Council Conclusions of 7 April 1998 on the protection of workers against the risks from exposure to asbestos
Date: 1998-04-07
Institutions: Council of the European Union
Subjects: asbestos, health policy, health risk, occupational health, occupational safety, worker information

7.5.98

EN

Official  Journal  of  the  European  Communities

C  142/1

I

(Information)

COUNCIL

COUNCIL  CONCLUSIONS

of  7  April  1998

on  the  protection  of  workers  against  the  risks  from  exposure  to  asbestos

(98/C  142/01)

1.(cid:217)The  Council  notes  the  Commission’s  communication
on  the  results  of  the  assessment  provided  for 
in
Council  Directive  83/477/EEC  of  19  September  1983
on  the  protection  of  workers  from  the  risks  related  to
exposure 
individual
to  asbestos  at  work  (second 
Directive  within  the  meaning  of  Article  8  of  Directive
80/1107/EEC)(cid:216)(˛)  and  recalls  its  conclusion  that  the
existing  framework  of  controls  was  generally  sound.

The  Commission  communication  nevertheless  went  on
to  note:

(a)(cid:217)that 

existing 

under  Directive
83/477/EEC  require  all  employers  to  assess  the
risks  of  exposure  to  asbestos;

provisions 

2.(cid:217)The  Council  also  notes  that:

(a)(cid:217)the  highest  risks  are  now  faced  by  workers
involved 
in  the  removal  of  asbestos,  and  by
workers  who  encounter  asbestos  incidentally  to
their  work,  in  particular,  on  the  maintenance  and
servicing  of,  for  example,  buildings,  plants,  ships
and  trains;

(b) for  the  first  group  of  workers,  higher  standards  of
worker  protection  can  be  achieved  if  workers  and
employers  involved  in  work  with  asbestos  have
demonstrated  their  competence  to  carry  out  such
work,  and  are  subject  to  specific  control  regimes
and  training  arrangements;

(b) that  any  review  of  Directive  83/477/EEC  might
concentrate  precautions  on  those  activities  which
now 
involve  the  greatest  risk  of  exposure  to
asbestos;

(c) for  the  second  group  of  workers,  higher  standards
of  protection  can  be  achieved  if  they  have  prior
knowledge  of  the  presence  of  asbestos  and  appro(cid:220)
priate  training;

limits 

for  exposure 

(c) that  the  Commission  would  carry  out  further
studies  on 
to  chrysotile
asbestos  and  on  methods  for  measuring  asbestos
in  air  (taking  account  of  the  method  adopted  by
the  World  Health  Organisation  (WHO)),  and
that  similar  activity  should  be  undertaken  on
substitute  fibres;

(d) the  information  and  training  needs  of  workers
vary  depending  on  the  type  of  exposure 
to
asbestos  involved  in  their  work  (that  is,  between
those  who  regularly  and  intentionally  work  with
asbestos  and  those  who  may  encounter  it  inci(cid:220)
dentally  during  their  work);

(d) that  certain  Member  States  addressed  the  problem
of  unexpected  exposure  to  asbestos  by  obliging
some  cases  proprietors  of
employers  or 
buildings 
its  presence.  The
to 
these
Commission 
approaches,  while  noting  that  for  small  enterprises
which  may 
these
premises 
procedures  could  entail  a  financial  burden.

some  advantages 

in 
search 

occupy 

older 

saw 

for 

in 

(e) all 

substitute 

80/1107/EEC 

fibres  are  currently 

regulated
of
under  Council  Directive 
27  November  1980  on  the  protection  of  workers
from  the  risks  related  to  exposure  to  chemical,
physical  and  biological  agents  at  work(cid:216)(ˇ)  and  will
be  regulated  under  the  proposed  Chemical  Agents
Directive;  moreover,  certain  types  of  man(cid:220)made
vitreous  fibres  meet  the  criteria  to  be  classified  as
carcinogenic  under  Council  Directive  67/548/

(˛)(cid:217)OJ  L  263,  24.9.1983,  p.  25.

(ˇ)(cid:217)OJ  L  327,  3.12.1980,  p.  8.  Directive  as  amended  by  Directive

88/642/EEC  (OJ  L(cid:216)356,  24.12.1988,  p.(cid:217)74).

C  142/2

EN

Official  Journal  of  the  European  Communities

7.5.98

to 

EEC  of  27  June  1967  on  the  approximation  of
laws,  regulations  and  administrative  provisions
relating 
the  classification,  packaging  and
labelling  of  dangerous  substances(cid:216)(˛)  and,  as  such,
are  subject  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 
the
of  Directive
meaning 
89/391/EEC)(cid:216)(ˇ).

individual  Directive  within 
16(1) 

of  Article 

(sixth 

3.(cid:217)Without  prejudice  to  further  measures  which  may  be
taken  on  the  marketing  and  use  of  chrysotile  asbestos,
in
which  may  have 
consideration  of  future  action  for  worker  protection,
the  Council  invites  the  Commission:

into  account 

to  be 

taken 

(a)(cid:217)to  bring 

forward  proposals 

amending
Directive  83/477/EEC,  considering  in  particular
the  merits  of:

for 

(i) refocusing  protective  measures  on  those  who

are  now  most  at  risk;

(ii) ensuring  that  the  Directive’s  risk  assessment
provisions  adequately  reflect 
the  different
risks  arising  from  work  where  exposure  to
asbestos  is,  on  the  one  hand,  an  intrinsic
feature  of  and,  on  the  other  hand,  incidental
to  the  operation  performed,  and  also  the
different  information  and  training  needs  of
workers  depending  on  the  type  of  exposure
involved;

(iii)(cid:217)emphasising  that  the  prevention  or  mini(cid:220)
misation  of  exposure  to  asbestos  can  be
assured  by  a  range  of  measures,  including  the
maintenance  of  asbestos(cid:220)containing  materials
in  a  safe  condition  in  order  to  prevent  the
release  of  fibres  and,  where  appropriate,  their
removal  and  disposal  under  strict  controls;

(iv) introducing 

further  Community  provisions
for  work  giving  rise  to  specific  risks,  having
considered 
systems  currently
applied  in  the  Member  States;

the  control 

(v) revising  the  concentration  levels  set  out  at
Article  3(3)  of  the  Directive  and  exposure
and  measurement
limits 
latest
the 
methods, 

at  Article  8, 

into  account 

taking 

(˛)(cid:217)OJ  L  196,  16.8.1967,  p.  1.  Directive  as  last  amended  by
Commission  Directive  97/69/EC  (OJ  L  343,  13.12.1997,
p.  19).

(ˇ)(cid:217)OJ  L  196,  26.7.1990,  p.  1.

technology 

scientific  knowledge  and 
to
improve  the  minimum  levels  of  protection;
and  reviewing  the  assessment  of  asbestos
fibres  in  air  to  take  account,  in  particular,  of
the  new  WHO  method  for  counting  fibres;

(b) to  continue  to  review  the  risks  arising  from  the
use  of  certain  fibres  which  are  commonly  used  as
substitutes  for  asbestos  and  the  existing  regulatory
provisions  which  apply  to  these  fibres,  including
exposure 
in
order  to  ensure  that  workers  are  adequately
protected  from  risk;

limits  and  measurement  methods, 

(c) to  review  the  existing  regulatory  provisions  and
initiatives  in  the  Member  States  in  respect  of  the
need  to  provide  information  on  the  presence  of
asbestos,  addressing  as  appropriate  the  respective
responsibilities  of  employers  and  owners  of
premises.

4.(cid:217)The  Council  also  invites:

(a)(cid:217)the  Commission,  with 

the
European  Agency  for  Safety  and  Health  at  Work
where  appropriate,  to  consider  how  to  encourage:

the  assistance  of 

(i) information  for  workers  which  focuses  on  the
specific  risks  encountered  in  different  work
situations,  and

(ii)(cid:217)good  practice  in  the  training  of  workers  who
incidental  or

may  be  at  risk  either  from 
regular  exposure  to  asbestos;

(b) the  Commission  and 

through 
Inspectors, 

in
the  Member  States, 
the  Committee  of  Senior
particular 
Labour 
effective
to 
compliance  and  enforcement  measures  where
asbestos  is  encountered  in  workplaces  by  sharing
experience  and  best  practice.

encourage 

5.(cid:217)The  Council  invites  the  Commission  to  take  forward
this  further  work  in  cooperation  with  Member  States
and  the  social  partners  (in  particular  through  the
Advisory  Committee  on  Safety,  Hygiene  and  Health
Protection  at  Work),  with  the  European  Parliament
and  with  the  Economic  and  Social  Committee.

6.(cid:217)The  Council 

the  Commission 
informed  of  progress  on  these  initiatives.

invites 

to  keep 

it