Common Position (EC) No 24/2005 of 18 April 2005 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a directive of the European Parliament and of the Council on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (optical radiation) (19th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)
Date: 2005-04-18
Institutions: Council of the European Union
Subjects: labour standard, non-ionising radiation, occupational safety, radiobiology, worker participation

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COMMON POSITION (EC) No 24/2005

adopted by the Council on 18 April 2005

with a view to adopting Directive 2005/…/EC of the European Parliament and of the Council of …
on the minimum health and safety requirements regarding the exposure of workers to the risks
arising from physical agents (optical radiation) (19th individual Directive within the meaning of
Article 16(1) of Directive 89/391/EEC)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

(3)

(2005/C 172 E/02)

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 137(2) thereof,

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

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

After consulting the Committee of the Regions,

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

Whereas:

(1)

(2)

Under the Treaty the Council may, by means of direc-
tives, adopt minimum requirements for encouraging
improvements, especially in the working environment,
to guarantee a better level of protection of the health
and safety of workers. Such directives are to avoid
imposing administrative, financial and legal constraints
in a way which would hold back the creation and devel-
opment of small and medium-sized undertakings.

The communication from the Commission concerning
its action programme relating to the implementation of
the Fundamental Social
the Community Charter of
Rights of Workers provides for the introduction of
minimum health and safety requirements regarding the
exposure of workers to the risks caused by physical
agents.
In September 1990 the European Parliament
action
adopted
programme (4), inviting the Commission in particular to
draw up a specific directive on the risks caused by noise,
vibration and any other physical agents at the work-
place.

concerning

Resolution

this

a

(1) OJ C 77, 18.3.1993, p. 12 and OJ C 230, 19.8.1994, p. 3.
(2) OJ C 249, 13.9.1993, p. 28.
(3) Opinion of the European Parliament of 20 April 1994 (OJ C 128,
9.5.1994, p. 146) confirmed on 16 September 1999 (OJ C 54,
25.2.2000, p. 75), Council Common Position of 18 April 2005 and
Position of the European Parliament of … (not yet published in the
Official Journal).

(4) OJ C 260, 15.10.1990, p. 167.

As a first step, the European Parliament and the Council
adopted Directive 2002/44/EC of 25 June 2002 on the
minimum health and safety requirements regarding the
exposure of workers to the risks arising from physical
agents (vibration) (16th individual Directive within the
meaning of Article 16(1) of Directive 89/391/EEC) (5).
Next, on 6 February 2003, the European Parliament and
the Council adopted Directive 2003/10/EC on the
minimum health and safety requirements regarding the
exposure of workers to the risks arising from physical
(17th individual Directive within the
agents
meaning of Article 16(1) of Directive 89/391/EEC) (6).
Thereafter, on 29 April 2004, the European Parliament
and the Council adopted Directive 2004/40/EC on the
minimum health and safety requirements regarding the
exposure of workers to the risks arising from physical
agents (electromagnetic fields) (18th individual Directive
within the meaning of Article 16(1) of Directive
89/391/EEC) (7).

(noise)

(4)

(5)

(6)

It is now considered necessary to introduce measures
protecting workers from the risks associated with optical
radiation, owing to its effects on the health and safety of
workers,
in particular damage to the eyes and to the
skin. These measures are intended not only to ensure the
health and safety of each worker on an individual basis,
but also to create a minimum basis of protection for all
Community workers, in order to avoid possible distor-
tions of competition.

This Directive lays down minimum requirements, thus
giving Member States the option of maintaining or
adopting more stringent provisions for the protection of
workers, in particular the fixing of lower exposure limit
values. The implementation of this Directive should not
serve to justify any regression in relation to the situation
which already prevails in each Member State.

A system of protection against the hazards of optical
radiation should limit itself to a definition, free of exces-
sive detail, of the objectives to be attained, the principles
to be observed and the fundamental values
to be
applied, in order to enable Member States to apply the
minimum requirements in an equivalent manner.

(5) OJ L 177, 6.7.2002, p. 13.
(6) OJ L 42, 15.2.2003, p. 38.
(7) OJ L 159, 30.4.2004, p. 1, as corrected in OJ L 184, 24.5.2004, p.

1.

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(7)

(8)

(9)

The level of exposure to optical radiation can be more
effectively reduced by incorporating preventive measures
into the design of workstations and by selecting work
equipment, procedures and methods so as to give
priority to reducing the risks at source. Provisions
relating to work equipment and methods thus contribute
to the protection of the workers involved. In accordance
with the general principles of prevention as laid down in
Article 6(2) 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 (1), collective protection measures have priority
over individual protection measures.

preventive measures, including information and training
for workers, are critical in the assessment of risk and the
reduction of solar exposure risks.

(14)

In accordance with paragraph 34 of the Interinstitutional
Agreement on better law-making (3), Member States are
encouraged to draw up, for themselves and in the inter-
ests of the Community, their own tables, which will, as
far as possible,
illustrate the correlation between this
Directive and the transposition measures, and to make
them public,

Employers should make adjustments in the light of tech-
nical progress and scientific knowledge regarding risks
related to exposure to optical radiation, with a view to
improving the safety and health protection of workers.

HAVE ADOPTED THIS DIRECTIVE:

Since this Directive is an individual directive within the
meaning of Article 16(1) of Directive 89/391/EEC, that
Directive applies to the exposure of workers to optical
radiation, without prejudice to more stringent and/or
specific provisions contained in this Directive.

SECTION I

GENERAL PROVISIONS

Article 1

Aim and scope

(10)

This Directive constitutes a practical
creating the social dimension of the internal market.

step towards

(11) A complementary approach that both promotes the
principle of better regulation and ensures a high level of
protection can be achieved where the products made by
the manufacturers of optical radiation sources and asso-
ciated equipment comply with harmonised standards
devised to protect the health and safety of users from
the hazards inherent in such products; accordingly, it is
not necessary for employers to repeat the measurements
or calculations already undertaken by the manufacturer
to determine
safety
compliance with the
requirements of such equipment as specified in the
applicable Community Directives.

essential

(12)

The measures necessary for the implementation of this
Directive should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down
the procedures for the exercise of implementing powers
conferred on the Commission (2).

(13) Adherence to the exposure limit values should provide a
high level of protection as regards the health effects that
may result from exposure to optical radiation. However,
since the application of exposure limit values and engi-
neering controls are not deemed appropriate in the case
of exposure to natural sources of optical radiation,

(1) OJ L 183, 29.6.1989, p. 1. Directive as amended by Regulation (EC)
No 1882/2003 of the European Parliament and the Council (OJ L
284, 31.10.2003, p. 1).
(2) OJ L 184, 17.7.1999, p. 23.

This Directive, which is the 19th individual Directive
1.
within the meaning of Article 16(l) of Directive 89/391/EEC,
lays down minimum requirements
the protection of
workers from risks to their health and safety arising or likely to
arise from exposure to optical radiation during their work.

for

2.
This Directive refers to the risk to the health and safety of
workers due to adverse effects caused by exposure to optical
radiation to the eyes and to the skin.

3.
Directive 89/391/EEC shall apply fully to the whole area
referred to in paragraph 1, without prejudice to more stringent
and/or more specific provisions contained in this Directive.

Article 2

Definitions

For the purposes of this Directive, the following definitions
shall apply:

(a) optical

radiation: any electromagnetic radiation in the
wavelength range between 100 nm and 1 mm. The spec-
trum of optical radiation is divided into ultraviolet radia-
tion, visible radiation and infrared radiation:

(i) ultraviolet radiation: optical radiation of wavelength
range between 100 nm and 400 nm. The ultraviolet
region is divided into UVA (315 to 400 nm), UVB
(280 to 315 nm) and UVC (100 to 280 nm);

(3) OJ C 321, 31.12.2003, p. 1.

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(ii) visible radiation: optical radiation of wavelength range

between 380 nm and 780 nm;

SECTION II

(iii) infrared radiation: optical

radiation of wavelength
range between 780 nm and 1 mm. The infrared
region is divided into IRA (780 to 1 400 nm), IRB
(1 400 to 3 000 nm) and IRC (3 000 nm to 1 mm);

(b) laser (light amplification by stimulated emission of radia-
tion): any device which can be made to produce or amplify
electromagnetic radiation in the optical radiation wave-
length range primarily by the process of controlled stimu-
lated emission;

(c) laser radiation: optical radiation from a laser;

(d) non-coherent radiation: any optical radiation other than

laser radiation;

(e) exposure limit values: limits on exposure to optical radia-
tion which are based directly on established health effects
and biological considerations. Compliance with these limits
will ensure that workers exposed to artificial sources of
optical radiation are protected against all known adverse
health effects;

(f) irradiance (E) or power density: the radiant power incident
per unit area upon a surface expressed in watts per square
metre (W m-2);

(g) radiant exposure (H): the time integral of the irradiance,

expressed in joules per square metre (J m-2);

(h) radiance (L): the radiant flux or power output per unit solid
angle per unit area, expressed in watts per square metre per
steradian (W m-2 sr-1);

(i) level: the combination of irradiance, radiant exposure and

radiance to which a worker is exposed.

Article 3

Exposure limit values

OBLIGATIONS OF EMPLOYERS

Article 4

Determination of exposure and assessment of risks

1.
In carrying out the obligations laid down in Articles 6(3)
and 9(1) of Directive 89/391/EEC, the employer, in the case of
workers exposed to artificial sources of optical radiation, shall
assess and, if necessary, measure and/or calculate the levels of
exposure to optical radiation to which workers are likely to be
exposed so that the measures needed to restrict exposure to the
applicable limits can be identified and put into effect. The
methodology applied in assessment, measurement and/or calcu-
lations shall follow the standards of the International Electro-
technical Commission (IEC) in respect of laser radiation and the
recommendations of the International Commission on Illumi-
nation (CIE) and the European Committee for Standardisation
(CEN) in respect of non-coherent radiation. In exposure situa-
tions which are not covered by these standards and recommen-
dations, and until appropriate EU standards or recommenda-
tions become available, assessment, measurement and/or calcu-
lations shall be carried out using available national or interna-
tional science-based guidelines. In both exposure situations, the
assessment may take account of data provided by the manufac-
turers of the equipment when it is covered by relevant Com-
munity Directives.

2.
In carrying out the obligations laid down in Articles 6(3)
and 9(1) of Directive 89/391/EEC, the employer, in the case of
workers exposed to natural sources of optical radiation, shall
assess the risks to health and safety so that
the measures
needed to minimise these risks can be identified and put into
effect.

3.
The assessment, measurement and/or calculations referred
to in paragraph 1 and the assessment referred to in paragraph
2 shall be planned and carried out by competent services or
persons at suitable intervals, taking particular account of the
provisions of Articles 7 and 11 of Directive 89/391/EEC
concerning the necessary competent services or persons and
the consultation and participation of workers. The data
obtained from the assessments, including those obtained from
the measurement and/or calculations of the level of exposure
referred to in paragraph 1, shall be preserved in a suitable form
so as to permit consultation at a later stage.

1.
The exposure limit values for non-coherent radiation,
other than that emitted by natural sources of optical radiation,
are as set out in Annex I.

4.
Pursuant to Article 6(3) of Directive 89/391/EEC, the
employer shall give particular attention, when carrying out the
risk assessment, to the following:

The exposure limit values for laser radiation are as set out

2.
in Annex II.

(a) the level, wavelength range and duration of exposure to

artificial sources of optical radiation;

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(b) the exposure to natural sources of optical radiation;

(c) the exposure limit values referred to in Article 3 of this

Directive;

(d) any effects concerning the health and safety of workers

belonging to particularly sensitive risk groups;

(e) any possible effects on workers' health and safety resulting
from workplace interactions between optical radiation and
photosensitising chemical substances;

The reduction of risks arising from exposure to optical radia-
tion shall be based on the general principles of prevention set
out in Directive 89/391/EEC.

2. Where the risk assessment carried out in accordance with
Article 4(1) for workers exposed to artificial sources of optical
the exposure limit values may be
radiation indicates that
exceeded, the employer shall devise and implement an action
plan comprising technical and/or organisational measures
taking into account in particular:

(a) other working methods that reduce the risk from optical

(f) any indirect effects such as temporary blinding, explosion

radiation;

or fire;

(g) the existence of replacement equipment designed to reduce

the levels of exposure to optical radiation;

(h) appropriate information obtained from health surveillance,

including published information, as far as possible;

(i) multiple sources of exposure to optical radiation;

(j) a classification applied to a laser as defined in accordance
with the relevant IEC standard and, in relation to any artifi-
cial source likely to cause damage similar to that of a laser
of class 3B or 4, any similar classification;

(k) information provided by the manufacturers of optical radia-
tion sources and associated work equipment in accordance
with the relevant Community Directives.

5.
The employer shall be in possession of an assessment of
the risk in accordance with Article 9(1)(a) of Directive
89/391/EEC and shall identify which measures must be taken
in accordance with Articles 5 and 6 of this Directive. The risk
assessment shall be recorded on a suitable medium, according
to national law and practice; it may include a justification by
the employer that the nature and extent of the risks related to
optical radiation make a further, detailed risk assessment unne-
cessary. The risk assessment shall be updated on a regular
basis, particularly if there have been significant changes which
could render it out of date, or if the results of health surveil-
lance show it to be necessary.

Article 5

Provisions aimed at avoiding or reducing risks

Taking account of technical progress and of the avail-
1.
ability of measures to control the risk at source, the risks
arising from exposure to optical radiation shall be eliminated
or reduced to a minimum.

(b) the choice of equipment emitting less optical radiation,

taking account of the work to be done;

(c) technical measures to reduce the emission of optical radia-
interlocks,

tion including, where necessary,
shielding or similar health protection mechanisms;

the use of

(d) appropriate maintenance programmes for work equipment,

workplaces and workstation systems;

(e) the design and layout of workplaces and workstations;

(f) limitation of the duration and level of the exposure;

(g) the availability of appropriate personal protective equip-

ment;

(h) the instructions of

the manufacturer of

the equipment

where it is covered by relevant Community Directives.

3. Where the risk assessment carried out in accordance with
indicates a risk for workers exposed to natural
Article 4(2)
sources of optical radiation,
the employer shall devise and
implement an action plan comprising technical and/or organi-
sational measures in order to reduce the health and safety risks
to a minimum.

4.
On the basis of the risk assessment carried out in accord-
ance with Article 4, workplaces where workers could be
exposed to levels of optical radiation from artificial sources
exceeding the exposure limit values shall be indicated by appro-
priate signs in accordance with Council Directive 92/58/EEC of
24 June 1992 on the minimum requirements for the provision
of safety and/or health signs at work (9th individual Directive
within
of Directive
of Article
89/391/EEC) (1). The areas in question shall be identified, and
access to them limited where this is technically possible and
where there is a risk that the exposure limit values could be
exceeded.

the meaning

16(1)

(1) OJ L 245, 26.8.1992, p. 23.

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5.
If, despite the measures taken by the employer to comply
with this Directive in respect of artificial sources of optical
radiation, the exposure limit values are exceeded, the employer
shall take immediate action to reduce exposure below the expo-
sure limit values. The employer shall identify the reasons why
the exposure limit values have been exceeded and shall adapt
the protection and prevention measures accordingly in order to
prevent them being exceeded again. In any event, workers shall
not be exposed above the exposure limit values.

Pursuant

to Article 15 of Directive 89/391/EEC,

6.
the
employer shall adapt the measures referred to in this Article to
the requirements of workers belonging to particularly sensitive
risk groups.

SECTION III

MISCELLANEOUS PROVISIONS

Article 8

Health surveillance

Article 6

Worker information and training

to Articles 10 and 12 of Directive
Without prejudice
89/391/EEC, the employer shall ensure that workers who are
exposed to risks from optical radiation at work and/or their
representatives receive any necessary information and training
relating to the outcome of the risk assessment provided for in
Article 4 of this Directive, concerning in particular:

(a) measures taken to implement this Directive;

(b) the exposure limit values and the associated potential risks;

(c) the results of the assessment, measurement and/or calcula-
tions of the levels of exposure to optical radiation carried
out in accordance with Article 4 of this Directive together
with an explanation of their significance and potential risks;

(d) how to detect adverse health effects of exposure and how

to report them;

(e) the circumstances in which workers are entitled to health

surveillance;

(f) safe working practices to minimise risks from exposure;

(g) proper use of appropriate personal protective equipment.

Article 7

Consultation and participation of workers

1. Without prejudice to Article 14 of Directive 89/391/EEC,
Member States shall adopt provisions to ensure the appropriate
health surveillance of workers where the outcome of the risk
assessment provided for in Article 4 of this Directive indicates
a significant risk to their health. Those provisions, including
the requirements specified for health records and their avail-
ability, shall be introduced in accordance with national
law
and/or practice.

2. Member States shall establish arrangements to ensure
that, for each worker who undergoes health surveillance in
individual health records are
accordance with paragraph 1,
made and kept up to date. Health records shall contain a
summary of the results of the health surveillance carried out.
They shall be kept in a suitable form so as to permit consulta-
tion at a later date, taking into account any confidentiality.
Copies of the appropriate records shall be supplied to the
competent authority on request, taking into account any confi-
dentiality. Individual workers shall, at their request, have access
to their own personal health records.

3. 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 to optical radiation at
work:

(a) the worker shall be informed by the doctor or other
suitably qualified person of the result which relates to him
personally. He shall, in particular, receive information and
advice regarding any health surveillance which he should
undergo following the end of exposure;

Consultation and participation of workers and/or of their repre-
sentatives shall take place in accordance with Article 11 of
Directive 89/391/EEC on the matters covered by this Directive.

(b) the employer shall be informed of any significant findings
of the health surveillance, taking into account any medical
confidentiality;

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(c) the employer shall:

— review the risk assessment carried out pursuant

to

Article 4,

— review the measures provided for to eliminate or reduce

risks pursuant to Article 5,

— take into account the advice of the occupational health-
care professional or other suitably qualified person or
the competent authority in implementing any measure
required to eliminate or reduce risk in accordance with
Article 5,
including the possibility of assigning the
worker to alternative work which carries no risk of
exposure exceeding the appropriate exposure limit
value, and

— 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 compe-
tent doctor or occupational health care professional or
the competent authority may propose that the exposed
persons undergo a medical examination.

and new scientific findings concerning occupational expo-
sure to optical radiation,

shall be adopted in accordance with the procedure laid down
in Article 11(2).

Article 11

Committee

The Commission shall be assisted by the Committee

1.
referred to in Article 17 of Directive 89/391/EEC.

2. Where reference is made to this paragraph, Articles 5 and
7 of Decision 1999/468/EC shall apply, having regard to the
provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC
shall be set at three months.

3.

The Committee shall adopt its rules of procedure.

Article 9

Penalties

Member States shall provide for adequate penalties to be applic-
able in the event of infringement of the national
legislation
adopted pursuant to this Directive. These penalties must be
effective, proportionate and dissuasive.

Article 10

Technical amendments

1.
Any modification of the exposure limit values set out in
the Annexes shall be adopted by the European Parliament and
the Council
in accordance with the procedure laid down in
Article 137(2) of the Treaty.

Amendments to the Annexes of a strictly technical nature

2.
in line with:

(a) the adoption of directives in the field of technical harmoni-
sation and standardisation with regard to the design,
building, manufacture or construction of work equipment
and/or workplaces;

SECTION IV

FINAL PROVISIONS

Article 12

Reports

Every five years Member States shall provide the Commission
with a report on the practical implementation of this Directive,
indicating the points of view of the social partners.

Every five years the Commission shall
inform the European
Parliament, the Council, the European Economic and Social
Committee and the Advisory Committee on Safety and Health
at Work of the content of these reports, of its assessment of
developments in the field in question and of any action that
may be warranted in the light of new scientific knowledge.

Article 13

Transposition

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by … (*). They shall forthwith inform the Commis-
sion thereof.

(b) technical progress, changes in the most relevant harmo-
nised European standards or international specifications,

(*) Four years after the entry into force of this Directive.

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

2. Member States shall communicate to the Commission the
text of the provisions of national law which they adopt or have
already adopted in the field covered by this Directive.

Article 14

Entry into force

This Directive shall enter into force on the day of its publica-
tion in the Official Journal of the European Union.

Article 15

Addressees

This Directive is addressed to the Member States.

Done at …

For the European Parliament

The President

…

For the Council

The President

…

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ANNEX I

NON-COHERENT OPTICAL RADIATION

The biophysically relevant exposure values to optical radiation can be determined with the formulae below. The
formulae to be used depend on the range of radiation emitted by the source and the results should be compared with
the corresponding exposure limit values indicated in table 1.1. More than one exposure value and corresponding expo-
sure limit can be relevant for a given source of optical radiation.

Numbering (a) to (o) refers to corresponding rows of table 1.1.

(a)

HEff =

Z t

λ=400nm
Z

0

λ=180nm

Eλ λ,tð

Þ · S λð Þ · dλ · dt

(Heff is only relevant in the range 180 to 400 nm)

(b)

HUVA =

Z t

λ=400nm
Z

0

λ=315nm

Eλ λ,tð

Þ · dλ · dt

(HUVA is only relevant in the range 315 to 400 nm)

(c), (d)

LB =

(e), (f)

EB =

λ=700nm
Z

λ=300nm

λ=700nm
Z

λ=300nm

Lλ λð Þ · B λð Þ · dλ

(LB is only relevant in the range 300 to 700 nm)

Eλ λð Þ · B λð Þ · d λ

(EB is only relevant in the range 300 to 700 nm)

(g) to (l)

LR =

2

λ
Z

λ

1

Lλ λð Þ · R λð Þ · dλ

(See table 1.1 for appropriate values of λ

1 and λ

2)

(m), (n)

EIR =

λ=3000 nm
Z

λ=780 nm

Eλ λð Þ · dλ

(EIR is only relevant in the range 780 to 3 000 nm)

(o)

Hskin =

Z t

λ=3000 nm
Z

o

λ=380 nm

Eλ λ, t
ð

Þ · dλ· dt

(Hskin is only relevant in the range 380 to 3 000 nm)

For the purposes of this Directive, the formulae above can be replaced by the following expressions and the use of
discrete values as set out in the following tables:

and Heff = Eeff · ∆t

and HUVA = EUVA · ∆t

(a)

(b)

Eeff =

λ=400 nm
X

λ=180 nm

Eλ · S λð Þ · ∆λ

EUVA =

λ=400 nm
X

λ=315 nm

Eλ · ∆λ

(c), (d)

LB =

(e), (f)

EB =

λ=700 nm
X

λ=300 nm

λ=700 nm
X

λ=300 nm

Lλ · B λð Þ · ∆λ

Eλ · B λð Þ · ∆λ

(g) to (l)

LR =

λ2
X

λ

1

Lλ · R λð Þ · ∆λ

(See table 1.1 for appropriate values of λ

1 and λ

2)

(m), (n)

EIR =

λ=3000 nm
X

λ=780 nm

Eλ · ∆λ

(o)

Eskin =

λ=3000 nm
X

λ=780 nm

Eλ ·∆t

and Hskin = Eskin·∆t

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Notes:

Eλ (λ,t), Eλ

Eeff

H

Heff

EUVA

HUVA

S (λ)

t, ∆t

λ

∆ λ

spectral irradiance or spectral power density: the radiant power incident per unit area upon a surface, expressed
in watts per square metre per nanometre [W m-2 nm-1]; values of Eλ (λ,t) and Eλλ come from measurements
or may be provided by the manufacturer of the equipment;

effective irradiance (UV range): calculated irradiance within the UV wavelength range 180 to 400 nm spec-
trally weighted by S (λ), expressed in watts per square metre [W m-2];

radiant exposure, the time integral of the irradiance, expressed in joules per square metre [J m-2];

effective radiant exposure: radiant exposure spectrally weighted by S (λ), expressed in joules per square metre
[J m- 2];

total irradiance (UVA): calculated irradiance within the UVA wavelength range 315 to 400 nm, expressed in
watts per square metre [W m-2];

radiant exposure, the time and wavelength integral or sum of the irradiance within the UVA wavelength
range 315 to 400 nm, expressed in joules per square metre [J m-2];

spectral weighting taking into account the wavelength dependence of the health effects of UV radiation on
eye and skin, (table 1.2) [dimensionless];

time, duration of the exposure, expressed in seconds [s];

wavelength, expressed in nanometres [nm];

bandwidth, expressed in nanometres [nm], of the calculation or measurement intervals

Lλ (λ), Lλ

spectral radiance of the source expressed in watts per square metre per steradian per nanometre [W m- 2
sr–1 nm-1];

R (λ)

LR

B (λ)

LB

EB

EIR

Eskin

Hskin

α

spectral weighting taking into account the wavelength dependence of the thermal injury caused to the eye by
visible and IRA radiation (table 1.3) [dimensionless];

effective radiance (thermal injury): calculated radiance spectrally weighted by R (λ) expressed in watts per
square metre per steradian [W m- 2 sr –1];

spectral weighting taking into account the wavelength dependence of the photochemical injury caused to the
eye by blue light radiation (table 1.3) [dimensionless];

effective radiance (blue light): calculated radiance spectrally weighted by B (λ), expressed in watts per square
metre per steradian [W m- 2 sr –1];

effective irradiance (blue light): calculated irradiance spectrally weighted by B (λ) expressed in watts per square
metre [W m- 2];

irradiance (thermal

total
3 000 nm expressed in watts per square metre [W m-2];

injury): calculated irradiance within the infrared wavelength range 780 nm to

total irradiance (visible, IRA and IRB): calculated irradiance within the visible and infrared wavelength range
380 nm to 3 000 nm, expressed in watts per square metre [W m-2];

radiant exposure, the time and wavelength integral or sum of the irradiance within the visible and infrared
wavelength range 380 to 3 000 nm, expressed in joules per square metre (J m-2);

angular subtense: the angle subtended by an apparent source, as viewed at a point in space, expressed in
milliradians (mrad). Apparent source is the real or virtual object that forms the smallest possible retinal
image.

12.7.2005

EN

Official Journal of the European Union

C 172 E/35

Table 1.1

Exposure limit values for non-coherent optical radiation

Index

Wavelength nm

Exposure limit value

Units

Comment

Part of the body

Hazard

180-400
(UVA,
UVC)

UVB

and

Heff = 30
Daily value 8 hours

[J m-2]

HUVA = 104
Daily value 8 hours

[J m-2]

eye

cornea
conjunctiva
lensskin

photokeratitis
conjunctivitis
cataractogenesis
erythema
elastosis
skin cancer

eye

lens

cataractogenesis

for α ≥ 11 mrad

eye

retina

photoretinitis

LB: [W m-2 sr-1]
t: [seconds]

[W m-2 sr-1]

EB: [W m-2]
t: [seconds]

for α < 11 mrad
see note 2

315-400
(UVA)

300-700
(Blue light)
see note 1

300-700
(Blue light)
see note 1

300-700
(Blue light)
see note 1

300-700
(Blue light)
see note 1

380-1 400
(Visible and IRA)

380-1 400
(Visible and IRA)

380-1 400
(Visible and IRA)

780-1 400
(IRA)

780-1 400
(IRA)

780-1 400
(IRA)

LB = 106
t
for t ≤ 10 000 s

LB = 100
for t > 10 000 s

EB = 100
t
for t ≤ 10 000 s

EB = 0,01
t >10 000 s

LR =

2,8 107
Cα
for t >10 s

[W m-2]

[W m-2 sr-1]

LR = 5 107
t0:25
C α
for 10 µs ≤ t ≤ 10 s

LR: [W m-2 sr-1]
t: [seconds]

LR =

8,89 108
C α
for t <10 µs

LR = 6 106
Cα

for t > 10 s

[W m-2 sr-1]

[W m-2 sr-1]

LR = 5 107
Cα t 0:25
for 10 µs ≤ t ≤ 10 s

LR: [W m-2 sr-1]
t: [seconds]

LR =

8,89 108
Cα

for t < 10 µs

[W m-2 sr-1]

a.

b.

c.

d.

e.

f.

g.

h.

i.

j.

k.

l.

m.

n.

o.

eye

retina

retinal burn

eye

retina

retinal burn

Cα = 1,7 for

α ≤ 1,7 mrad

Cα = α for

1,7 ≤ α ≤ 100 mrad

Cα = 100 for

1= 380; λ
λ

α > 100 mrad
2= 1400

Cα = 11 for

Cα = α for

α ≤ 11 mrad

11≤ α ≤ 100 mrad

Cα = 100 for

α > 100 mrad
field-of-

(measurement
view: 11 mrad)
1= 780; λ
λ

2= 1 400

780-3 000
(IRA and IRB)

780-3 000
(IRA and IRB)

EIR = 18 000 t-0,75
for t ≤ 1 000 s

E: [Wm-2]
t: [seconds]

EIR = 100
for t > 1 000 s

[W m-2]

380-3 000
(Visible,
IRB)

IRA and

Hskin = 20 000 t0,25
for t < 10 s

H: [J m-2]
t: [seconds]

eye

cornea
lens

corneal burn
cataractogenesis

skin

burn

Note 1: The range of 300 to 700 nm covers parts of UVB, all UVA and most of visible radiation; however, the associated hazard is commonly referred to as ‘blue light’

hazard. Blue light strictly speaking covers only the range of approximately 400 to 490 nm.

Note 2: For steady fixation of very small sources with an angular subtense < 11mrad, LB can be converted to EB. This normally applies only for ophthalmic instruments or
a stabilized eye during anaesthesia. The maximum ‘stare time’ is found by: tmax = 100/EB with EB expressed in W m-2. Due to eye movements during normal visual
tasks this does not exceed 100s.

C 172 E/36

EN

Official Journal of the European Union

12.7.2005

Table 1.2
S (λ) [dimensionless], 180 nm to 400 nm

λ in nm

S (λ)

λ in nm

S (λ)

λ in nm

S (λ)

λ in nm

S (λ)

λ in nm

S (λ)

180

181

182

183

184

185

186

187

188

189

190

191

192

193

194

195

196

197

198

199

200

201

202

203

204

205

206

207

208

209

210

211

212

213

214

215

216

217

218

219

220

221

222

223

224

0,0120

0,0126

0,0132

0,0138

0,0144

0,0151

0,0158

0,0166

0,0173

0,0181

0,0190

0,0199

0,0208

0,0218

0,0228

0,0239

0,0250

0,0262

0,0274

0,0287

0,0300

0,0334

0,0371

0,0412

0,0459

0,0510

0,0551

0,0595

0,0643

0,0694

0,0750

0,0786

0,0824

0,0864

0,0906

0,0950

0,0995

0,1043

0,1093

0,1145

0,1200

0,1257

0,1316

0,1378

0,1444

225

226

227

228

229

230

231

232

233

234

235

236

237

238

239

240

241

242

243

244

245

246

247

248

249

250

251

252

253

254

255

256

257

258

259

260

261

262

263

264

265

266

267

268

269

0,1500

0,1583

0,1658

0,1737

0,1819

0,1900

0,1995

0,2089

0,2188

0,2292

0,2400

0,2510

0,2624

0,2744

0,2869

0,3000

0,3111

0,3227

0,3347

0,3471

0,3600

0,3730

0,3865

0,4005

0,4150

0,4300

0,4465

0,4637

0,4815

0,5000

0,5200

0,5437

0,5685

0,5945

0,6216

0,6500

0,6792

0,7098

0,7417

0,7751

0,8100

0,8449

0,8812

0,9192

0,9587

270

271

272

273

274

275

276

277

278

279

280

281

282

283

284

285

286

287

288

289

290

291

292

293

294

295

296

297

298

299

300

301

302

303

304

305

306

307

308

309

310

311

312

313

314

1,0000

0,9919

0,9838

0,9758

0,9679

0,9600

0,9434

0,9272

0,9112

0,8954

0,8800

0,8568

0,8342

0,8122

0,7908

0,7700

0,7420

0,7151

0,6891

0,6641

0,6400

0,6186

0,5980

0,5780

0,5587

0,5400

0,4984

0,4600

0,3989

0,3459

0,3000

0,2210

0,1629

0,1200

0,0849

0,0600

0,0454

0,0344

0,0260

0,0197

0,0150

0,0111

0,0081

0,0060

0,0042

360

361

362

363

364

365

366

367

368

369

370

371

372

373

374

375

376

377

378

379

380

381

382

383

384

385

386

387

388

389

390

391

392

393

394

395

396

397

398

399

400

0,000130

0,000126

0,000122

0,000118

0,000114

0,000110

0,000106

0,000103

0,000099

0,000096

0,000093

0,000090

0,000086

0,000083

0,000080

0,000077

0,000074

0,000072

0,000069

0,000066

0,000064

0,000062

0,000059

0,000057

0,000055

0,000053

0,000051

0,000049

0,000047

0,000046

0,000044

0,000042

0,000041

0,000039

0,000037

0,000036

0,000035

0,000033

0,000032

0,000031

0,000030

315

316

317

318

319

320

321

322

323

324

325

326

327

328

329

330

331

332

333

334

335

336

337

338

339

340

341

342

343

344

345

346

347

348

349

350

351

352

353

354

355

356

357

358

359

0,0030

0,0024

0,0020

0,0016

0,0012

0,0010

0,000819

0,000670

0,000540

0,000520

0,000500

0,000479

0,000459

0,000440

0,000425

0,000410

0,000396

0,000383

0,000370

0,000355

0,000340

0,000327

0,000315

0,000303

0,000291

0,000280

0,000271

0,000263

0,000255

0,000248

0,000240

0,000231

0,000223

0,000215

0,000207

0,000200

0,000191

0,000183

0,000175

0,000167

0,000160

0,000153

0,000147

0,000141

0,000136

12.7.2005

EN

Official Journal of the European Union

C 172 E/37

Table 1.3
B (λ), R (λ) [dimensionless], 380 nm to 1 400 nm

B(λ)

R (λ)

λ in nm

300 ≤ λ < 380

380

385

390

395

400

405

410

415

420

425

430

435

440

445

450

455

460

465

470

475

480

485

490

495

500

0,01

0,01

0,013

0,025

0,05

0,1

0,2

0,4

0,8

0,9

0,95

0,98

1

1

0,97

0,94

0,9

0,8

0,7

0,62

0,55

0,45

0,32

0,22

0,16

0,1

500 < λ ≤ 600

600 < λ ≤ 700

700 < λ ≤ 1 050

1 050 < λ ≤ 1 150

1 150 < λ ≤ 1 200

1 200 < λ ≤ 1 400

100,02·(450 - λ)

0,001

—

—

—

—

—

0,1

0,13

0,25

0,5

1

2

4

8

9

9,5

9,8

10

10

9,7

9,4

9

8

7

6,2

5,5

4,5

3,2

2,2

1,6

1

1

1

100,002·(700 - λ)

0,2

0,2 · 100,02·(1 150 - λ)

0,02

C 172 E/38

EN

Official Journal of the European Union

12.7.2005

ANNEX II

LASER OPTICAL RADIATION

The biophysically relevant exposure values to optical radiation can be determined with the formulae below. The
formulae to be used depend on the wavelength and duration of radiation emitted by the source and the results should
be compared with the corresponding exposure limit values indicated in the tables 2.2 to 2.4. More than one exposure
value and corresponding exposure limit can be relevant for a given source of laser optical radiation.

Coefficients used as calculation tools within the tables 2.2 to 2.4 are listed in table 2.5 and corrections for repetitive
exposure are listed in table 2.6.

E =

dP
dA

½

W·m-2

(cid:1)

H =

Z t

0

Notes:

dP

dA

E tð Þ · dt ·

(cid:1)
J m-2

(cid:2)

power expressed in watt [W];

surface expressed in square meter [m2];

E (t), E irradiance or power density: the radiant power incident per unit area upon a surface, generally expressed in watts
per square metre [W m-2]. Values of E(t), E come from measurements or may be provided by the manufacturer
of the equipment;

H

t

λ

γ

γ

m
α

G

radiant exposure, the time integral of the irradiance, expressed in joules per square metre [J m-2];

time, duration of the exposure, expressed in seconds [s];

wavelength, expressed in nanometres [nm];

limiting cone angle of measurement field-of-view expressed in milliradians [mrad];

measurement field of view expressed in milliradians [mrad];

angular subtense of a source expressed in milliradians [mrad];

limiting aperture: the circular area over which irradiance and radiant exposure are averaged;

integrated radiance: the integral of the radiance over a given exposure time expressed as radiant energy per unit
area of a radiating surface per unit solid angle of emission, in joules per square metre per steradian [J m-2 sr -1].

Table 2.1

Radiation hazards

Wavelength [nm]
λ

180 to 400

180 to 400

400 to 700

400 to 600

400 to 700

700 to 1 400

700 to 1 400

1 400 to 2 600

2 600 to 106

1 400 to 106

1 400 to 106

Radiation range

Affected organ

Hazard

Exposure limit value table

UV

UV

visible

visible

visible

IRA

IRA

IRB

IRC

IRB, IRC

IRB, IRC

eye

skin

eye

eye

skin

eye

skin

eye

eye

eye

skin

photochemical damage and thermal damage

2.2, 2.3

erythema

retinal damage

photochemical damage

thermal damage

thermal damage

thermal damage

thermal damage

thermal damage

thermal damage

thermal damage

2.4

2.2

2.3

2.4

2.2, 2.3

2.4

2.2

2.2

2.3

2.4

Exposure limit values for laser exposure to the eye — Short exposure duration < 10 s

Table 2.2

Duration [s]

10-13 — 10-11

10-11 — 10-9

10-9 — 10-7

10-7 — 1,8 · 10-5

1,8 · 10-5 — 5 · 10-5

5 · 10-5 — 10-3

10-3 — 101

H = 30 [J m-2]

H = 40 [J m-2]

H = 60 [J m-2]

if t < 2,6 · 10-9 then H = 5,6 · 103 t 0,25 [J m-2 ] (d)

if t < 1,3 · 10-8 then H = 5,6 · 103 t 0,25 [J m-2 ] (d)

H = 100 [J m-2]

if t < 1,0 · 10-7 then H = 5,6 · 103 t 0,25 [J m-2 ] (d)

H = 160 [J m-2]

if t < 6,7 · 10-7 then H = 5,6 · 103 t 0,25[J m-2 ] (d)

H = 250 [J m-2]

if t < 4,0 · 10-6 then H = 5,6 · 103 t 0,25 [J m-2 ] (d)

e
r
u
t
r
e
p
A

s
0
1
<
t
<
3
0

,

r
o
f

5
7
3
0

,

t

·

5
1

,

;
s

,

3
0
<
t

r
o
f

m
m
1

E = 3 · 1010 · [W m-2] (c)

H = 400 [J m-2]

if t < 2,6 · 10-5 then H = 5,6 · 103 t 0,25 [J m-2] (d)

H = 630 [J m-2]

if t < 1,6 · 10-4 then H = 5,6 · 103 t 0,25[J m-2 ] (d)

H = 103 [J m-2]

if t < 1,0 · 10-3 then H = 5,6 · 103 t 0,25 [J m-2 ] (d)

H = 1,6·103 [J m-2]

if t < 6,7 · 10-3 then H = 5,6 · 103 t 0,25 [J m-2 ] (d)

H = 2,5·103 [J m-2]

if t < 4,0 · 10-2 then H = 5,6 · 103 t 0,25 [J m-2 ] (d)

H = 4,0·103 [J m-2]

if t < 2,6 · 10-1 then H = 5,6 · 103 t 0,25 [J m-2 ] (d)

H = 6,3·103 [J m-2]

if t < 1,6 · 100 then H = 5,6 · 103 t 0,25 [J m-2 ] (d)

Wavelength (a) [nm]

UVC

180-280

280-302

UVB

303

304

305

306

307

308

309

310

311

312

313

314

UVA

315-400

H = 5,6 ·103 t 0,25 [J m-2]

400-700

H = 1,5·10-4CE [Jm-2]

H = 2,7·104 t0,75 CE [Jm-2]

H = 5·10-3 CE [Jm-2]

H = 18 · t0,75 CE [Jm-2]

Visible
& IRA

700-1 050

m
m
7

H = 1,5·10-4 CA CE [Jm-2]

H=2,7·104 t0,75 CA CE [Jm-2]

H = 5·10-3 CA CE [Jm-2]

H = 18 · t0,75 CA CE [Jm-2]

1 050-1 400

H = 1,5·10-3 CC CE [Jm-2]

H =2,7·105 t0,75 CC CE [Jm-2]

H = 5·10-2 CC CE [Jm-2]

H = 90 · t0,75 CC CE [Jm-2]

.

.

1
2
7
2
0
0
5

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n
U
n
o
n

i

C

1
7
2

E
/
3
9

Wavelength (a) [nm]

e
r
u
t
r
e
p
A

IRB &
IRC

1 400-1 500

1 500-1 800

Þ

b

ð

1 800-2 600

2 600-10 6

10-13 — 10-11

10-11 — 10-9

10-9 — 10-7

10-7 — 1,8 · 10-5

1,8 · 10-5 — 5 · 10-5

5 · 10-5 — 10-3

10-3 — 101

Duration [s]

E = 1012 [W m-2] (c)

E = 1013 [W m-2] (c)

E = 1012 [W m-2] (c)

H = 103 [Jm-2]

H=5,6·103 · t0,25 [Jm-2]

H = 104 [Jm-2]

H = 103 [Jm-2]

H=5,6·103 · t0,25 [Jm-2]

E = 1011 [W m-2 ] (c)

H=100 [Jm-2]

H = 5,6·103 · t0,25 [Jm-2]

If the wavelength of the laser is covered by two limits, then the more restrictive applies.

(a)
(b) When 1 400≤λ<105 nm: aperture diameter = 1 mm for t ≤ 0,3 s and 1,5 t0,375 mm for 0,3 s < t < 10 s; when 105≤λ<106 nm: aperture diameter = 11 mm.
(c) Due to lack of data at these pulse lengths, ICNIRP recommends the use of the 1 ns irradiance limits.
(d) The table states values for single laser pulses. In case of multiple laser pulses, then the laser pulse durations of pulses falling within an interval Tmin (listed in table 2.6) must be added up and the resulting time value must be filled in for t

in the formula: 5,6 · 103 t 0,25

C

1
7
2

E
/
4
0

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n
U
n
o
n

i

.

.

1
2
7
2
0
0
5

Exposure limit values for laser exposure to the eye - Long exposure duration ≥ 10 s

Table 2.3

.

.

1
2
7
2
0
0
5

Wavelength (a) [nm]

UVC

180-280

280-302

UVB

303

304

305

306

307

308

309

310

311

312

313

314

UVA

315-400

Visible
400 — 700

400 — 600
Photochemical (b)
Retinal damage

400 — 700
(b)
Thermal

Retinal damage

e
r
u
t
r
e
p
A

m
m
5
3

,

m
m
7

101 — 102

104 — 3 · 104

Duration [s]

102 — 104

H = 30 [J m-2]

H = 40 [J m-2]

H = 60 [J m-2]

H = 100 [J m-2]

H = 160 [J m-2]

H = 250 [J m-2]

H = 400 [J m-2]

H = 630 [J m-2]

H = 1,0 103 [J m-2]

H = 1,6 103 [J m-2]

H = 2,5 103 [J m-2]

H = 4,0 103 [J m-2]

H = 6,3 103 [J m-2]

H = 104 [J m-2]

H = 100 CB [Jm-2]
(γ = 11 mrad) (d)

E = 1CB [Wm-2]; (γ = 1,1 t0,5 mrad) (d)

E = 1CB [Wm-2]
(γ = 110 mrad) (d)

if α < 1,5 mrad
if α > 1,5 mrad and t ≤ T2
if α > 1,5 mrad and t > T2

then E = 10 [W m-2]

then H = 18 CE t0,75 [J m-2 ]
then E = 18 CE T2-0,25 [W m-2]

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n
U
n
o
n

i

C

1
7
2

E
/
4
1

Wavelength (a) [nm]

700-1 400

IRA

1 400-106

IRB & IRC

e
r
u
t
r
e
p
A

m
m
7

Þ

c

ð

101 — 102

Duration [s]

102 — 104

104 — 3 · 104

if α < 1,5 mrad

then E = 10 CA CC [W m-2]

if α > 1,5 mrad and t ≤ T2

then H = 18 CA CC CE t0,75 [J m-2]

if α > 1,5 mrad and t > T2

then E = 18 CA CC CE T2-0,25 [W m-2] (not to exceed 1 000 W m-2 )

E = 1 000 [Wm-2]

If the wavelength or another condition of the laser is covered by two limits, then the more restrictive applies.

(a)
(b) For small sources subtending an angle of 1,5 mrad or less, the visible dual limits E from 400 nm to 600 nm reduce to the thermal limits for 10s≤ t<T1 and to photochemical limits for longer times. For T1 and T2 see Table 2.5. The
photochemical retinal hazard limit may also be expressed as a time integrated radiance G = 106 CB [J m-2 sr-1] for t > 10s up to t = 10 000 s and L = 100 CB [W m-2 sr-1] for t > 10 000 s. For the measurement of G and L γ
m must be
used as averaging field of view. The official border between visible and infrared is 780 nm as defined by the CIE. The column with wavelength band names is only meant to provide better overview for the user. (The notation G is used
by CEN; the notation Lt is used by CIE; the notation LP is used by IEC and CENELEC.)

(c) For wavelength 1 400 — 105 nm: aperture diameter = 3,5 mm; for wavelength 105 — 106 nm: aperture Diameter = 11 mm
(d) For measurement of the exposure value the consideration of γ is defined as follows: If α (angular subtense of a source) > γ (limiting cone angle, indicated in brackets in the corresponding column) then the measurement field of view γ

m

should be the given value of γ. (If a larger measurement field of view is used, then the hazard would be overestimated).
If α < γ then the measurement field of view γ

m must be large enough to fully enclose the source but is otherwise not limited and may be larger than γ.

C

1
7
2

E
/
4
2

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n
U
n
o
n

i

.

.

1
2
7
2
0
0
5

e
r
u
t
r
e
p
A

m
m
5
3

,

m
m
5
3

,

Wavelength (a) [nm]

180-400

UV
(A, B, C)

Visible
& IRA

IRB &
IRC

400-700

700-1 400

1 400-1 500

1 500-1 800

1 800-2 600

2 600-106

Table 2.4

Exposure limit values for laser exposure of skin

Duration [s]

< 10-9

10-9 — 10-7

10-7 — 10-3

10-3 — 101

101 — 103

103 — 3 · 104

E = 3 · 1010 [W m-2]

Same as Eye Exposure Limits

E = 2 · 1011 [W m-2]

E = 2 · 1011 CA [W m-2]

H = 200 CA
[J m-2]

H = 1,1 · 104 CA t 0,25
[J m-2]

E = 2 · 103 CA [W m-2]

E = 1012 [W m-2]

E = 1013 [W m-2]

E = 1012 [W m-2]

E = 1011 [W m-2]

Same as Eye Exposure Limits

(a)

If the wavelength or another condition of the laser is covered by two limits, then the more restrictive applies.

.

.

1
2
7
2
0
0
5

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n
U
n
o
n

i

C

1
7
2

E
/
4
3

C 172 E/44

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12.7.2005

Table 2.5

Applied correction factors and other calculation parameters

Parameter aslisted in
ICNIRP

Valid spectral range
(nm)

Value

CA

CB

CC

T1

λ < 700

700-1 050

1 050-1 400

400-450

450-700

700-1 150

1 150-1 200

1 200-1 400

λ < 450

450-500

λ > 500

CA = 1,0

CA = 10 0,002(λ — 700)

CA = 5,0

CB = 1,0

CB = 10 0,02(λ — 450)

CC = 1.0

CC = 10 0,018(λ — 1150)

CC = 8,0

T1 = 10 s

T1 = 10 · [10 0,02 (λ — 450)] s

T1 = 100 s

Parameter as listed in
ICNIRP

Valid for biological effect

Value

α

min

all thermal effects

α
min = 1,5 mrad

Parameter as listed in
ICNIRP

Valid angular range
(mrad)

Value

CE

T2

γ

α < α

min

min < α < 100
α

α > 100

α < 1,5

1,5 < α < 100

α > 100

CE = 1,0

CE = α/α

min

CE = α2/(α
with α

min · α
max = 100 mrad

max) mrad

T2 = 10 s

T2 = 10 · [10 (α — 1,5)/98,5] s

T2 = 100 s

Parameter as listed in
ICNIRP

Valid exposure time range
(s)

Value

t ≤ 100

100 < t < 104

t > 104

γ = 11 [mrad]

γ = 1,1 t 0, 5 [mrad]

γ = 110 [mrad]

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Table 2.6

Correction for repetitive exposure

Each of the following three general rules should be applied to all repetitive exposures as occur from repetitively pulsed
or scanning laser systems:

1. The exposure from any single pulse in a train of pulses shall not exceed the exposure limit value for a single pulse of

that pulse duration.

2. The exposure from any group of pulses (or sub-group of pulses in a train) delivered in time t shall not exceed the

exposure limit value for time t.

3. The exposure from any single pulse within a group of pulses shall not exceed the single-pulse exposure limit value
multiplied by a cumulative-thermal correction factor Cp=N-0,25, where N is the number of pulses. This rule applies
only to exposure limits to protect against thermal injury, where all pulses delivered in less than Tmin are treated as a
single pulse.

Parameter

Valid spectral range (nm)

Value

Tmin

315 < λ ≤ 400

400 < λ ≤ 1 050

1 050 < λ ≤ 1 400

1 400 < λ ≤ 1 500

1 500 < λ ≤ 1 800

1 800 < λ ≤ 2 600

2 600 < λ ≤ 10 6

Tmin = 10 -9 s

Tmin = 18 · 10 -6 s

Tmin = 50 · 10 -6 s

Tmin = 10 -3 s

Tmin = 10 s

(= 1 ns)

(= 18 µs)

(= 50 µs)

(= 1 ms)

Tmin = 10 -3 s

(= 1 ms)

Tmin = 10 -7 s

(= 100 ns)

C 172 E/46

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STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

On 8 February 1993 the Commission submitted to the Council, on the basis of Article 118a of the
Treaty establishing the European Community, a proposal for a Council Directive on the minimum
health and safety requirements regarding the exposure of workers to the risks arising from physical
agents.

The proposal was intended to supplement Directive 89/391/EEC by explaining the way in which some
of its provisions were to apply in the specific case of exposure to physical agents.

The European Parliament and the Economic and Social Committee delivered their opinions on 20
April 1994 and 30 June 1993 respectively. The European Parliament confirmed its first reading on 16
September 1999 (1).

The Commission submitted an amended proposal on 8 July 1994.

Following the entry into force of the Amsterdam Treaty, the legal basis changed from ex-Article 118a
to Article 137(2), which provides for codecision with the European Parliament and consultation of the
Economic and Social Committee and the Committee of the Regions.

The Committee of the Regions stated in a letter dated 13 January 2000 that it would not be submitting
an opinion on the proposal for a directive.

The main feature of the proposal was that it combined in a single instrument four types of physical
agents (noise, mechanical vibration, optical radiation and electromagnetic fields), each of which would
have been the subject of a separate annex.

Given the very different characteristics of the four physical agents, it was decided in 1999 to proceed
on the basis of separate Directives. The Directives on vibration, noise and electromagnetic fields have
already been adopted. The Council then decided to concentrate on optical radiation, the fourth and last
element.

The Council adopted a Common Position on 18 April 2005, in accordance with the procedure laid
down in Article 251 of the Treaty.

II. OBJECTIVE

The proposal for a Directive, following the splitting of the original proposal, aims to help improve
protection of the health and safety of workers from risks arising from exposure to optical radiation.

III. ANALYSIS OF THE COMMON POSITION

1. General observations

According to Article 137(1) of the Treaty ‘the Community shall support and complement the activities of
the Member States in (…) improvement in particular of the working environment to protect workers' health
and safety;’ etc.

Article 137(2) of the Treaty states that the Council:
‘may adopt, by means of directives, minimum
requirements for gradual implementation, having regard to the conditions and technical rules obtaining in
each of the Member States’.

(1) OJ C 54, 25.2.2000, p. 75.

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The Council Common Position is in accordance with the objectives of Article 137(2) of the Treaty
in the area covered, since it is designed to introduce minimum requirements to protect the health
and safety of workers from the risks arising from exposure to optical radiation.

Furthermore, the Common Position respects the objectives put forward by the Commission and
supported by Parliament, despite having a different structure as a result of the original proposal
being split. It includes several of the amendments resulting from Parliament's first reading of the
Commission's proposal.

2. Structure and key elements

2.1. General structure

The general structure of the Common Position, for instance the introduction of exposure limit
values, the articles on worker information and training, consultation and participation and the
miscellaneous provisions, closely follows the provisions of the Directives on vibration, noise
and electromagnetic fields. This is also in line with the general structure of the Commission's
amended proposal.

According to Article 1, the Common Position refers to risks to the health and safety of
workers due to adverse effects caused by exposure to optical radiation to the eyes and to the
skin. No distinction is drawn between long-term and short-term effects, since the scope of the
Directive covers both acute and chronic adverse health effects. For example, this reflects the
reality that excessive exposure to ultraviolet radiation can cause long term effects, such as skin
melanomas.

2.2. The exposure limit values

The Common Position is based on the introduction of exposure limit values (ELVs) as defined
in Article 2 and set out in the tables in the Annexes according to Article 3. These values are
essentially based on the recommendations established by the International Commission on
non-ionising radiation protection (ICNIRP). In the domains where no values have been drawn
up by ICNIRP, values established by the International Electrotechnical Commission (IEC) were
used. These scientifically-based guidelines, which are conservatively based, are designed to
prevent the acute and long-term effects to the eyes and the skin that can occur at extremely
high levels of exposure. The ELVs prescribed in the ICNIRP Guidelines correspond to those
developed by other independent scientific advisory bodies that work in this area, notably the
American Conference of Governmental Industrial Hygienists (ACGIH), the (UK) National Radi-
ological Protection Board (NRPB) and the Health Council of
the Netherlands (Gezond-
heidsraad).

The ELVs for non-coherent radiation, other than that emitted by natural sources of optical
radiation, are as set out in Annex I and the ELVs for laser radiation are as set out in Annex II.

The application of ELVs and engineering controls are not deemed appropriate in the case of
exposure to natural sources of optical radiation, and therefore preventive measures, including
information and training for workers, are critical in the assessment of risk and the reduction of
exposure risks due to natural sources of optical radiation (sun, volcanic activity, natural fires,
lightning, etc.).

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2.3. Determination of exposure and assessment of risks

Key elements of the Common Position are the provisions on the determination of exposure
and assessment of risks in Article 4. Important elements of the risk assessment to which the
employer shall give particular attention are, inter alia, workers belonging to particularly sensi-
tive risk groups and multiple sources of exposure (Article 4(4)).

Article 4(1) stipulates that the employer shall assess and, if necessary, measure and/or calculate
the levels of exposure to optical radiation. The article includes instructions concerning the
methodology to be applied: if available, the standards and recommendations of IEC, CIE or
CEN (1) should be used and, if these are not available, national or international science-based
guidelines should be followed. In order to avoid unnecessary repetition, the assessment may
take account of data provided by the manufacturers of the equipment where it is covered by a
relevant Community Directive.

2.4. Action to be taken when a risk has been established

The aim of the Common Position is to eliminate or reduce to a minimum risks arising from
exposure to optical radiation. Article 5(2) refers to workers exposed to artificial sources of
optical radiation and Article 5(3) to workers exposed to natural sources of optical radiation. In
both cases, the employer shall devise and implement an action plan comprising technical and/
or organisational measures.

In case of artificial sources, Article 5(2) refers, inter alia, to other working methods, the choice
of equipment, technical reduction methods or the design and layout of workplaces as particu-
lar elements of such an action plan. Following on from the concept of exposure limit values,
Article 5(5) clearly states that workers shall not be exposed above the ELVs. If the ELVs are
nevertheless exceeded, the employer shall take immediate action to reduce exposure below
them, identify the reasons why the ELVs have been exceeded and shall amend the protection
and prevention measures in order to prevent any re-occurrence of such an incident.

A further obligation that arises when a risk has been established is the identification, indication
by appropriate signs and limitation of access to the areas concerned (Article 5(4)).

Compliance with the exposure limit values in respect of artificial optical sources and a
systematic observance of a precautionary approach to natural sources are likely to provide a
high level of protection against any possible adverse effects.

2.5. Main differences from the Commission's amended proposal

The main differences between the Common Position and the Commission's amended proposal
concern:

— the new structure due to the fact that optical radiation is dealt with in a specific directive,

— the restructuring and redefinition of the exposure limit values, including the deletion of the

action values and the threshold levels,

— the tables and provisions in the Annexes, which closely follow the ICNIRP recommenda-

tions;

— the references to standards, recommendations and science-based guidelines for the assess-
ment, measurement and calculation of the levels of exposure to artificial sources of optical
radiation in the context of the risk assessment,

(1) IEC: International Electrotechnical Commission
CIE: International Commission on Illumination
CEN: European Committee for Standardisation

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— the abolition of the requirement to consider certain activities as presenting an increased

risk and to declare them to the responsible authority,

— the granting to outdoor workers of the same level of protection as indoor workers.

3. The European Parliament's amendments in first reading

As the Common Position only covers optical radiation, several of the European Parliament's amend-
ments do not fall into this context. Therefore only the following amendments had to be taken into
consideration before the Common Position was adopted: 1, 4 to 21, 25, 27, and 34 to 36.

3.1. European Parliament amendments adopted by the Council

Amendments 1, 5, 9, 14, 16 and 25 were taken up in their entirety, if not word-for-word at
least in spirit, in the Common Position.

In addition, Amendment 4 was partly taken up in Article 2(e). However, instead of the text of
Amendment 4, the Council preferred to state that compliance with the exposure limit values
will ensure that workers are protected against all known adverse health effects.

Amendment 10 is reflected in spirit in the text of Article 5(6), even though the Council did
not consider it appropriate to refer to an exclusive aim of preventive measures for particularly
sensitive risk groups.

Amendment 12 was accepted in spirit in Article 5(1), where the Common Position now refers
to the elimination or reduction to a minimum of the exposure.

Amendment 13 was partly accepted in Article 5(5). The Council saw no need to refer specifi-
cally to collective measures, as the employer has to take into account all possible prevention
measures when he takes action to reduce exposure below the exposure limit values.

Amendment 17 was accepted in spirit in Article 4(4)(f), which includes a list of a variety of
possible indirect effects of exposure to optical radiation.

3.2. European Parliament's amendments not adopted by the Council

The Council did not consider it advisable to include amendments 6, 7, 8, 11, 15, 18, 19, 20,
21, 27, 34, 35, and 36 in its Common Position, for the following reasons:

— there was no need for a threshold level or an action value as included in the Commission's
amended proposal and in amendments 6 and 7, since the respect of the exposure limits as
recommended by ICNIRP already guarantees that there are no known adverse health
effects. There are few areas in occupational health as thoroughly researched as optical
radiation, or where there is such widespread agreement among national and international
health advisory authorities concerning safe levels of exposure,

— amendment 8 was not adopted because there is no need for a separate definition of

'assessment' apart from the provisions on assessment in Article 4,

— amendment 11 was not accepted because what needs to be assessed according to Article 4

is the risk to the health of the worker and not the level of exposure,

— amendment 15 concerning health surveillance was not adopted as the Council preferred a
general reference to Article 14 of the Framework-Directive 89/391/EEC, instead of having
an excessively binding obligation on workers. However, Article 8 of the Common Position
includes a number of provisions concerning arrangements for health surveillance,

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— amendments 18, 19 and 20 were redundant as the Common Position does not include a

special provision for derogation or exemptions,

— the Council considered the standard provision in Article 11 on a Committee to assist the

Commission to be appropriate and therefore did not accept amendment 21,

— amendment 27 was redundant as the Common Position does not include a special provi-

sion for hazardous activities,

— amendments 34, 35 and 36 were not adopted as the Annexes had been restructured in line

with the ICNIRP Recommendations.

IV. CONCLUSION

The Council considers that, as a whole, the Common Position is in line with the fundamental objectives
of the Commission's amended proposal. The Council also considers that, having regard to the prepara-
tion of separate texts in respect of each of the four physical agents, it has taken account of the prin-
cipal objectives pursued by the European Parliament in its amendments to the original Commission
proposal.