shall be a
compulsory requirement
for work with the hazardous
chemical agent in question, in accordance with the pro-
cedures in that Annex. Workers shall be informed of this
requirement before being assigned to the task involving
risk of exposure to the hazardous chemical agent indi-
cated.

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shall establish arrangements

2. Member States
to
ensure that for each worker who undergoes health surveil-
lance in accordance with the requirements of paragraph 1,
individual health and exposure records are made and kept
up-to-date.

— arrange continued health surveillance and provide for
a review of the health status of any other worker who
has been similarly exposed. In such cases the compet-
ent doctor or occupational health-care professional or
the competent authority may propose that exposed
persons undergo a medical examination.

records

3. Health and exposure
contain a
summary of the results of health surveillance carried out
and of any monitoring data representative of the exposure
of the individual. Biological monitoring and related re-
quirements may form part of health surveillance.

shall

Article 11

Consultation and participation of workers

Health and exposure records shall be kept in a suitable
form so as to permit consultation at a later date, taking
into account any confidentiality.

Consultation and participation of workers and/or their
representatives shall take place in accordance with Article
11 of Directive 89/391/EEC on the matters covered by
this Directive, including the Annexes hereto.

Copies of the appropriate records shall be supplied to the
competent authority on request. The individual worker
shall, at his request, have access to the health and expos-
ure records relating to him personally.

Where an undertaking ceases to trade, the health and
exposure records shall be made available to the competent
authority.

4. Where, as a result of health surveillance:

— a worker is found to have an identifiable disease or
adverse health effect which is considered by a doctor
or occupational health-care professional
to be the
result of exposure at work to a hazardous chemical
agent, or

— a binding biological limit value is found to have been

exceeded,

the worker shall be informed by the doctor or other
suitably qualified person of the result which relates to
him personally, including information and advice regard-
ing any health surveillance which he should undergo
following the end of the exposure, and

the employer shall:

— review the risk assessment made pursuant to Article

4(1),

— review the measures provided to eliminate or reduce

risks pursuant to Articles 5 and 6,

— take into account

the occupational
the advice of
health-care professional or other suitably qualified
person or the competent authority in implementing
any measures required to eliminate or reduce risk in
accordance with Article 6, including the possibility of
assigning the worker to alternative work where there is
no risk of further exposure, and

Article 12

Adaptation of the Annexes, preparation and adop-
tion of technical guidance

Adjustments of a strictly technical nature to the

1.
Annexes in line with:

— the adoption of Directives in the field of technical
concerning

standardisation

harmonisation
chemical agents, and/or

and

— technical progress, changes in international standards
concerning

and new findings

or
specifications
chemical agents,

shall be adopted in accordance with the procedure laid
down in Article 17 of Directive 89/391/EEC.

2.
The Commission shall draw up practical guidelines
of a non-binding nature. These guidelines shall address
the topics referred to in Articles 3, 4, 5 and 6, and Annex
II, section 1.

the Advisory
first
The Commission shall
Committee on Safety, Hygiene and Health Protection at
Work in accordance with Decision 74/325/EEC.

consult

the application of

In the context of
this Directive,
Member States shall take account as far as possible of
these guidelines in drawing up their national policies for
the protection of the health and safety of workers.

Article 13

Repeal and amendment of earlier Directives

1. Directives
and
88/364/EEC shall be repealed on the date referred to in
Article 14(1).

80/1107/EEC,

82/605/EEC

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5. Directives 91/322/EEC and 96/94/EC remain in
force.

SECTION IV

Final provisions

Article 14

1. Member States shall bring into force the laws, regu-
lations and administrative provisions necessary to comply
with this Directive not later than 5 May 2001. They shall
forthwith inform the Commission thereof.

When Member States adopt these measures, they shall
contain a reference to this Directive or shall be accompa-
nied by such reference on the occasion of their official
publication. The methods for making such reference shall
be laid down by Member States.

2. Member States shall communicate to the Commis-
sion the texts of the provisions of national law which they
have already adopted or which they adopt in the field
governed by this Directive.

Article 15

Member States shall report to the Commission every five
years on the practical implementation of this Directive,
indicating the views of employers and workers.

The Commission shall inform the European Parliament,
the Council and the Economic and Social Committee
thereof.

Article 16

This Directive shall enter into force on the twentieth day
following that of its publication in the Official Journal of
the European Communities.

Article 17

This Directive is addressed to the Member States.

Done at Luxembourg, 7 April 1998.

For the Council

The President

D. BLUNKETT

2.
Council Directive 83/477/EEC of 19 September
1983 on the protection of workers from the risks related
to exposure to asbestos at work (second individual Dir-
ective within the meaning of Article 8 of Directive
80/1107/EEC) (1), is amended as follows:

(a) in the first sentence of Article 1(1),

the following

words shall be deleted:

‘which is the second individual Directive within the
meaning of Article 8 of Directive 80/1107/EEC’;

(b) Article 9(2) shall be replaced by the following:

to

The

adapt

amendments necessary

‘2.
the
Annexes to this Directive to technical progress shall
be adopted in accordance with the procedure laid
down in Article 17 of Council Directive 89/391/EEC
of 12 June 1989 on the introduction of measures to
encourage improvements in the safety and health of
workers at the workplace (*).

(*) OJ L 183, 29. 6. 1989, p. 1.’;

(c) in the second subparagraph of Article 15(1) the words
‘in accordance with the procedure set out in Article 10
of Directive 80/1107/EEC’ shall be replaced by

‘in accordance with the procedure laid down in Article
17 of Directive 89/391/EEC’.

3.
Council Directive 86/188/EEC of 12 May 1986 on
the protection of workers from the risks related to expos-
ure to noise at work (2) is amended as follows:

(a) in Article 1(1), the following words shall be deleted:

‘which is the third individual Directive within the
meaning of Directive 80/1107/EEC’;

(b) in Article 12(2),

the second subparagraph shall be

replaced by the following:

I and II

‘Annexes
shall be adapted to technical
progress in accordance with the procedure laid down
in Article 17 of Council Directive 89/391/EEC of 12
June 1989 on the introduction of measures to encou-
rage improvements in the safety and health of workers
at the workplace (*).

(*) OJ L 183, 29. 6. 1989, p. 1.’

4.
Any other reference in Directive 83/477/EEC and
Directive 86/188/EEC to Directive 80/1107/EEC shall be
obsolete from the date of repeal of the said Directive.

(1) OJ L 263, 24. 9. 1983, p. 25. Directive as amended by Dir-

ective 91/382/EEC (OJ L 206, 29. 7. 1991, p. 16).

(2) OJ L 137, 24. 5. 1986, p. 28.

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ANNEX I

LIST OF BINDING OCCUPATIONAL EXPOSURE LIMIT VALUES

Name of agent

EINECS No (1)

CAS No (2)

Occupational
exposure limit value
8 h (3)

Occupational
exposure limit value
Short-term (4)

mg/m3 (5)

ppm (6)

mg/m3

ppm

Inorganic lead and
its compounds

0,15

(1) EINECS: European Inventory of Existing Commercial Chemical Substances.
(2) CAS: Chemical Abstracts Service.
(3) Measured or calculated in relation to a reference period of eight hours, time-weighted average.
(4) A limit value above which exposure should not occur, and which is related to a 15 minute period unless otherwise speci-

fied.

(5) mg/m3 = milligrams per cubic metre of air at 20 HC and 101,3 kPa.
(6) ppm = parts per million by volume in air (ml/m3).

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ANNEX II

BINDING BIOLOGICAL LIMIT VALUES AND HEALTH SURVEILLANCE MEASURES

1. Lead and its ionic compounds

1.1. Biological monitoring must include measuring the blood-lead level (PbB) using absorption spectrometry

or a method giving equivalent results. The binding biological limit value is:

70 lg Pb/100 ml blood

1.2 Medical surveillance is carried out if:

— exposure to a concentration of lead in air is greater than 0,075 mg/m3, calculated as a time-weighted

average over 40 hours per week, or

— a blood-lead level greater than 40 lg Pb/100 ml blood is measured in individual workers.

1.3 Practical guidelines for biological monitoring and medical surveillance must be developed in accordance
with Article 12(2). These must include recommendations of biological indicators (e.g. ALAU, ZPP,
ALAD) and biological monitoring strategies.

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ANNEX III

PROHIBITIONS

The production, manufacture or use at work of the chemical agents and activities involving chemical agents
set out below are prohibited. The prohibition does not apply if the chemical agent is present in another
chemical agent, or as a constituent of waste, provided that its individual concentration therein is less than the
limit specified.

(a) Chemical Agents

EINECS No (1)

CAS No (2)

Name of agent

Concentration limit
for exemption

202-080-4

91-59-8

2-naphthylamine and its salts

0,1 % w/w

202-177-1

92-67-1

4-aminodiphenyl and its salts

0,1 % w/w

202-199-1

92-87-5

Benzidine and its salts

202-204-7

92-93-3

4-nitrodiphenyl

0,1 % w/w

0,1 % w/w

(1) EINECS: European Inventory of Existing Commercial Chemical Substances
(2) CAS: Chemical Abstracts Service

(b) Work activities

None.