CELEX: 51992PC0560
Language: en
Date: 1992-12-23
Title: Proposal for a COUNCIL DIRECTIVE on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents

No C 77 / 12                                 Official Journal of the European Communities                                       18 . 3 . 93
                 Proposal for a Council Directive on the minimum health and safety requirements regarding the
                                         exposure of workers to the risks arising from physical agents
                                                                 ( 93 / C 77 / 02 )
                                                       COM(92 ) 560 final — SYN 449
                                             (Submitted by the Commission on 8 February 1993)
   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                   Parliament adopted a resolution concerning this action
                                                                               programme (6 ), inviting the Commission in particular to
   Having regard to the Treaty establishing the European                       draw up a specific directive on the dangers connected with
   Economic Community , and in particular Article 118A                         noise and vibration and any other physical agent at the
  thereof,                                                                    workplace ;
  Having regard to the proposal from the Commission ,                         Whereas compliance with the minimum requirements
  drawn up after consultation with the Advisory Committee                     designed to guarantee a better standard of health and
  on Safety , Hygiene and Health Protection at Work ,                         safety at work as regards the protection of workers from
                                                                              risks arising from exposure to physical agents is intended
  In cooperation with the European Parliament,                                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
  Having regard to the opinion of the Economic and Social                     possible distortions of competition ;
  Committee ,
  Whereas Article 118A of the Treaty provides that the                        Whereas a single system of protection against all physical
  Council shall adopt , by means of directives , minimum                      agents must be established at Community level ; whereas
                                                                              such a system must limit itself to a definition , free of
  requirements for encouraging improvements , especially in
  the working environment , to guarantee a better level of                    excessive detail , of the objectives , the principles and the
                                                                              fundamental values to be used, in order to enable Member
  protection of the health and safety of workers ;
                                                                              States to apply the minimum requirements in an equivalent
                                                                              manner ;
  Whereas , under the terms of that Article, such directives
  are to avoid imposing administrative , financial and legal
  constraints in a way which would hold back the creation                    Whereas Directive 86 / 1 88 / EEC made provision for the
  and development of small and medium-sized                                  Council to re-examine , on a proposal from the
  undertakings ;                                                             Commission and with a view to reducing the risks
                                                                             concerned , both its scope ratione personae and various
 Whereas the communication from the Commission on its
                                                                             provisions , taking into account in particular progress
                                                                             made in scientific knowledge and technology ; whereas
 programme concerning safety , hygiene and health at                         substantial amendments consequently need to be made to
 work ( ! ) provides for the adoption of measures to promote                 that Directive pursuant to Article 118A of the Treaty ;
 safety at work , particularly with a view to extending the
 scope of Council Directive 86 / 1 88 / EEC of 12 May 1986
 on the protection of workers from the risks related to                      Whereas steps should also be taken to introduce, at
 exposure to noise at work ( 2 ) and the re-evaluation of the                Community level , minimum health and safety
 threshold values ; whereas the Council , in its resolution of               requirements concerning the exposure of workers to all
 21 December 1987 on safety , hygiene and health at                          physical agents , with the exception of those covered by the
 work (■'), took note of this ;                                              EAEC Treaty ;
 Whereas the communication from the Commission (4)
                                                                            Whereas the minimum requirements in this field should
 concerning its action programme relating to the
                                                                            establish the general principles of protection and the
 implementation of the Community Charter of the
 Fundamental Social Rights of Workers ( 5 ) provides for the                objectives to be achieved , whilst leaving open the detailed
 introduction of minimum health and safety requirements                     rules translating the safety levels in operational terms , to
 regarding the exposure of workers to the risks caused by                   be adopted in order to comply with the provisions of this
                                                                            Directive ;
physical agents; whereas in September 1990 the European
(')  OJ No C 28 , 3 . 2 . 1988 , p . 3 .                                    Whereas the level of exposure to physical agents can be
(2)  OJ No L 137 , 24 . 5 . 1986 , p . 28 .                                 more effectively reduced by incorporating preventive
H    OJ No C 28 , 3 . 2 . 1988 , p . 1 .
(4)  Commission document COM(89 ) 568 final.
( 5) Council document FN 441 / 2 / 89 , item II .                           ( 6 ) OJ No C 260 , 15 . 10 . 1990 , p . 167 .
 ---pagebreak---    18 . 3 . 93                              Official Journal of the European Communities                                  No C 77 / 13
  measures into the design of workstations and places of               It lays down particular minimum requirements in this
  work and by selecting work equipment , procedures and                area .
  methods so as to give priority to reducing the risks at
  source ; whereas provisions relating to work equipment               2.      This Directive shall not apply to the health
   and methods thus contribute to the protection of the                protection of workers against dangers arising from
  workers involved;                                                    radiation covered by the Treaty establishing the European
                                                                       Atomic Energy Community .
  Whereas the current situation in the Member States does
  not always make it possible to prescribe an exposure value           3.      Directive 89 / 391 / EEC shall apply fully to the whole
  for physical agents below which they no longer present a             area referred to in paragraph 1 , without prejudice to more
  health risk ;
                                                                       stringent and / or specific provisions contained in this
                                                                       Directive .
  Whereas current scientific knowledge of the effects which
  exposure to physical agents may have on health is not
  sufficient to enable precise exposure levels covering all
  risks to health , especially as regards the effects, of noise                                     Article 2
  other than those of an auditory nature, to be set;
                                                                                                   Definitions
  Whereas employers are obliged to make adjustments in the
  light of technical progress and scientific knowledge                 For the purposes of this Directive, the following terms
  regarding risks related to exposure to physical agents, with         shall have the meaning hereby assigned to them :
  a view to improving the health and safety protection of
  workers ;
                                                                       1 , physical agents:
  Whereas , having regard to the wide variety of technical                 — audible acoustic fields,
  data available internationally in this field , additional
 documents may be drawn up with a view to consolidating                    — vibrations ,
  and updating the minimum requirements;
                                                                           — electric or magnetic fields or combinations thereof
 Whereas this Directive is an individual Directive within
                                                                                with a frequency equal to or less than 3,1015Hz
 the meaning of • Article 16 ( 1 ) of Council Directive                         ( wavelength of 100 nanometres or more );
 89 / 391 / EEC of 12 June 1989 on the introduction of
 measures to encourage improvements in the health and                 2,   let/els :
 safety of workers at work ('); whereas the provisions of
 that Directive are therefore fully applicable to the exposure             — ceiling level: the exposure value giving rise to risks
 of workers to physical agents , without prejudice to more
                                                                                for an unprotected person ; exceeding this level
 stringent and / or specific provisions contained in this                       is prohibited and must be prevented through
 Directive ;
                                                                                the implementation of the provisions of this
                                                                                Directive ,
 Whereas this Directive constitutes a practical step towards
 creating the social dimension of the internal market ,                    — threshold       level:   the    value   towards    which
                                                                                implementation      of this    Directive   should   be
                                                                                geared ,
 HAS ADOPTED THIS DIRECTIVE :
                                                                           — action level: the value , situated between the
                                                                                threshold and ceiling levels , above which one or
                                                                                more of the specified measures must be
                                                                                undertaken .
                            SECTION I
                                                                           These levels shall not take into account the effect of
                     GENERAL PROVISIONS
                                                                           using any item of personal protective equipment
                                                                           within      the    meaning       of Council       Directive
                                                                           89 / 656 / EEC (2 );
                             Article 1
                               Aim                                    3 , assessment: a qualitative operation and / or a
                                                                           quantitative guidelines measurement, as distinct from
 1.      This Directive , which is the nth individual Directive            measurement , which is quantitative and requires the
within the meaning of Article 16 ( 1 ) of Directive                        use of an appropriate methodology ;
89 / 391 / EEC , has as its aim the protection of workers
against the risks to their health and safety , including the         4 , reference to the Annexes: any reference made by this
prevention of such risks, arising or likely to arise from                  Directive to the Annexes shall be restricted to the part
exposure to physical agents .                                              which is specific to the physical agent in question .
(') OJ No L 183 , 29 . 6 . 1989 , p . 1 .                            0 OJ No L 393 , 30 . 12 . 1989 , p . 18 .
 ---pagebreak---    No C 77 / 14                             Official Journal of the European Communities                                         18 . 3 . 93
                              Article 3                                  They shall make it possible to determine the physical
                                                                        parameters used as hazard predictors ( defined in the
        Scope — determination and assessment of risks                   relevant Annexes) and to decide whether, in a given case,
                                                                        the values laid down in this Directive have been exceeded .
   1.    This Directive shall apply to activities in which              The methods and apparatus may make use of the
   workers are or are likely to be exposed to physical agents           parameters derived from those set out in the relevant
   as a result of their work .                                          Annexes , provided that the derived parameters guarantee
                                                                        fulfilment of the obligations set out in this subparagraph .
   2.    In the case of any activity referred to in paragraph 1 ,       For the purposes of applying this paragraph , the value
                                                                        measured shall be increased to account for inaccuracies in
  the employer shall carry out an assessment, as set out in             measurement        as  determined     in    accordance with
  Article 6 ( 3 ) of Directive 89 / 391 / EEC , of the risks
                                                                        metrological practice .
  resulting from exposure .
  3.     Pursuant to the provisions of Article 9 of Directive           3.     The data obtained pursuant to this Article shall be
  89 / 391 / EEC , the employer shall give particular attention ,
                                                                        preserved in a suitable form so as to permit consultation at
  when carrying out the assessment referred to in                       a later date .
  paragraph 2 , to any effects concerning the health and
  safety of workers belonging to groups at particular risks ,
  in order to ensure effective protection .
  4.     Under the conditions laid down in the relevant
                                                                                                   Article 5
  Annexes ,    certain   activities  shall  be   considered   as
  presenting an increased risk . They must be declared to the
  authority responsible . Member States shall ensure that
  appropriate measures are taken in order to control the                    Provisions aimed at avoiding or reducing exposure
  risks associated with these activities .
                                                                        1.     Taking account of technical progress and of the
                                                                       availability of measures to control the physical agent at
                                                                       source, the risks arising from exposure to the physical
                            SECTION II                                 agent must be reduced to the lowest achievable level , with
                                                                       the aim of reducing exposure to below the threshold level
                                                                       referred to in the relevant Annex .
                OBLIGATIONS OF EMPLOYERS
                                                                       Reduction of these risks shall be on the basis of the
                             Article 4
                                                                       general principles set out in Article 6 ( 2 ) of Directive
                                                                       89 / 391 / EEC .
                  Assessment and measurement
 1.     Under the conditions laid down in the relevant                 2.     Under the conditions laid down in the Annexes, the
 Annexes , each physical agent present at work shall be               employer shall establish and implement a programme to
 assessed and, when necessary, measured in order to                   reduce the risk referred to in paragraph 1 by means of
 identify the workers and workplaces referred to in this              technical and / or organizational measures .
 Directive and to determine the conditions under which the
 specific provisions of this Directive apply .
                                                                      3.      Where measures implemented pursuant to this
 2.     The assessment and measurement referred to in                 Directive do not permit exposure levels to be kept below
paragraph 1 shall be competently planned and carried                  the ceiling level :
out at suitable intervals , taking particular account of
the provisions of Article 7 of Directive 89 / 391 / EEC
concerning the necessary competent services or persons ;              ( a) the employer shall immediately implement measures
these intervals shall be revised where there is reason to                   to reduce unavoidable risks to levels not exceeding
believe that they are incorrect or that a material change                   those resulting from exposure of an unprotected
has taken place in the work .                                               person to this ceiling level including, in the last
                                                                            report , prescribing the use of personal protective
The methods used may include sampling, which must be                        equipment ; if the required reduction cannot be
                                                                            achieved , the provisions of Article 8 ( 3 ), ( 4) and ( 5 ) of
representative of the personal exposure of a worker to the
physical agent in question .
                                                                            Directive 89 / 391 / EEC shall apply ;
The methods and apparatus used must be adapted to the                ( b) the employer shall identify the reasons why the ceiling
particular characteristics of the physical agent to be                      level  has    been   exceeded   and   shall      amend     the
measured , the length of exposure , ambient factors and the                 programme of measures set out in paragraph 2 in
characteristics of the measuring apparatus.                                 order to avoid a repeat occurrence.
 ---pagebreak---   18 . 3 . 93                                Official Journal of the European Communities                                No C 17US
  4.      Pursuant to the provisions of Article 15 of Directive          shall be informed without delay of the application of the
  89 / 391 / EEC , the employer shall adapt the measures                 provisions of Article 5 (3 ) thereof.
  referred to in this Article to the requirements of
  particularly sensitive risk groups .
                                                                                                   Article 8
                              Article 6                                                       Access to risk areas
                        Personal protection                              Under the conditions laid down in the relevant Annexes,
                                                                         workplaces where specific protective provisions apply shall
  1.     Pursuant to the provisions of Directive 89 / 656 / EEC          be marked with appropriate signs. The areas in question
  and under the conditions laid down in the relevant                     must also be delimited and access to them must be
  Annexes , personal protective equipment must be made                  restricted where the risk of exposure so justifies .
  available to workers and used by them in accordance with
  the provisions of point ( a ) of Article 5 ( 3 ) of this Directive
  and Article 13 ( 2) of Directive 89 / 391 / EEC .                                                Article 9
  2.     For the purposes of this Directive , personal                                       Training of workers
  protective equipment shall be considered adequate if,
  when worn correctly , the resulting foreseeable risk is               Pursuant to the provisions of Article 12 of Directive
  maintained at a level lower than that resulting from the              89 / 391 / EEC , and under the conditions laid down in the
  exposure referred to in the relevant Annexes .                        Annexes to this Directive , workers must receive training
                                                                        covering in particular the matters referred to in Article 7
  3.     The employer shall be responsible for checking the             ( 2) of this Directive.
 effectiveness of the measures taken in compliance with this
 Article .
                                                                                                  Article 10
                             Article 7
                                                                                 Consultation and participation of workers
                       Worker information                               Consultation and participation of workers and / or of their
                                                                        representatives shall take place in accordance with
 1.     Without prejudice to Article 10 of Directive                    Article 11 of Directive 89 / 391 / EEC on the matters
 89 / 391 / EEC ,    workers      must     receive     information      covered by this Directive , including the Annexes thereto .
 concerning health and safety relating to exposure to
 physical agents at work; in particular, once exposure
 exceeds the threshold level they must be informed of the
 resulting potential risks.
                                                                                                 SECTION III
 2.     In accordance with the procedures laid down in the
 relevant Annexes , workers shall in addition be informed                              MISCELLANEOUS PROVISIONS
 about :
— measures taken pursuant to this Directive , including                                           Article 11
     where and when they apply,
                                                                                             Health surveillance
— the obligation to comply with protective and
     preventive measures, in accordance with national
     legislation ,                                                     1.     The health surveillance referred to in Article 14 of
                                                                       Directive 89 / 391 / EEC shall be carried out in accordance
— the wearing of personal protective equipment and the                 with the provisions of Article 6 ( 5 ) of the said Directive
     role of health       surveillance    in   accordance      with    and under the conditions laid down in the Annexes to this
     Article 11 .                                                      Directive by or under the responsibility of a doctor, or by
                                                                       a specialist if the doctor considers this necessary .
3.      The workers' representatives referred to in Article 3
( c) of Directive 89 / 391 / EEC, and the workers concerned ,          2.     The    surveillance   shall   take   account   of the
shall receive the results of assessments and measurements              significance of the risk and shall have as its objective the
of the physical agent made pursuant to Article 4 of this               prevention and early diagnosis of any ailment due to
Directive, together with explanations of the significance of           exposure to a physical agent. It must allow an assessment
those results . They shall also receive the programme of               of the worker's suitability to occupy a position involving
measures referred to in Article 5 (2 ) of this Directive , and         such exposure .
 ---pagebreak---                                                     J
  No C 77 / 16                               Official Journal of the European Communities                                     18 . 3 . 93
  3.     Workers whose activity involves the wearing of                       to a physical agent, that item of work equipment be
  personal protective equipment or is referred to in Article 3                made available to workers whenever the type of
  (4) shall receive systematic health surveillance . Where                    activity permits .
  over-exposure is suspected, a medical examination must be
  offered to the worker(s) concerned within an appropriate
  period of time .
                                                                                                    Article 13
  4.      The results of health surveillance shall be preserved              Extension of exposure, interference, indirect effects
  in an appropriate form enabling them to be consulted at a
' later date .
                                                                        1.      Under the conditions laid down in the relevant
                                                                        Annexes , Member States shall take appropriate measures
  5.     Member States shall take the necessary measures                to :
  with a view to the doctor and / or the medical authority
  responsible having, as part of health surveillance, access to         ( a) control the harmful effects resulting from the
  the data referred to in Article 4 ( 3 ) and giving appropriate              exposure of workers to the physical agent in question
  indications on any protective or preventive measures to be                  when such exposure extends beyond working hours
  taken .                                                                     for reasons related to the work;
                                                                        (b) restrict, pursuant to the provisions of Article 6 ( 3 ) of
                                                                              Directive 89 / 391 / EEC , the physical agent in question
                              Article 12
                                                                              to values below those laid down by this Directive
                                                                              whenever this is necessary for the protection of health
                                                                              and safety .
    Provisions relating to equipment and working methods
                                                                        2.     When a physical agent present during work involves
                                                                        a risk for workers not arising from exposure to that agent,
  1.    The design of workplaces and work stations, the                this risk must be controlled without prejudice to the
 choice of work equipment and the choice of working and                provisions of this Directive pursuant to the provisions of
 production methods referred to in Article 6 (2) (d) of                Article 5 ( 1 ) of Directive 89 / 391 / EEC .
 Directive 89 / 391 / EEC shall take into account any
 emission of physical agents which may result therefrom .
 Pursuant to the provisions of Article 3 of Directive
 89 / 655 / EEC ('), work equipment shall be chosen by                                              Article 14
 taking into account its emissions, which must be compared
 with those from similar equipment.                                                                Dérogations
 2.     Member States shall take appropriate measures to               1.      Member States may grant exemptions, but only
 ensure the health and safety of workers in order that:                under the conditions laid down in the relevant Annexes ,
                                                                       from certain provisions of this Directive where, under
 (a) for the purposes of conforming with the provisions of             particular circumstances, their application may increase
       Article 6 ( 1 ) of Directive 89 / 655 / EEC , and if the        the overall risk to the health and safety of workers and
       equipment used may cause exposure exceeding the                 where this risk cannot be reduced by other means .
       action level referred to in the relevant Annex to this
       Directive for a worker using it , the employer:                 2.      The exemptions referred to in paragraph 1 shall be
                                                                       granted following consultation with the two sides of
       — carries out or causes to be carried out, for each             industry and in accordance with Article 10 . They must be
           physical agent, the assessment described in                 subject to conditions guaranteeing, with due account taken
           Article 4 ( 1 ), if he has appropriate information          for particular circumstances, the minimization of risks
           provided by the manufacturer of the work                    arising therefrom . They shall be subject to periodic review
           equipment on the basis of Community directives              and shall be revoked as soon as possible.
           having as their objective the freedom of movement
           for work equipment,
      — carries out or causes to be carried out the                                                 Article 15
           necessary    measurement(s )     for   each   physical
           agent ;                                                                           Additional documents
( b) where work equipment is subject to Community
                                                                       With a view to the practical application of this Directive,
      provisions with the aim or effect of limiting exposure
                                                                       and in so far as appropriate standards for the health and
                                                                       safety of workers do not exist, additional documents shall
(') OJ No L 393 , 30 . 12 . 1989 , p . 13 .                            be drawn up in accordance with the procedure set out in
 ---pagebreak---  18 . 3 . 93                             Official Journal of the European Communities                               No C 77 / 17
Article 17 of Directive 89 / 391 / EEC , with particular                                       Article 18
 reference    to   the  harmonization    of  basic   technical
 concepts .                                                                                Final provisions
                                                                     1.   Member States shall bring into force the laws ,
                           Article 16                               regulations and administrative provisions necessary to
                                                                    comply with this Directive by 31 December 1995 . They
                            Annexes                                 shall immediately inform the Commission thereof.
Amendments to the provisions and technical data in the            " When Member States adopt these provisions, - these shall
                                                                    contain   a   reference   to   this  Directive or   shall  be
Annexes shall be laid down in accordance with the
procedure set out in Article 17 of Directive 89 / 391 / EEC         accompanied by such reference at the time of their official
with regard to :                                                    publication . The procedure for such reference shall be
                                                                    adopted by Member States.
— the adoption of directives in the field of technical
     harmonization and standardization with regard to the           2.    Member       States    shall   communicate     to   the
     design , building, manufacture or construction of work         Commission the texts of the provisions of national law
     equipment and / or workplaces ,                                which they adopt or have already adopted in the field
                                                                    covered by this Directive.
— technical progress, changes in international rules or
     specifications and new findings relating to the effects of     3.    Member States shall report to the Commission every
     physical agents on health .                                    five years on the practical implementation of the
                                                                    provisions of this Directive , indicating the points of view
                                                                    of both sides of industry .
                           Article 17
                                                                    On the basis of these reports, the Commission shall inform
                            Repeal                                  the European Parliament, the Council , the Economic and
                                                                    Social Committee and the Advisory Committee on Safety ,
                                                                    Hygiene and Health Protection at Work.
Directive 86 / 188 / EEC is repealed with effect from the
date set out in the first subparagraph of Article 18 ( 1 ).
                                                                                              Article 19
References to the repealed Directive shall be understood as
referring to this Directive and shall be read according to
the table of equivalence set out in Annex V.                        This Directive is addressed to the Member States .
 ---pagebreak--- No C 77 / 18                                  Official Journal of the European Communities                                       18 . 3 . 93
                                                                  ANNEX I
                                                                    NOISE
             1.   Risk
                  This Annex refers to the risk to health and safety resulting from exposure to noise , and in particular the
                  risk to hearing and the risk of accidents. The physical parameters used to predict danger are the risk of
                  accidents. The physical parameters used to predict danger are as follows:
                  — peak acoustic pressure Pmai : maximum value , in pascals, of the 'C'-weighted instantaneous sound
                      pressure ,
                  — daily sound exposure LEX8h : standardized sound exposure level for a reference duration equal to a
                      nominal eight-hour day as defined by international standard ISO 1999:1990; all noises present at
                      work, whatever their time characteristics, are to be included when determining exposure.
             2.   Levels
                  The threshold level is established at LEX-8h = 75 dB(A ); ceiling levels are established at LEX>8h = 90 dB(A )
                  and at P,^ = 200 Pa (').
                  Intermediate action levels are established at :
                 — LEx.sh = 80 dB(A ) and / or          = 112 Pa for:
                      — informing workers likely to be exposed to these levels (Article 7 (2)),
                      — supplying personal protective equipment to workers who request it (Article 6 ( 1 )),
                 — I-Ex.sh = 85 dB(A ) and / or P^ = 112 Pa for:
                      — training in the implementation of measures taken pursuant to this Directive (Article 9 ), for the
                          benefit of workers likely to be exposed to these levels,
                      — providing* information on the noise produced by work equipment likely to give rise to such
                          exposure where it relates to a reference duration of eight hours (Article 12 (2) (a)),
                      — the programme of technical and / or work organization measures aimed at reducing exposure
                          ( Article 5 ( 2 )),
                 — Lex.8Ii = 90 dB(A ) and / or Pm„ = 200 Pa for the delimiting of areas where workers are likely to be
                      exposed to these levels and for the restriction of access (Article 8 ),
                 Pursuant to the provisions of this Section, it shall be considered that the daily sound exposure of a worker
                 is likely to reach a given value (LEXGH = X dB(A)) when the ambient noise at his workplace represented by
                 the continuous equivalent acoustic pressure level over a period of some minutes reaches this numerical
                 value ( LA„ T = X dB(A )).
             3.  Activities with increased nsk
                 The provisions of Article 3 (4) shall apply to activities in which workers are subject to a personal daily
                 exposure greater than LEX,8ll = 105 dB(A) and / or to a peak acoustic pressure greater than Pm„ =
                 600 Pa .
            4 . Individual protectors ( Article 6 )
                 Where daily sound exposure exceeds LEX-8ll = 90 dB(A ) and / or where peak acoustic pressure exceeds Pmax
                  = 200 Pa , individual protectors must be used.
                 The protectors must maintain the foreseeable residual risk to hearing at a level lower than that resulting
                 from exposure where LEX,8h = 85 dB(A ) or Pmax = 200 Pa.
            5 . Health surveillance (Article 11 )
                 The worker whose daily sound exposure exceeds LEX-8h = 80 dB(A) shall have the right to a surveillance of
                 hearing function , with the objectives of providing early diagnosis of any loss of hearing due to noise and
                 of preserving hearing function .
            {') 140 dB in relation to 20 uPa .
 ---pagebreak--- 18 . 3 . 93                               Official Journal of the European Communities                                          No C 77 / 19
            6 . Extension of exposure
                The provisions of Article 13 ( 1 ) (a) shall apply in particular where, owing to the nature of the activity , a
                worker benefits from the use of rest facilities supervised by the employer; noise in these facilities must be
                reduced to a level compatible with their purpose and conditions of use (capability of reduction to
                60 dB(A ) during sleep ).
            7.  Interference
                The provisions of Article 13 ( 1 ) (b) shall apply in particular where the type of activity requires particular
                vigilance .
            8 . Derogations
                1 . In the case of workplaces where daily noise exposure varies markedly from one working day to the
                    next, Member States may , in applying the provisions of the Directive, use a weekly average of daily
                    sound exposures in place of daily sound exposure (reference duration equal to a nominal week of five
                    eight-hour days) but only on condition that adequate monitoring shows that this weekly average
                    complies with the numerical value laid down in these provisions.
                2. For workers performing special operations, Member States may grant derogations from the obligation
                    to use personal protective equipment (Article 5 ( 3 ) ( a )) where such use would increase the overall risk
                    referred to in Article 4 ( 1 ).
 ---pagebreak--- No C 77 / 20                                 Official Journal of the European Communities                                         18 . 3 . 93
                                                                  ANNEX U
                                                        MECHANICAL VIBRATION
                                                 A.  HAND-TRANSMITTED VIBRATION
              1.   Risk
                   This Annex refers to the risk to health and safety resulting from exposure to vibration transmitted to
                   hand-arm : vascular , bone and joint , neurological or muscle disorders .
                   The quantity used as a predictor of the hazard is the daily hand-transmitted vibration exposure A(8 ) as
                   defined by BS 6842:1987 using for ak,w(1 > ( in its Section 4.1 ) the vector sum ( root sum square ) of the
                   weighted root mean square accelerations determined in orthogonal coordinates with the frequency
                   weighting defined by that standard . However , if an axis produces a weighted value which is less than
                   50% of the maximum value determined at the same point but in another axis , it can be neglected .
              2.   Values
                   The threshold level is established at A(8 ) = 1 m s 2.
                   Subject to the provisions of Article 13 , the ceiling level is established at
                   A(8 ) = 5 m s~ 2 .
                   The action level is established at A(8 ) = 2,5 m s 2 for:
                   — providing the information mentioned in Article 7 ( 2), to the workers likely to be exposed to this
                        level ,
                   — training in the implementation of measures taken pursuant to this Directive ( Article 9 ), for the benefit
                        of workers likely to be exposed to this level ,
                  — providing information on the vibration produced by work equipment likely to give rise to such
                        exposure during a reference duration of eight hours ( Article 12 ( 2 ) ( a )),
                  — the programme of technical and/ or work organization measures aimed at reducing exposure
                        ( Article 5 ( 2 )).
                  For applying the provisions of this Section , it is considered that A(8 ) is likely to reach 2,5 m s 2 when the
                  work equipment used transmits to the hand-arm system a short term (a few minutes) equivalent
                  accelaration equal to that numerical value.
             3 . Hazardous activities ( Article 3 )
                  The provisions of Article 3 (4 ) apply to activities requiring the use of work equipment which transmits to
                  the hand-arm system a short-term (a few minutes ) equivalent acceleration equal to or greater than 20 m
                  S "'.
             4 . Measurement and evaluation ( Article 4 )
                  In the case of devices which need to be held by both hands , measurement shall be made on each hand .
                  The hazard is expressed by the highest energy equivalent acceleration , and information for the other
                  hand will be given .
                 Where the level of vibration cannot be reliably quantified , the likelihood of exposure above the action
                 level must be evaluated (observation of working practices and information on the equipment used) in
                 order to judge the risks involved . If an exposure above the action level cannot be ruled out , the
                 corresponding preventive measures must be implemented .
             5 . Réduction of the risk ( Article 5 )
                 ( a ) As long as adequate and practical personal protective equipment is not available , the provisions
                         aimed at reducing the exposure shall be complemented by measures reducing the hazard arising from
                         such exposure .
                 ( b ) Where the activity involves the use of work equipment which transmits to the hand-arm system a
                         short-term (a few minutes) equivalent accelaration exceeding 10 m s~ 2 , increased efforts shall be
 ---pagebreak--- 18 . 3 . 93                                 Official Journal of the European Communities                                         No C 77 / 21
                        made to reduce the hazard, with priority to the use of low-vibration equipment and processes ,
                        including the revision of product design and work practice .
                        Pending their effective implementation the duration of continuous exposure shall be reduced .
                  ( c ) The Commission and the Member States will ensure a dynamic and coordinated application of the
                        provisions of this Section .
             6 . Individual protectors
                  No adequate personal protective equipment against vibration is presently available; when it becomes
                  available , it shall be used .
             7 . Information and training (Articles 7 and 9 )
                  Information and training of workers shall include at least:
                  — why and how to detect and report signs of injury ,
                  — safe working practices to minimise exposure to vibration ,
                  — measures reducing the resulting risk.
             8 . Health surveillance ( Article 11 )
                  Workers exposed to hand-arm vibration exceeding A(8 ) = 2,5 m s~ 2 are entitled to a health surveillance
                  which aims at early detection of a vibration snydrome, and requires routine examinations.
                  Workers using work equipment referred to in Section 6b must be offered such a health surveillance .
             9 . Work equipment ( Article 12 )
                  The information referred to in Article 12 (2) ( a ) must include marking of the equipment which transmits
                  to the hand-arm system a short-term (a few minutes) equivalent acceleration equal to or greater than
                  20 m s 2 .
            10 . Interference ( Article 13 )
                 The provisions of Article 13 ( 1 ) (b) shall apply in particular where the vibration interferes with the
                 proper handling of controls or reading of indicators.
            11 . Indirect risks ( Article 13 )
                 The provisions of Article 13 (2) shall apply in particular when the vibration interferes with the stability
                 of structures or the good holding of joints.
            12 . Derogations ( Article 14 )
                 (a) During a period of five years with effect from the date set our in Article 18 , Member States may
                        grant derogations from Article 5 ( 3 ) ( workers leaving workplaces where exposure remains excessive)
                        where the state of the art does not allow the respect of the ceiling level .
                 ( b ) The Commission and the Member States will ensure a dynamic and coordinated application of the
                        provisions of this Section .
                                                     B. WHOLE-BODY VIBRATION
             1.  Risk
                 This part of Annex II refers to the risk to health and safety resulting from exposure to vibration
                 transmitted to the whole body: low-back morbidity and trauma of the spine, as well as severe
                 discomfort .
                 The quantity used as a predictor of the hazard is the daily whole-body vibration exposure A(8 )
                 determined as in part A, using for ah w(,) the vector sum (root sum square) of the values of 1,4 awx, 1,4 awy,,
                 aW2 where awx, awy , awz are the weighted root-mean square accelerations in the orthogonal axes X, Y , Z
                 respectively as defined in ISO 2631 . However , any term of the vector sum which is less than 66% of the
                 highest one can be neglected .
 ---pagebreak--- No C 77 / 22                                  Official Journal of the European Communities                                            18 . 3 . 93
               2.    Values
                     The threshold level is established at A(8 ) = 0,25 m s 2 .
                      Subject to the provisions of Article 13 , the ceiling level is established at A(8 ) = 0,7 m s~ 2.
                     The action level is established at A(8 ) = 0,5 m s 2 for:
                     — providing the information mentioned in Article 7 (2 ) to the workers likely to be exposed to this
                         level ,
                     — training in the implementation of measures taken pursuant to this Directive (Article 9), for the benefit
                         of workers likely to be exposed to this level ,
                     — providing information on the vibration produced by work equipment likely to give rise to such
                         exposure during a reference duration of eight hours ( Article 12 ( 2 ) ( a )),
                     — the programme of technical and / or work organization measures aimed at reducing exposure
                         ( Article 5 ( 2 )).
                     Where whole-body exposure involves shocks or other vibration at high magnitudes during low durations,
                     the corresponding action level is established as the hazard due to exposure during a period of one hour to
                     a constant amplitude of 1,25 m s -2 .
                     For applying the provisons of this section , it is considered that A(8 ) is likely to reach 0,5 m s * 2 when the
                    work equipment used transmits to the whole body a short term (a few minutes ) equivalent acceleration
                    equal to that numerical value .
              3 . Hazardous activities (Article 3 )
                    The provisions of Article 3 (4) apply to activities which result in a whole-body exposure equal to or
                    greater than A(8 ) = 1,25 m s 2 .
              4 . Measurement and evaluation (Article 4 )
                    Where the level of vibration cannot be reliably quantified, the likelihood of exposure above the action
                    levels must be evaluated (observation of working practices and information on the equipment used) in
                    order to judge the risks involved. If an exposure above the action levels cannot be ruled out, the
                   corresponding preventive measures must be implemented .
              5 . Réduction of the risk ( Article 5 )
                   ( a ) As long as adequate and practical personal protective equipment is not available, the provisions
                          aimed at reducing the exposure shall be complemented by measures reducing the hazard arising from
                          such exposure .
                   ( b ) The Commission and the Member States will ensure a dynamic and coordinated application of the
                          provisions of this Section .
              6 . Individual protectors
                   No adequate personal protective equipment against vibration is presently available.
             7. Information and training (Articles 7 and 9 )
                   Information and training of workers shall include at least:
                   — why and how to detect and report signs of injury,
                   — safe working practices to minimize exposure to vibration ,
                   — measures reducing the resulting risk.
             8 . Health surveillance (Article 11 )
                  Workers exposed to whole-body vibration exceeding A(8 ) = 0,5 m s~ 2 are entitled to a health
                  surveillance which aims at early detection of health impairment due to whole-body vibration and requires
                  routine examinations .
             9 . Extension of exposure ( Article 13 )
                  The provisions of Article 13 ( 1 ) (a) shall apply in particular where, owing to the nature of the activity, a
                  worker benefits from the use of rest facilities supervised by the employer; whole-body vibration in these
                  facilities must be reduced to a level compatible with their purpose and conditions of use , exept in cases of
                  force majeure .
 ---pagebreak--- 18 . 3 . 93                               Official Journal of the European Communities                                       No C 77 / 23
            10 . Interference ( Article 13 )
                 The provisions of Article 13 ( 1 ) (b) shall apply in particular where the vibration interferes with the
                 proper handling of controls or reading of indicators.
            11 . Indirect risks (Article 13 )
                 The provisions of Article 13 (2) shall apply in particular when the vibration interferes with the stability
                 of structures or the good holding of joints .
            12 . Derogations (Article 14 )
                 (a) During a period of five years with effect from the date set out in Article 18 , Member States may
                       grant derogations from Article 5 (3 ) (workers leaving workplaces where exposure remain excessive)
                       where the state of the art does not allow the respect of the ceiling levels.
                 ( b ) The Commission and the Member States will ensure a dynamic and coordinated application of the
                       provisions of this Section .
 ---pagebreak--- No C 77 / 24                                  Official Journal of the European Communities                                     18 . 3 . 93
                                                                   ANNEX III
                                                            OPTICAL RADIATION
             1.    Risk
                   This Annex refers to the risk to the eye and to the skin, resulting from exposure to optical radiation
                   ( wavelength from 100 nm to 1 mm ).
                   The exposure of the target (eye or skin) to such radiation during a working day is used as a predictor of
                   the hazard ; it is expressed, according to the case, in one of the following units :
                   — watt per square meter ,
                   — joule per square meter ,
                   — watt per square meter and per steradian ,
                   — joule per square meter and per steradian .
             2 . Values (')
                   The ceiling levels are established at the threshold level values mentioned in ACGIH 1992—1993 , pp. 100
                   to 112 and 124 to 127 .
                   The threshold levels are established for man-made sources at half the ceiling levels .
                   Action levels are established at :
                   — half the ceiling levels for :
                       — providing the information mentioned in Article 7 (2) to the workers likely to be exposed to these
                          levels ,
                       — training in the implementation of measures taken pursuant to this Directive ( Article 9 ),
                       — making personal protective equipment available (Article 6 ( 1 )),
                       — providing infomation on the optical radiation produced by work equipment likely to give rise to
                          such exposure during a reference duration of eight hours ( Article 12 ( 2 ) ( a ));
                  — the ceiling levels for:
                      — the delimiting of areas and the restriction of access ( Article 8 ) in the case of man-made sources ,
                      — the programme of technical and / or work organization measures aimed at reducing exposure
                          ( Article 5 ( 2 )).
            3.    Hazardous activities
                  The provisions of Article 3 (4) apply to activities in which the exposure leads to a hazard equivalent to
                  that due to a laser of class 3 B (according to IEC Publication 825 , 1990 ).
                  The operators of such sources must be trained ( Article 9 ) and their competence must be checked .
            4 . Personal protection ( Article 6 )
                 Personal protective equipment must be used by workers who are likely to be exposed to optical radiation
                 exceeding the ceiling levels .
                 As far as exposure of the skin is concerned clothing may be considered as personal protective equipment in
                 so far as it meets the protection objectives .
            5 . Health surveillance (Article 11 )
                 Workers exposed to optical radiation exceeding '/> the ceiling levels are entitled to a health surveillance
                 which includes an eye check and aims at diagnosing any impairment by optical radiation and at preserving
                 the vision .
           (') The wording of the 'values' Section will be amended as soon as sufficient progress has been made with technical
                standardization .
 ---pagebreak--- 18 . 3 . 93                                 Official Journal of the European Communities                                       No C 77 / 25
            6 . Equipment (Article 12 )
                Any laser used at work must be labelled with its classification according to IEC Publication 825 , 1990.
                Any man-made source likely to cause damage similar to that of a laser of class 3 B or 4 must also be
                labelled accordingly .
            7 . Interference ( Article 13 )
                The provisions of Article 13 ( 1 ) (b) shall apply where dazzling by light sources may interfere with
                complete safety of the activity .
            8 . Indirect effects ( Article 13 )
                The provisions of Article 13 (2) shall apply where the optical radiation is likely to cause fire or to produce
                hazardous substances by decomposing or interfering with materials present .
            9 . Derogations ( Article 14 )
                Member States may grant derogations from Article 5 (3 ) for workers performing outdoors operations in
                the absence of man-made sources of optical radiations; they will therefore consider the local climatic
                conditions as well as the sensitivity of the interested population to such exposure (e.g. solar ).
 ---pagebreak--- No C 77 / 26                                   Official Journal of the European Communities                                        18 . 3 . 93
                                                                   ANNEX IV
                                                             FIELDS AND WAVES
              1.  Risk
                  This Annex refers to the risk to the health and safety due to the effects of electric fields and currents in the
                  human body, as well as of absorption of energy, resulting from exposure to static and time-varying electric
                  and magnetic fields with frequencies up to 300 GHz (').
                  The quantities used as predictors of the hazard are:
                  — the current density , expressed in the unit ampere per square metre,
                 — the current passing through any one foot or hand in contact with a conducting object, expressed in the
                      unit ampere ,
                 — the specific absorption rate (SAR ) of electromagnetic energy , expressed in the unit watt per
                      kilogram ,
                 — the specific absorption (SA) of electromagnetic energy , expressed in the unit joule per kilogram.
                 Quantities which can be obtained directly by means of a measuring instrument are used to specify action
                 levels :
                 — the magnetic field strength H, expressed in the unit ampere per metre,
                 — the magnetic flux density B , expressed in the unit tesla ,
                 — the electric field strength E , expressed in the unit volt per metre,
                 — the power (surface) density P in free-space and far-field conditions, expressed in the unit watt per
                     square metre .
             2.  Values
                 The ceiling levels are established as follows ( all conditions to be satisfied):
                 — the values of Table 1 for:
                     — the induced current density in head and trunk ,
                     — the contact current averaged over a period of one second; the peak value may not exceed 10 times
                           the average value ,
                     — the average over the whole body , as well as the local peaks in the limbs and in the head and trunk ,
                           of the SAR averaged over any six minute period ,
                 — a SA of 10 m J kg " 1 due to a pulse of less than 30— ms duration of microwaves at frequencies above
                     300 MHz .
                     As regards mobile radio equipment, the particicularities of conditions of use and the rapidity of
                     technological changes require that the ceiling levels be determined following further consideration .
                 The threshold levels are established at '/s the ceiling levels.
                 Action levels are established at :
                 — the values of table 2 for:
                    — providing the information mentioned in Article 7 (2) to workers likely to be exposed to these
                          levels ,
                    — training in the implementation of measures taken pursuant to this Directive (Article 9 ),
                    — providing personal protective equipment (Article 6 ( 1 )),
                    — providing information on the fields and waves produced by work equipment likely to result in such
                          values (Article 12 ( 2) ( a )),
                 — 1,6 times the values of H, B or E in Table 2 for:
                    — the programme of technical and/ or work organization measures aimed at reducing exposure
                          ( Article 5 ( 2 )),
                    — the delimiting of areas and the restriction of access (Article 8 ),
                    — training of the operators ( Article 9 ) and checking of their competence .
           (') Hazards resulting from contact with live conductors are not covered by this Annex .
 ---pagebreak---    18 . 3 . 93                                     Official Journal of the European Communities                                         No c 77 / 27
                   3.   Hazardous activities
                                                                                                                                '   ^
                       The provisions of Article 3 ( 4 ) apply to activities requiring the use of work equipment which exposes
                        workers to fields exceeding three times the values of H , B or E in Table 2.
                   4 . Measurement ( Article 4 )
                       Body current densities, SAR and SA are, for practical purposes, estimated from measured derived
                        quantities (e.g. electric and magnetic field strengths) which must reflect realistic exposure situations.
                        The Commission and the Member States will ensure the coordinated definition of a suitable metrology.
                   5 . Reduction of exposure; personal protection (Articles 5 and 6 )
                       Personal protective equipment must be used by workers who are likely to be exposed to electric fields in
                       which the ceiling levels would be exceeded .
                       There is no adequate and practical way to shield against magnetic field exposure .
                   6 . Information of workers ( Article 7 ( 2))
                       Workers exposed to an electric field above 5 kVrrr ' must be informed that apparently harmless
                       perception effects on the surface of the body may occur.
                   7 . Work equipment ( Article 12 )
                       The information referred to in Article 12 ( 2) (a) must include marking of the equipment likely to produce
                       fields exceeding three times the values of H , B or E in Table 2 .
                   8 . Indirect risks ( Article 13 )
                       The provisions of Article 13 (2) shall apply in particular where electromagnetic fields are likely to result in
                       fire or explosion due to induced currents or voltages, e.g. when structures are electrically charged, or
                       when using electroexplosive devices.
                                                                            TABLE 1
                                                                        Ceiling levels
                              Induced current density     Contact current         Whole body average
                                                                                                              SAR             Local peak in the head
           Frequency             in head and trunk
                                                             ( mA ) (')                (W kg " 1 )   Local peak in the limbs         and trunk
                                     ( A-m-')C )                                                          (W (0,1kg)-')           (W ( 0,1 kg)- 1 )
 0-1 Hz                                  0,04                   1,5                       (2)                  (2)                      ( 2)
 1-4 Hz                             4 x 10 - s / f              1,5                       (2)                  (2)                      ( 2)
 4 Hz- 1 kHz                            0,010                   1,5                       (2)                  ( 2)                     ( 2)
 1-3 kHz                                f / 100                 1,5                       (2)                  ( 2)                     (2)
 3-100 kHz                              f/ 100                  f /2                      (2)                  ( 2)                     (2)
 100 kHz-10 MHz                         f / 100                 50                       0,4                    2                        1
 10-100 MHz                                H                    50                       0,4                    2                        1
100 MHz-300 GHz                            n                    ( 2)                     0,4                    2                        1
(') f in kHz .
( 2) Not relevant at these frequencies .
 ---pagebreak---  No C 77 / 28                                          Official Journal of the European Communities                                                           18 . 3 . 93
                                                                               TABLE 2
                                                                            Action levels
                                                   H                                B                               E                                   P
              Frequency                     (A.m-1)2 ) )                        ( μΤ)(1 )                      ( V-m-')C )                         ( W-m -2 ) (')
  <1 Hz                                    1,63 x 105                       2 x IO5                         6,14x10"                            (J )
 1-10 Hz                                   0,163 / f 2                      0,2 / f2                        6,14 x 104                          H
 10 Hz- 1 kHz                              16,3 /f                          20 /f                           614 / f                             (3)
 1-300 kHz                                 16,3                             20                              614                                 (3)
300 kHz-1 MHz                              4,9 x 103 /f                     6 x 103 /f                      614                                 (3)
 1-10 MHz                                  4,9 x 103 /f                     6 x 103 /f                      6,14 x 105                          (3)
 10-30 MHz                                 4,9 x 103 /f                     6 x 103 /f                      61,4                                10
30-400 MHz                                 0,163                            0,2                             61,4                                10
400 MHz-2 GHz                              2,58x10 -" f0·5                  3,16 x 10 4 f0·5                9,7 x IO " 2 f 0·5                  2,5xl0 - 5 f
2-150 GHz                                  0,364                            0,45                            137                                 50
150-300 GHz                                2,96 x 10 -5 f0·5                3,7 x 10 s f0·5                 1,12 x 10 - 2 f0·5                 3,33 x IO " 7 f
(') f in kHz .
( 2 ) At frequencies of 10 MHz or greater, the value of H may be increased to that calculated from the formula : 5 / 6 (Em2 / 377 ) + '/ 6 ( 377H2 ) ^ P. Where Em is
      the measured electric field strength (V * m 1 ); H and P are the values in the table at the frequency considered.
(') Not relevant at these frequencies.
 ---pagebreak--- 18 . 3 . 93                                  Official Journal of the European Communities                                    No C 77 / 29
                                                                ANNEX V
                                                          TABLE OF EQUIVALENCE
       Directive 86 / 1 88 / EEC            This Directive                    Directive 86 / 1 88 / EEC           This Directive
Article 1                        Articles 1 and 2                       Article 7                       Article 11
— Paragraph 1                    — Paragraph 1 , Annex I ,              — Paragraph 1                   Annex I , point 5
                                     point 1
— Paragraph 2                    — Paragraph 3( 1 )                     — Paragraph 2                   Annex I , point 5
— Paragraph 3                    — Paragraph 3                          — Paragraph 3                   — Paragraph 4
Article 2                        Article 2                             — Paragraph 4                    — Paragraph 5
— Paragraph 1                    Annex I , point 1
— Paragraph 2                    Annex I , points 1 and 8              Article 8                        Article 12
Article 3                        Article 4                             — Paragraph 1
—   Paragraph 1                  — Paragraph 1                             - ( a)                       — Paragraph 1
—   Paragraph 2                  — Paragraph 2                             - ( b)                       — Paragraph 2 ( a)
—   Paragraph 3                  Implicit in Annex I, point 1
                                                                       — Paragraph 2                    Not applicable
—   Paragraph 4                  — Paragraphs 2 and 10
—   Paragraph 5                  — Paragraph 3
                                                                       Article 9                        Article 14
Article 4                        Article 7
— Paragraph 1                    — Paragraph 1                                                          — Paragraph 1 and Annex I ,
                                                                       — Paragraph 1
    - (a)                        — Paragraph 2                                                              point 8.1
    - (b)                        — Paragraph 3                         — Paragraph 2
— Paragraph 2                    Articles 7 ( 2 ) and 8                    - (a)                        Deleted
Article 5                        Article S                                 - ( b)
                                                                                                        — Paragraph 1 and Annex I ,
                                                                                                            point 8.2
— Paragraph 1                    — Paragraph 1
                                 Article 7(3 )
                                                                           - (c )                       — Paragraph 2
— Paragraph 2
    - (a)                        — Paragraph 2                             - (d)                        — Paragraph 3
    - (b)
Article 6                        Article 6                             Article 10                       Not applicable
— Paragraph 1                    — Paragraph 1 and Annex I ,
                                     point 4
                                                                       Article 11                       Article 10
— Paragraph 2                    — Paragraph 1 and Annex I ,
                                     point 2
— Paragraph 3                    — Paragraphs 2, 10 and
                                     Directive 89 / 656 / EEC          Article 12                       Not applicable
— Paragraph 4                    Article 1
                                 — Paragraph 3 and Directive
                                     89 / 656 / EEC                    Article 13                       Article 18