Commission Recommendation (EU) 2022/2337 of 28 November 2022 concerning the European schedule of occupational diseases
Date: 2022-11-28
Institutions: Directorate-General for Employment, Social Affairs and Inclusion, European Commission
Subjects: coronavirus disease, data collection, disease prevention, epidemic, health statistics, indemnification, labour law, occupational disease, occupational health








L_2022309EN.01001201.xml










30.11.2022   


EN


Official Journal of the European Union


L 309/12








            COMMISSION RECOMMENDATION (EU) 2022/2337
of 28 November 2022
         
concerning the European schedule of occupational diseases


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 292 thereof,

Whereas:







(1)


With Commission Recommendation 2003/670/EC of 19 September 2003 concerning the European schedule of occupational diseases (1), the Commission recommended to the Member States that they implement a series of measures with the objective of updating and improving various aspects of their policies relating to occupational diseases. These measures relate to the recognition of, compensation for, and prevention of occupational diseases, the setting of national objectives for the reduction of occupational illnesses, the reporting and recording of occupational diseases, the collection of data concerning the epidemiology of diseases, the promotion of research in the field of ailments linked to an occupational activity, the improvement of diagnosis of occupational diseases, the dissemination of statistical and epidemiological data on occupational diseases, and the promotion of an active role for national public health and healthcare systems in preventing occupational diseases.












(2)


The outbreak of COVID-19 has affected all Member States since early 2020, causing major disruptions to all sectors and services, and affecting the health and safety of workers across the European Union (EU). Today, the epidemiological situation in the EU linked to COVID-19 has improved, thanks mainly to the wide availability of vaccines, but it remains challenging, particularly in view of possible new waves of COVID-19 and the emergence of variants of the SARS-CoV-2 virus, as well as of long COVID cases.












(3)


In this context, the Commission, among other measures, announced, in its Communication ‘EU strategic framework on health and safety at work 2021-2027 – Occupational safety and health in a changing world of work’ (2) (the ‘EU Strategic Framework’), that it would update Commission Recommendation 2003/670/EC to include COVID-19, with a view to promote the recognition of COVID-19 as an occupational disease by Member States and encourage convergence.












(4)


Following the adoption of the EU Strategic Framework, the Advisory Committee on Safety and Health at Work (ACSH) set up a dedicated Working Party with the mandate to prepare a draft opinion for adoption by the ACSH on the subject of the update of Commission Recommendation 2003/670/EC to include COVID-19. On 18 May 2022, the ACSH adopted the related opinion, which recommends the inclusion of COVID-19 in Annex I of Commission Recommendation 2003/670/EC by adding a new entry No 408 referring to COVID-19 caused by work in disease prevention, in health and social care and in domiciliary assistance, or, in a pandemic context, in sectors where there is an outbreak in activities in which a risk of infection has been proven.












(5)


The present Recommendation takes into account the opinion of the ACSH and inserts COVID-19 in Annex I of the Recommendation. The term ‘health and social care’ should be understood as referring to the economic activities under section Q of the NACE Rev. 2 statistical classification (3). As regards the economic activities apart from those falling under section Q of the NACE Rev. 2 statistical classification, the conditions laid down, i.e. the existence of a ‘pandemic context’ and the existence of an ‘outbreak in activities in which a risk of infection has been proven’, should be understood as being laid down cumulatively. In this regard, a ‘pandemic context’ should be understood as when competent international bodies, such as the World Health Organization (WHO), declare certain disease outbreaks a global pandemic. An ‘outbreak’ in the sense of the new provision of the Recommendation should be defined by Member States in accordance with national law or practice. A ‘proven’ risk of infection exists in activities for which, in accordance with national law or practice, a causal link has been established between work in these activities and increased exposure to SARS-CoV-2.












(6)


In line with the principle of subsidiarity and in view of the respective competences of the EU and of the Member States in the areas of public health and social policy under the Treaties, the determination of the public health measures to be taken in the context of any pandemic, including those applying to workplaces and companies, as well as the finding of the existence of an outbreak in activities in which a risk of infection has been proven, should be up to the Member States, acting in full compliance with EU law, including EU occupational safety and health legislation. In this context, account should be taken in particular of the Regulation of the European Parliament and of the Council on serious cross-border threats to health and repealing Decision No 1082/2013/EU (2020/0322(COD)) (4).












(7)


Eurostat’s 2021 report ‘Possibility of recognising COVID-19 as being of occupational origin at national level in EU and EFTA countries’ (5) shows that most Member States recognise COVID-19 as an occupational disease or as an accident at work, in line with the conditions defined at national level.












(8)


Even though the recognition of occupational diseases is a matter closely linked to the design of social security systems, which is a Member State competence, the Commission promotes the recognition of occupational diseases listed in the European schedule of occupational diseases by Member States. As stated in the EU Strategic Framework, there remains a need to increase focus on occupational diseases. In line with the general principles of prevention which form the core of the 1989 Framework Directive on Safety and Health at Work (6) and the related health and safety at work directives, this Recommendation should be a principal instrument for the prevention of occupational diseases at EU level. Moreover, it is also important to support workers infected, especially by Covid-19, and families who have lost family members because of work exposure.












(9)


In line with the EU Strategic Framework, Member States should be called on to actively involve all players, in particular social partners, in developing measures for the effective prevention of occupational diseases.












(10)


The EU Strategic Framework refers to the need for a strengthened evidence base to underpin legislation and policy, and for research and data collection, both at EU and national level, as a pre-condition for the prevention of work-related diseases and accidents. Cooperation and exchange of information, experience and best practice is critical for improved analysis and prevention across the EU.












(11)


The recommendation to the Member States to forward to the Commission and make available to interested parties statistical and epidemiological data on occupational diseases recognised at national level remains relevant, taking into account Regulation (EC) No 1338/2008 of the European Parliament and of the Council (7) as well as in light of developments linked to the pilot works on European Occupational Diseases Statistics (EODS).












(12)


The role of the European Agency for Safety and Health at Work, established by Regulation (EU) 2019/126 of the European Parliament and of the Council (8), is, inter alia, to supply the Union institutions and bodies and the Member States with the objective technical, scientific and economic information available and the qualified expertise they require to formulate and implement judicious and effective policies designed to protect the safety and health of workers, and to collect, analyse and disseminate technical, scientific and economic information in the Member States. Accordingly, the Agency should also play an important part in the exchange of information, experience and best practice on the prevention of occupational diseases.












(13)


National public health and healthcare systems can play an important part in improving prevention of occupational illnesses, for example by raising awareness among medical staff with a view to improving knowledge and diagnosis of these illnesses.












(14)


In view of the above considerations, and taking into account, on the one hand, the fact that the inclusion of COVID-19 in Annex I of this Recommendation is time-sensitive, especially in light of possible new waves of COVID-19 and the emergence of variants of the SARS-CoV-2 virus, and, on the other hand, the fact that Recommendation 2003/670/EC remains largely relevant and fit for purpose, this Recommendation should include COVID-19 in its Annex I and reiterate the content of Recommendation 2003/670/EC, without prejudice to further updates to this Recommendation at a later stage,





RECOMMENDS:



Article 1
Without prejudice to more favourable national laws or regulations, it is recommended that the Member States:






1.


introduce as soon as possible into their national laws, regulations or administrative provisions concerning scientifically recognised occupational diseases liable for compensation and subject to preventive measures, the European schedule in Annex I;










2.


take steps to introduce into their national laws, regulations or administrative provisions the right of a worker to compensation in respect of occupational diseases if the worker is suffering from an ailment which is not listed in Annex I but which can be proved to be occupational in origin and nature, particularly if the ailment is listed in Annex II;










3.


develop and improve effective preventive measures for the occupational diseases mentioned in the European schedule in Annex I, actively involving all players and, where appropriate, exchanging information, experience and best practice via the European Agency for Safety and Health at Work;










4.


draw up quantified national objectives with a view to reducing the rates of recognised occupational illnesses, in particular those included in the European schedule in Annex I;










5.


ensure that all cases of occupational diseases are reported and progressively make their statistics on occupational diseases compatible with the European schedule in Annex I, in accordance with the work being done on the system of harmonising European statistics on occupational diseases, so that information on the causative agent or factor, the medical diagnosis and the sex of the patient is available for each case of occupational disease;










6.


introduce a system for the collection of information or data concerning the epidemiology of the diseases listed in Annex II and any other disease of an occupational nature;










7.


promote research in the field of ailments linked to an occupational activity, in particular the ailments listed in Annex II and the disorders of a psychosocial nature related to work;










8.


ensure that documents to assist in the diagnosis of occupational diseases included in their national schedules are disseminated widely, taking account in particular of the notices for the diagnosis of occupational diseases published by the Commission;










9.


forward to the Commission and make available to interested parties statistical and epidemiological data on occupational diseases recognised at national level, in particular via the information network set up by the European Agency for Safety and Health at Work;










10.


promote an active role for national healthcare systems in preventing occupational diseases, in particular by raising awareness among medical staff with a view to improving knowledge and diagnosis of these illnesses.






Article 2
The Member States shall themselves determine the criteria for the recognition of each occupational disease in accordance with the national laws or practices in force.


Article 3
This Recommendation replaces Recommendation 2003/670/EC.


Article 4
The Member States are requested to inform the Commission, no later than 31 December 2023, of the measures taken or envisaged in response to the new item No 408 of this Recommendation. The Member States are requested to inform the Commission whenever any new measures are taken in relation to the implementation of this Recommendation.




Done at Brussels, 28 November 2022.


For the Commission

Nicolas SCHMIT
            

Member of the Commission






(1)  
            OJ L 238, 25.9.2003, p. 28.

(2)  COM(2021) 323 final.

(3)  https://ec.europa.eu/eurostat/documents/3859598/5902521/KS-RA-07-015-EN.PDF

(4)  Not yet published in the Official Journal.

(5)  https://ec.europa.eu/eurostat/documents/7870049/13464590/KS-FT-21-005-EN-N.pdf/d960b3ee-7308-4fe7-125c-f852dd02a7c7?t=1632924169533

(6)  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 (OJ L 183, 29.6.1989, p. 1).

(7)  Regulation (EC) No 1338/2008 of the European Parliament and of the Council of 16 December 2008 on Community statistics on public health and health and safety at work (OJ L 354, 31.12.2008, p. 70).

(8)  Regulation (EU) 2019/126 of the European Parliament and of the Council of 16 January 2019 establishing the European Agency for Safety and Health at Work (EU-OSHA), and repealing Council Regulation (EC) No 2062/94 (OJ L 30, 31.1.2019, p. 58).




ANNEX I
European schedule of occupational diseases
The diseases mentioned in this schedule must be linked directly to the occupation. The Commission will determine the criteria for recognising each of the occupational diseases listed hereunder:
1.   Diseases caused by the following chemical agents:







100


Acrylonitrile










101


Arsenic or compounds thereof










102


Beryllium (glucinium) or compounds thereof










103.01


Carbon monoxide










103.02


Carbon oxychloride










104.01


Hydrocyanic acid










104.02


Cyanides and compounds thereof










104.03


Isocyanates










105


Cadmium or compounds thereof










106


Chromium or compounds thereof










107


Mercury or compounds thereof










108


Manganese or compounds thereof










109.01


Nitric acid










109.02


Oxides of nitrogen










109.03


Ammonia










110


Nickel or compounds thereof










111


Phosphorus or compounds thereof










112


Lead or compounds thereof










113.01


Oxides of sulphur










113.02


Sulphuric acid










113.03


Carbon disulphide










114


Vanadium or compounds thereof










115.01


Chlorine










115.02


Bromine










115.04


Iodine










115.05


Fluorine or compounds thereof










116


Aliphatic or alicyclic hydrocarbons derived from petroleum spirit or petrol










117


Halogenated derivatives of the aliphatic or alicyclic hydrocarbons










118


Butyl, methyl and isopropyl alcohol










119


Ethylene glycol, diethylene glycol, 1,4-butanediol and the nitrated derivatives of the glycols and of glycerol










120


Methyl ether, ethyl ether, isopropyl ether, vinyl ether, dichloroisopropyl ether, guaiacol, methyl ether and ethyl ether of ethylene glycol










121


Acetone, chloroacetone, bromoacetone, hexafluoroacetone, methyl ethyl ketone, methyl n-butyl ketone, methyl isobutyl ketone, diacetone alcohol, mesityl oxide, 2-methylcyclohexanone










122


Organophosphorus esters










123


Organic acids










124


Formaldehyde










125


Aliphatic nitrated derivatives










126.01


Benzene or counterparts thereof (the counterparts of benzene are defined by the formula: CnH2n-6)










126.02


Naphthalene or naphthalene counterparts (the counterpart of naphthalene is defined by the formula: CnH2n-12)










126.03


Vinylbenzene and divinylbenzene










127


Halogenated derivatives of the aromatic hydrocarbons










128.01


Phenols or counterparts or halogenated derivatives thereof










128.02


Naphthols or counterparts or halogenated derivatives thereof










128.03


Halogenated derivatives of the alkylaryl oxides










128.04


Halogenated derivatives of the alkylaryl sulfonates










128.05


Benzoquinones










129.01


Aromatic amines or aromatic hydrazines or halogenated, phenolic, nitrified, nitrated or sulfonated derivatives thereof










129.02


Aliphatic amines and halogenated derivatives thereof










130.01


Nitrated derivatives of aromatic hydrocarbons










130.02


Nitrated derivatives of phenols or their counterparts










131


Antimony and derivatives thereof










132


Nitric acid esters










133


Hydrogen sulphide










135


Encephalopathies due to organic solvents which do not come under other headings










136


Polyneuropathies due to organic solvents which do not come under other headings




2.   Skin diseases caused by substances and agents not included under other headings







201


Skin diseases and skin cancers caused by:










201.01


Soot










201.03


Tar










201.02


Bitumen










201.04


Pitch










201.05


Anthracene or compounds thereof










201.06


Mineral and other oils










201.07


Crude paraffin










201.08


Carbazole or compounds thereof










201.09


By-products of the distillation of coal










202


Occupational skin ailments caused by scientifically recognised allergy-provoking or irritative substances not included under other headings




3.   Diseases caused by the inhalation of substances and agents not included under other headings







301


Diseases of the respiratory system and cancers










301.11


Silicosis










301.12


Silicosis combined with pulmonary tuberculosis










301.21


Asbestosis










301.22


Mesothelioma following the inhalation of asbestos dust










301.31


Pneumoconioses caused by dusts of silicates










302


Complication of asbestos in the form of bronchial cancer










303


Broncho-pulmonary ailments caused by dusts from sintered metals










304.01


Extrinsic allergic alveolites










304.02


Lung diseases caused by the inhalation of dusts and fibres from cotton, flax, hemp, jute, sisal and bagasse










304.04


Respiratory ailments caused by the inhalation of dust from cobalt, tin, barium and graphite










304.05


Siderosis










305.01


Cancerous diseases of the upper respiratory tract caused by dust from wood










304.06


Allergic asthmas caused by the inhalation of substances consistently recognised as causing allergies and inherent to the type of work










304.07


Allergic rhinitis caused by the inhalation of substances consistently recognised as causing allergies and inherent to the type of work










306


Fibrotic diseases of the pleura, with respiratory restriction, caused by asbestos










307


Chronic obstructive bronchitis or emphysema in miners working in underground coal mines










308


Lung cancer following the inhalation of asbestos dust










309


Broncho-pulmonary ailments caused by dusts or fumes from aluminium or compounds thereof










310


Broncho-pulmonary ailments caused by dusts from basic slags




4.   Infectious and parasitic diseases







401


Infectious or parasitic diseases transmitted to man by animals or remains of animals










402


Tetanus










403


Brucellosis










404


Viral hepatitis










405


Tuberculosis










406


Amoebiasis










407


Other infectious diseases caused by work in disease prevention, health care, domicilary assistance and other comparable activities for which a risk of infection has been proven










408


COVID-19 caused by work in disease prevention, in health and social care and in domiciliary assistance, or, in a pandemic context, in sectors where there is an outbreak in activities in which a risk of infection has been proven




5.   Diseases caused by the following physical agents:







502.01


Cataracts caused by heat radiation










502.02


Conjunctival ailments following exposure to ultraviolet radiation










503


Hypoacousis or deafness caused by noise










504


Diseases caused by atmospheric compression or decompression










505.01


Osteoarticular diseases of the hands and wrists caused by mechanical vibration










505.02


Angioneurotic diseases caused by mechanical vibration










506.10


Diseases of the periarticular sacs due to pressure










506.11


Pre-patellar and sub-patellar bursitis










506.12


Olecranon bursitis










506.13


Shoulder bursitis










506.21


Diseases due to overstraining of the tendon sheaths










506.22


Diseases due to overstraining of the peritendineum










506.23


Diseases due to overstraining of the muscular and tendonous insertions










506.30


Meniscus lesions following extended periods of work in a kneeling or squatting position










506.40


Paralysis of the nerves due to pressure










506.45


Carpal tunnel syndrome










507


Miner’s nystagmus










508


Diseases caused by ionising radiation









ANNEX II
Additional list of diseases suspected of being occupational in origin which should be subject to notification and which may be considered at a later stage for inclusion in Annex I to the European schedule
2.1   Diseases caused by the following agents:







2.101


Ozone










2.102


Aliphatic hydrocarbons other than those referred to under heading 1.116 of Annex I










2.103


Diphenyl










2.104


Decalin










2.105


Aromatic acids – aromatic anhydrides or their halogenated derivatives










2.106


Diphenyl oxide










2.107


Tetrahydrophurane










2.108


Thiopene










2.109


Methacrylonitrile










2.110


Acetonitrile










2.111


Thioalcohols










2.112


Mercaptans and thioethers










2.113


Thallium or compounds thereof










2.114


Alcohols or their halogenated derivatives not referred to under heading 1.118 of Annex I










2.115


Glycols or their halogenated derivatives not referred to under heading 1.119 of Annex I










2.116


Ethers or their halogenated derivatives not referred to under heading 1.120 of Annex I










2.117


Ketones or their halogenated derivatives not referred to under heading 1.121 of Annex I










2.118


Esters or their halogenated derivatives not referred to under heading 1.122 of Annex I










2.119


Furfural










2.120


Thiophenols or counterparts or halogenated derivatives thereof










2.121


Silver










2.122


Selenium










2.123


Copper










2.124


Zinc










2.125


Magnesium










2.126


Platinum










2.127


Tantalum










2.128


Titanium










2.129


Terpenes










2.130


Boranes










2.140


Diseases caused by inhaling nacre dust










2.141


Diseases caused by hormonal substances










2.150


Dental caries associated with work in the chocolate, sugar and flour industries










2.160


Silicium oxide










2.170


Polycyclic aromatic hydrocarbons which do not come under other headings










2.190


Dimethylformamide




2.2   Skin diseases caused by substances and agents not included under other headings







2.201


Allergic and orthoallergic skin ailments not recognised in Annex I




2.3   Diseases caused by inhaling substances not included under other headings







2.301


Pulmonary fibroses due to metals not included in the European schedule










2.303


Broncho-pulmonary ailments and cancers associated with exposure to the following:






—


soot










—


tar










—


bitumen










—


pitch










—


anthracene or compounds thereof










—


mineral and other oils














2.304


Broncho-pulmonary ailments caused by man-made mineral fibres










2.305


Broncho-pulmonary ailments caused by synthetic fibres










2.307


Respiratory ailments, particularly asthma, caused by irritants not listed in Annex I










2.308


Cancer of the larynx following the inhalation of asbestos dust




2.4   Infectious and parasitic diseases not described in Annex I







2.401


Parasitic diseases










2.402


Tropical diseases




2.5   Diseases caused by physical agents







2.501


Avulsion due to overstraining of the spinous processes










2.502


Disc-related diseases of the lumbar vertebral column caused by the repeated vertical effects of whole-body vibration










2.503


Nodules on the vocal chords caused by sustained work-related vocal effort