CELEX: 51987PC0526
Language: en
Date: 1987-11-06
Title: AMENDED PROPOSAL FOR A COUNCIL DIRECTIVE ON THE PROTECTION OF WORKERS FROM THE RISKS RELATED TO EXPOSURE TO BENZENE AT WORK ( FIFTH INDIVIDUAL DIRECTIVE WITHIN THE MEANING OF ARTICLE 8 OF DIRECTIVE 80/1107/EEC )

11.12.87                                Official Journal of the European Communities                                No C 333/13
                                                                  II
                                                          (Preparatory Acts)
                                                   COMMISSION
            Amended proposal for a Council Directive on the protection of workers from the risks related
                                              to exposure to benzene at work (')
                                                        COM(87) 526 final
                    (Fifth individual Directive within the meaning of Article 8 of Directive        80/1107/EEC)
             (Submitted by the Commission to the Council pursuant to Article 149(3) of the EEC Treaty on
                                                         12 November 1987)
                                                           (87/C 333/05)
(l) OJ No C 349, 31. 12. 1985, p. 32.
                     ORIGINAL PROPOSAL                                                         AMENDED PROPOSAL
                                                             Preamble
                                                                          Amend as follows:
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                  THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European                     Having regard to the Treaty establishing the European
Economic Community, and in particular Article 100                         Economic Community, and in particular Article 118A
thereof,                                                                  thereof,
Having regard to the proposal from the Commission,                        Having regard to the proposal from the Commission,
Having regard      to    the  opinion   of   the    European              In cooperation with the European Parliament,
Parliament,
                                                                          Having regard to the opinion of the Economic and
Having regard to the opinion of the Economic and                          Social Committee,
Social Committee,
                                                              Recitals
                                                                                                  New recital
                                                                          Add the following new first recital:
                                                                          Whereas the Council is to adopt, by means of directives,
                                                                          minimum requirements in order to secure improvements,
                                                                          especially in the working environment as regards the
                                                                          health and safety of workers;
                                             F o r m e r first r e c i t a l u n c h a n g e d
                                                          Second recital
                                                                          Amend as follows:
Whereas an examination of the measures taken by                           Whereas an examination of the measures taken by
Member States to protect workers against the risks                        Member States to protect workers against the risks
related to exposure to specified agents while at work                     related to exposure to specified agents while at work
 ---pagebreak--- No C 333/14                            Official Journal of the European Communities                                           11.12.87
                    ORIGINAL PROPOSAL                                                                AMENDED PROPOSAL
reveals certain differences; whereas, therefore, in the                      reveals certain differences; whereas, therefore, in the
interest of balanced development, these measures, which                      interest of balanced development, these measures should
directly affect the functioning of the common market,                        be harmonized while maintaining the improvements
whereas this harmonization and improvement should be                         made; whereas this harmonization and improvement
based on common principles;                                                  should be based on common principles;
                                            T h i r d to n i n t h r e c i t a l s u n c h a n g e d
                                                                 10th r e c i t a l
                                                                             Amend as follows:
Whereas preventive measures should be taken for the                          Whereas preventive measures must be taken for the
protection of the health and safety of workers exposed                       protection of the health and safety of workers exposed
to benzene;                                                                  to benzene;
                                                                 11th r e c i t a l
                                                                             Amend as follows:
Whereas it is necessary, in order to ensure the highest                      Whereas it is necessary, in order to ensure the highest
degree of protection reasonably practicable, that workers                    degree of protection reasonably practicable, that workers
and their representatives be informed about the risks                        and their representatives be informed about the risks
which benzene can pose for their health, and the                             which benzene can pose for their health, and the
measures necessary to lessen or eliminate those risks, and                   measures necessary to lessen or eliminate those risks, and
that they should be in a position to ensure that the                         that they should, through co-determination, be in a
necessary protective measures are taken,                                     position to ensure that the necessary protective measures
                                                                             are taken;
                                                               New recitals
                                                                             Add the following new recitals:
                                                                             Whereas facilities, including adequate time off work
                                                                             without loss of earnings, should be provided by the
                                                                             employer which would assist workers' representatives to
                                                                             monitor, collate and act on information relating to
                                                                             workers' health;
                                                                             Whereas the provisions of this Directive represent
                                                                             minimum requirements, and do not prevent any Member
                                                                             State from maintaining or introducing more stringent
                                                                             measures for the protection of working conditions
                                                                             compatible with the Treaty;
                                                                             Whereas this Directive does not impose administrative,
                                                                             financial and legal constraints incompatible with the
                                                                             creation and development of small and medium-sized
                                                                             undertakings;
                                    A r t i c l e 1, p a r a g r a p h s 1 a n d 2 ( u n c h a n g e d )
                                                      A r t i c l e 1, p a r a g r a p h 3
                                                                             Amend as follows:
3.    This Directive shall not prejudice the right of                         3.      This Directive shall not prejudice the right of
Member States to apply or introduce laws, regulations or                      Member States to apply laws, regulations                or
administrative provisions ensuring greater protection for                     administrative provisions requiring stricter standards,
 ---pagebreak--- 11.12.87                                    Official Journal of the European Communities                                        No C 333/15
                     ORIGINAL PROPOSAL                                                                AMENDED PROPOSAL
workers, in particular as regards the replacement of                           additional prohibitions and the use of less dangerous sub-
benzene by less dangerous substitutes.                                         stitutes for benzene than those laid down in this Directive
                                                                               if they ensure greater protection for workers.
                                                  A r t i c l e 1, p a r a g r a p h 4 ( n e w )
                                                                               Add the following new paragraph:
                                                                                4.     Benzene shall be replaced by less dangerous sub-
                                                                                stitutes wherever this is technically possible. In such cases
                                                                                the use of benzene shall be prohibited.
                                                  A r t i c l e 1, p a r a g r a p h 5 ( n e w )
                                                                               Add the following new paragraph:
                                                                                5.     Measures shall be taken to promote research into
                                                                                and development of safe or less dangerous substitutes for
                                                                                benzene and technologies which make the use of benzene
                                                                                unnecessary.
                              A r t i c l e 2 and A r t i c l e 3 , p a r a g r a p h s 1 to 2 ( u n c h a n g e d )
                                                         Article 3 paragraph 3
                                                                                Amend as follows:
3.    If the assessment referred to in paragraph 2 shows                        3.     If the assessment referred to in paragraph 2 shows
that the workers' exposure to benzene, in the absence of                        that the workers' exposure to benzene, in the absence of
any individual protective equipment is, in relation to an                       any individual protective equipment is, in relation to an
eight-hour reference period, lower than 3,25 mg/m 3                             eight-hour reference period, lower than 3,25 mg/m 3
(1 ppm), then Articles 4, 7, 11, 13, 14 and 15 shall not                        (1 ppm), then Articles 7, 11, 14 and 15 shall not apply.
apply.
                                                  Article 3, p a r a g r a p h 4 (new)
                                                                                Add the following new paragraph:
                                                                                4 (a) The concentration of benzene in the air, as defined
                                                                                        in paragraph 3, shall be taken as the sole criterion
                                                                                        only if there is no risk to health as a result of
                                                                                        absorption through the skin.
                                                                                    (b) A new assessment shall be carried out in the event
                                                                                        that:
                                                                                        — there is reason to believe that the assessment
                                                                                            was incorrect,
                                                                                        — there is a significant change in the activity to
                                                                                            which the assessment relates.
                                                                   Article 4
                                                                                Amend as follows:
Subject to Article 3 (3), for all the activities referred to in                 For all the activities referred to in Article 3 (1),
Article 3 (1), employers shall keep and shall, when                             employers shall be obliged to keep and, when requested,
requested, make available to the responsible authority,                         to make available to the responsible authority, infor-
information on:                                                                 mation on:
— the quantities of benzene used,                                               — the quantities of benzene used,
— the activities and processes carried out,                                     — the activities and processes carried out,
 ---pagebreak--- No C 333/16                              Official Journal of the European Communities                                                   11. 12. 87
                        ORIGINAL PROPOSAL                                                                  AMENDED PROPOSAL
    the substances, preparations or products                   manu-                  the substances, preparations or products             manu-
    factured which contain benzene,                                                   factured which contain benzene,
    the number of workers exposed,                                                    the number of workers exposed,
    the preventive measures taken,                                                    the preventive measures taken,
    the type of protective equipment used.                                            the type of protective equipment used.
                                                        Article 5 (introduction)
                                                                                Amend introductory phrase as follows:
For all the activities referred to in Article 3 (1), workers'                   For all the activities referred to in Article 3 ( 1 ) , workers'
exposure must be reduced to as low a level as is                                exposure must be reduced to a minimum, and in
reasonably practicable, and in particular by the following                      particular by the following measures:
measures, as appropriate:
                                                           A r t i c l e 5, i n d e n t a)
                                                                                Replace by the following:
(a) The quantity of benzene used in each case must be                           a)     If a less dangerous substitute exists, then it must, as a
     limited to the minimum which is reasonably                                        matter of principle, be used in place of benzene. If no
     practicable:                                                                      substitute exists, then the quantity of benzene must be
                                                                                       limited to the absolute minimum;
                                      A r t i c l e 5, i n d e n t s (b) a n d (c) ( u n c h a n g e d )
                                                          A r t i c l e 5, i n d e n t (d)
                                                                                Amend as follows:
(d) waste containing benzene shall be collected in                               (d) waste containing benzene, including waste           resulting
     suitably sealed containers and removed from the                                   from the cleaning of extracted air, shall be     collected
     place of works as soon as possible.                                               in suitably sealed containers, removed from      the place
                                                                                       of work as soon as possible and transferred       to a safe
                                                                                       disposal plant by the responsible authority.
                                            A r t i c l e 6, p a r a g r a p h 1 ( u n c h a n g e d )
                                                         A r t i c l e 6, p a r a g r a p h 2
                                                                                Amend as follows:
2.     Employers shall ensure that all containers and                            (2)      Employers shall be obliged to ensure that all
packages containing benzene are suitably labelled.                              containers and packages containing benzene bear unam-
                                                                                biguous and clearly-visible labels.
                                                         A r t i c l e 6, p a r a g r a p h 3
                                                                                Amend as follows:
3.     Whenever benzene or waste containing benzene is                           3.      Whenever benzene, substances containing benzene
transported the labelling and packaging requirements in                         or waste containing benzene is transported, the labelling
international conventions or national legislation on the                        and packaging requirements in international conventions
transport of dangerous goods must be observed.                                  or national legislation on the transport of dangerous
                                                                                goods must be observed if the national legislation is more
                                                                                restrictive and guarantees more thorough protection than
                                                                                the provisions of this Directive.
 ---pagebreak--- 11.12.87                                       Official Journal of the European Communities                                            No C 333/17
                     ORIGINAL PROPOSAL                                                                         AMENDED PROPOSAL
                                                               Article 7 (unchanged)
                                                                            Article 8
                                                                                          Amend as follows:
                                                    3
The limit value shall be 16,25 mg/m                       (5 ppm) time                    Until 31 December 1991 the limit value shall be
weighted for a period of eight hours.                                                     16,25 mg/m 3 (5 ppm) time-weighted for a period of eight
                                                                                          hours.
                                                                                          From 1 January 1992 the limit value shall be 9,75 mg/m 3
                                                                                          (3 ppm) time-weighted for a period of eight hours.
                                                                                          In the case of Spain and Portugal, application of the limit
                                                                                          value applicable from 1992 may be postponed until
                                                                                          1 January 1995 at the latest. That time limit shall not be
                                                                                          exceeded.
                                                               A r t i c l e 9, p a r a g r a p h 1
                                                                                          Amend as follows:
1.    When the limit value laid down in Article 8 is                                      1.    When the limit value laid down in Article 8 is
exceeded, the reasons for the limit being exceeded must                                   exceeded, the reasons for the limit being exceeded must
be identified and appropriate measures to remedy the                                      be identified and appropriate measures to remedy the
situation must be taken as soon as possible.                                              situation must be taken at once.
                                              A r t i c l e 9, p a r a g r a p h s 2 to 4 ( u n c h a n g e d )
                                                                            A r t i c l e 10
                                                                                          Amend as follows:
In the case of certain activities in respect of which it is                               In the case of certain activities which are of limited
foreseeable that the limit value laid down in Article 8 will                              duration and to be regarded as exceptional, in respect of
be exceeded and in respect of which further technical                                     which further technical preventive measures for limiting
preventive measures for limiting workers' exposure to                                     workers' exposure to benzene are not reasonably
benzene are not reasonably practicable, the employer                                      practicable, the employer shall, with the approval of the
shall determine the measures intended to ensure                                           workers or their representatives, determine the measures
protection of workers while they are engaged in such                                      intended to ensure protection of workers while they are
activities and, in particular, workers shall be issued with                               engaged in such activities and, in particular, workers
protective equipment and in particular suitable                                           shall be issued with protective equipment, and especially
respiratory equipment which must be worn.                                                 suitable respiratory equipment, which must be worn.
                       A r t i c l e 1 1 , p a r a g r a p h 1, i n t r o d u c t i o n a n d i n d e n t (a) ( u n c h a n g e d )
                                                            A r t i c l e 1 1 , p a r a g r a p h 1 (b)
                                                                                          Amend as follows:
(b) areas are set aside where workers can eat and drink                                    (b) suitable rooms are provided, separate from the areas
     without risking contamination by benzene;                                                 in which benzene is used, where workers can eat and
                                                                                               drink without risking exposure to benzene;
                                A r t i c l e 1 1 , p a r a g r a p h 1 (c) (i) a n d 1 (c) (ii) ( u n c h a n g e d )
 ---pagebreak--- No C 333/18                             Official Journal of the European Communities                                                11.12.87
                    ORIGINAL PROPOSAL                                                                 AMENDED PROPOSAL
                                                A r t i c l e 1 1 , p a r a g r a p h 1 (c) (iii)
                                                                                 Amend as follows:
(iii) protective equipment is placed      in a well-defined                      (iii) protective equipment is placed in a well-defined
      place and is checked, if possible  before, and in any                             place and is checked before use and after use;
      case after each use; appropriate  measures are taken                              appropriate measures are taken to repair or replace
      to repair or replace defective      equipment before                              defective equipment before further use;
      further use;
                                                  A r t i c l e 1 1 , p o i n t 1 (d) ( n e w )
                                                                                 Add the following new indent:
                                                                                 (d) workers' representatives are elected to monitor the
                                                                                       workers' health.
                                                        Article 11, paragraph 2
                                                                                 Amend as follows:
Workers shall not be charged for the cost of measures                            The cost of measures taken pursuant to paragraph 1 shall
taken pursuant to paragraph 1.                                                   be borne by the employers.
                                                       A r t i c l e 12, i n t r o d u c t i o n
                                                                                 Amend as follows:
Appropriate measures shall be taken by the employer to                           Employers shall be obliged to take appropriate measures
ensure that workers and their representatives in the                             to ensure that workers and their representatives receive
undertaking or establishment receive adequate infor-                             comprehensive information and training concerning:
mation concerning:
                                                          A r t i c l e 12, i n d e n t (a)
                                                                                 Complete as follows:
(a) potential risks to health;                                                   (a) potential risks to health and measures to prevent such
                                                                                       risks;
                                     A r t i c l e 12, i n d e n t s (b) to (e) ( u n c h a n g e d )
                                                   A r t i c l e 12, i n d e n t (f) ( n e w )
                                                                                Add the following new indent:
                                                                                 (f) the monitoring of the health of workers by their
                                                                                      elected representatives, including the arranging of
                                                                                      training at local colleges for workers' representatives
                                                                                      on methods of collecting information on the health of
                                                                                      workers and, if asked by the workers , the health of
                                                                                      workers families and, if required, the use of computer
                                                                                      technology to assist them for the purpose.
 ---pagebreak--- 11.12.87                                 Official Journal of the European Communities                                              NoC333/19
                      ORIGINAL PROPOSAL                                                                 AMENDED PROPOSAL
                                                  A r t i c l e 12, i n d e n t (g) ( n e w )
                                                                                 Add the following new indent:
                                                                                 (g) adequate agreed time off work without loss of pay to
                                                                                       enable the elected workers' representatives to carry
                                                                                       out the duties arising from this Directive.
                                                       Article 13, introduction
                                                                                 Amend as follows:
Subject to Article 3 (3), for all the activities referred to in                  For all the activities referred to in Article 3 (1),
Article 3 (1) appropriate measures shall be taken to                             employers shall be obliged to take appropriate measures
ensure that:                                                                     to ensure that:
                                            A r t i c l e 1 3 , i n d e n t (a) ( u n c h a n g e d )
                                                         A r t i c l e 1 3 , i n d e n t (b)
                                                                                 Amend as follows:
(b) workers and any workers' representatives in under-                           (b) workers and any workers' representatives in under-
    takings or establishments are informed as quickly as                               takings or establishments are informed at once when
    possible when the limit value referred to in Article 8                             the limit value referred to in Article 8 is exceeded, of
    is exceeded, of the causes thereof, and of the                                     the causes thereof, and of the measures taken or to
    measures taken or to be taken to rectify the                                       be taken to rectify the situation:
     situation;
                                            A r t i c l e 1 3 , i n d e n t (c) ( u n c h a n g e d )
                                                         A r t i c l e 1 3 , i n d e n t (d)
                                                                                 Amend as follows:
(d) the doctor and the authority responsible as well as                          (d) the doctor, the authority responsible and the
     all other persons who have responsibility for health                              workers' representatives as well as all other persons
     and safety at work shall have access to the records                               who have responsibility for health and safety at work
     referred to in subparagraph (c);                                                  shall have access to the records referred to in
                                                                                       subparagraph (c);
                                            A r t i c l e 13, i n d e n t (e) ( u n c h a n g e d )
                                                         A r t i c l e 1 3 , i n d e n t (f)
                                                                                 Amend as follows:
(f) the workers and any workers' representatives shall                           (f) the workers and any workers' representatives shall
    have access to anonymous, collective information in                               have access to collective information in the records;
    the records;
                                            A r t i c l e 1 3 , i n d e n t (g) ( u n c h a n g e d )
 ---pagebreak--- No C 333/20                                 Official Journal of the European Communities                                               11. 12. 87
                    ORIGINAL PROPOSAL                                                                   AMENDED PROPOSAL
                                                   A r t i c l e 1 3 , i n d e n t (h) ( n e w )
                                                                                   Add the following new indent:
                                                                                   (h) agreement is reached between the employer and the
                                                                                         elected workers' representatives on adequate time off,
                                                                                         without loss of pay, for elected workers' repre-
                                                                                         sentatives to enable them to carry out the duties
                                                                                         arising from this Directive;
                                                    A r t i c l e 1 3 , i n d e n t (i) ( n e w )
                                                                                   Add the following new indent:
                                                                                   (i) the workers or their representatives have the right to
                                                                                        ask the employer to take appropriate measures to
                                                                                        ensure that risks associated with benzene cannot arise
                                                                                        and that sources of risk are eliminated immediately.
                             A r t i c l e 14, i n t r o d u c t i o n a n d p o i n t s 1 to 5 ( u n c h a n g e d )
                                                       A r t i c l e 14, p o i n t 6 ( n e w )
                                                                                   Add the following new point:
                                                                                   6. The employer shall provide facilities to assist elected
                                                                                       workers' representatives in their duties under this
                                                                                       Directive, including offices, secretarial assistance and
                                                                                       computer technology should the workers' repre-
                                                                                       sentatives require it.
                                                        A r t i c l e 15 ( u n c h a n g e d )
                                                                     A r t i c l e 16
                                                                                   Amend as follows:
Member States shall keep national statistics                          of           Member States shall keep national statistics                of
recognized cases of occupational diseases due                         to           recognized cases of occupational diseases due               to
benzene.                                                                           benzene.
                                                                                   These statistics shall be updated in the light of new
                                                                                   evidence.
                                                A r t i c l e s 17 a n d 18 ( u n c h a n g e d )
                                                          A n n e x I, p a r a g r a p h 1
                                                                                   Amend as follows:
1. Workers' exposure shall be measured at least every                              1. Workers' exposure shall be measured at least every
   three months and, in any case, whenever a technical                                 three months and, in any case, whenever a technical
   change results in increased exposure.                                               change results in increased exposure or at the request
                                                                                       of the workers or their representatives. The quality of
                                                                                       the air at the workplace shall be constantly monitored.
 ---pagebreak--- 11.12.87                                  Official Journal of the European Communities                                     No C 333/21
                      ORIGINAL PROPOSAL                                                               AMENDED PROPOSAL
                                            A n n e x I, p a r a g r a p h 2, i n t r o d u c t i o n
                                                                           Amend as follows:
2. The frequency of measurements may be reduced to                         2. The frequency of measurement may be reduced to
   once a year where:                                                         twice a year where:
                                   A n n e x I, p a r a g r a p h 2, first i n d e n t ( u n c h a n g e d )
                                           A n n e x I, p a r a g r a p h 2, s e c o n d i n d e n t
                                                                           Amend as follows:
— the results of the two preceding measurements                            — the results of the two preceding measurements
   performed at a suitable time interval have not                              performed at a suitable time interval have not
    exceeded half the limit value laid down in Article 8.                      exceeded a third of the limit value laid down in
                                                                               Article 8.
                                        A n n e x I, p a r a g r a p h 2, last s u b p a r a g r a p h
                                                                           Amend as follows:
Where groups of workers are performing identical or                        Where groups of workers are performing identical or
similar tasks at the same place and are thus being                         similar tasks and are thus being exposed to the same
exposed to the same health risk, sampling may be carried                   health risk, sampling may be carried out on a group
out on a group basis, such that it is representative of the                basis, such that it is representative of the group.
group.
                                       Annex I, paragraphs 3 and 4 (unchanged)
                                      Annex II, paragraphs 1 and 2 (unchanged)
                                                      Annex II, paragraph 3
                                                                           Add the new fifth and sixth indents:
   Health surveillance of exposed workers should be                        3. Health surveillance of exposed workers should be
   carried out in accordance with principles and                               carried out in accordance with the principles and
   practices of occupational medicine and should include                       practices of occupational medicine and should include
   at least the following measures:                                            at least the following measures:
   — keeping records of a worker's medical and occu-                          — keeping records of a worker's medical and occu-
       pational history,                                                            pational history,
   — a personal interview,                                                    — a personal interview,
   — adequate medical surveillance,                                            — adequate medical surveillance,
   — an appropriate blood examination.                                        — an appropriate blood examination.
                                                                               — appropriate tests in the event of a high or excessive
                                                                                    level of exposure,
                                                                               — in the event of a serious risk to health, discussions
                                                                                    shall take place between the employer and the
                                                                                    worker, with the participation of the workers'
                                                                                    representatives, with a view to employing the
                                                                                    worker in another job, not involving exposure to
                                                                                    benzene without loss of pay or status.