CELEX: 51994PC0230
Language: en
Date: 1994-06-09
Title: Amended proposal for a COUNCIL DIRECTIVE on the protection of the health and safety of workers from the risks related to chemical agents at work

COMMISSION OF THE EUROPEAN COMMUNITIES
                                             C0MCÔ4) 230 f i n a l - SYN 459
                                             •Tiltttlt» 0«.0t.t9t4
                         Amended proposal   for a
                            COUNCIL DIRECTIVE
          on the protection of the health and safety of workers
            from the risks related to chemical agents at work
     (presented by the Commission pursuant t o A r t i c l e 189 A (2)
                            of the EC-Treaty)
 ---pagebreak---                              EXPLANATORY MEMORANDUM
                          Amended proposal for a Council Directive
                    on the protection of the health and safety of workers
                     from the risks related to chemical agents at work
Following receipt of the Opinion adopted by the European Parliament on the first reading on
20 April 1994, the Commission submits to Council, pursuant to Article 189a(2) of the EC
Treaty, an amended proposal for a Directive.
There are two different types of proposed amendments:
        The first type of amendment adds precision to and makes useful clarification of the
        initial proposal;
        The second type of amendment is of a more general kind with the aim it strengthening
        the improvement of the health and safety of workers at work from risks related to
        chemical agents.
The amended proposal of the Commission conserves the structure and objectives of the initial
proposal but it clarifies and amplifies certain provisions.
Of 38 amendments adopted by the European Parliament the Commission has not adopted 4
in total and 1 in part
The Commission has not accepted an enlargement of the scope to include the self-employed.
The proposal is an individual Directive under the framework Directive 89/391/EEC where only
workers and employers are covered. A lower biological limit value for lead for women
workers was not accepted because it is justified only during pregnancy. The Directive
concerning measures to protect pregnant workers already provides such protection. A
graduation of the risk assessment depending on the undefined term "insignificant" was not
accepted because Article 3 of the initial proposal already provides for proportionality between
risk and control and prevention measures.
The additional recital concerning the reference method retained from paragraphs B 3 and 4
of Annex Ha of Directive 88/642/EEC is a consequence of the acceptance of the relevant
amendments of the European Parliament.
The addition of paragraph 8 of Article 8 is necessary in order to have consistency between
biological limit values and limit values. The amendment of the European Parliament only
contains the procedure to set biological limit values but not an obligation for Member States
to implement such values.
 ---pagebreak--- Proposal of the Commission
(OJ C 165 of 16.6.93)
PREVIOUS TEXT                       AMENDED TEXT
THE COUNCIL OF THE EUROPEAN         THE COUNCIL OF THE EUROPEAN UNION
COMMUNITIES
Having regard to the Treaty         Having regard to tho Treaty
establishing the European Economic  establishing th* European
Community, and in particular        conmuhity, ana in particular
Article 118A thereof,               Article U S A thereof.
Having regard to the proposal from
the Commission, drawn up after
consultation with the Advisory
Committee on Safety, Hygiene and
Health Protection at Work,
In co-operation with the European
Parliament),
Having regard to the opinion of the
Economic and Social Committee)
Whereas Article 118A of the Treaty
provides that the Council shall
adopt, by means of Directives,
minimum requirements for
encouraging improvements,
especially in the working
environment, to guarantee a better
level of protection of the safety
and health of workers;
Whereas, pursuant to that Article,
such Directives must avoid imposing
administrative, financial and legal
constraints which would hold back
the creation and development of
small and medium-sized underta-
kings;
Whereas the improvement of workers'
safety, hygiene and health at work
is an objective which should not be
subordinated to purely economic
cons iderat ions;
Whereas the respect of minimum
requirements on the protection of
the health and safety of workers
from the risks related to chemical
agents ensures not only the pro-
tection of the health and safety of
each individual worker but also
provides a level of minimum
protection of all workers in the
Community which avoids any possible
distortion in the area of
                                                                   -Page 1-ha^
 ---pagebreak--- Proposal of the Commission
(OJ C 165 of 16.6.93)
PREVIOUS TEXT                       AMENDED TEXT
competitiveness;
Whereas a consistent level of
protection from the risks related
to chemical agents has to be estab-
lished for the Community as a whole
and whereas that level of
protection has to be set not by
detailed prescriptive requirements
but by a framework of general
principles to enable Member States
to apply the minimum requirements
consistently;
Whereas a work activity involving   Whereas a work activity involving
chemical agents is likely to expose chemical agents is likely to expose
workers to particularly high levels workers to risk;
of risk;
Whereas Council Directive
80/1107/EEC of 22 November 1980 on
the protection of workers from the
risks related to exposure to
chemical, physical and biological
agents at work as last amended by
Council Directive 88/642/EEC,
Council Directive 82/605/EEC of 28
July 1982 on the protection of
workers from the risks related to
exposure to metallic lead and its
ionic compounds at work (first
individual Directive within the
meaning of Article 8 of Directive
80/1107/EEC), and Council Directive
88/364/EEC of 9 June 1988 on the
protection of workers by the
banning of certain agents and/or
certain work activities (fourth
individual Directive within the
meaning of Article 8 of Directive
80/1107/EEC) should, for the sake
of consistency and clarity as well
as for technical reasons, be
revised and included in a single
Directive laying down minimum
requirements for the protection of
the health and safety of workers in
work activities involving chemical
agents; whereas these Directives
can be repealed;
Whereas this Directive is an
individual Directive within the
meaning of Article 16 of Directive
89/391/EEC of 12 June 1989 on the
introduction of measures to encour-
age improvements in the safety and
health of workers at work;
Whereas, therefore the provisions
of the said Directive, apply in
full to workers exposed to chemical
agents, without prejudice to more
                                                                   -Page 2-
 ---pagebreak--- Proposal of the Commission
(OJ C 165 of 16.6.93)
PREVIOUS TEXT                        AMENDED TEXT
stringent and/or specific pro-
visions contained in this
Directive;
Whereas Council Directive
67/548/EEC of 27 June 1967 on the
approximation of the laws, regula-
tions and administrative provisions
relating to the classification,
packaging and labelling of danger-
ous substances, as last amended by
Council Directive 92/32/EEC of 30
April 1992, Council Directive of 26
June 1978 on the approximation of
the laws of the Member States
relating to the classification,
packaging and labelling of danger-
ous preparations (pesticides) and
Council Directive 88/379/EEC of 7
June 1988 on the approximation of
the laws, regulations and admin-
istrative provisions of the Member
States relating to the
classification, packaging and
labelling of dangerous prepara-
tions, as last amended by Council
Directive 90/492/EEC, define and
lay down a system of specific
information on dangerous substances
and preparations, in the form of
safety data sheets, principally
intended for industrial users to
enable them to take the measures
necessary to ensure the protection
of the safety and health of
workers;
Whereas Council Directive 92/58/EEC
of 24 June 1992 on the minimum
requirements for the provision of
safety and/or health signs at work
establishes a system for marking
containers and pipes used for
dangerous substances or
preparations at work;
Whereas Council Directive
82/501/EEC of 24 July 1982, on the
major-accident hazards of certain
industrial activities has as its
objective the limitation of the
consequences of such accidents to
man and the environment and to
ensure high levels of protection
against such accidents and their
consequences throughout the
Community;
Whereas, in order to complete the
 information available to workers so
as to ensure an improved level of
protection, it is necessary that
workers and their representatives
be informed about the risks which
chemical agents can pose for their
                                                  -Page 3-
 ---pagebreak--- Proposal of the Commission
(OJ C 165 of 16.6.93)
PREVIOUS TEXT                       AMENDED TEXT
safety and health and about the
measures necessary to reduce or
eliminate those risks and that they
should be in a position to check
that the necessary protective
measures are taken;
Whereas employers must keep abreast
of new developments in technology
with a view to improving the
protection of worker's safety and
health, and assess on a regular
basis the implications for the
safety and health of workers;
Whereas, although in some cases
scientific knowledge may not be
such that a level of exposure to a
chemical agent can be established
below which risks to health cease
to exist, a reduction in exposure
to chemicals agents will none the
less reduce these risks;
Whereas Commission Directive
91/322/EEC of 29 May 1991,
establishes indicative limit values
as provided for by Council
Directive 80/1107/EEC on the
protection of workers from the
risks relating to chemical,
physical and biological agents at
work and whereas the former
Directive should be maintained as
part of the current framework;
                                    Whereas the requirements of
                                    Directive 88/642/EEC are repealed
                                    by the provisions of Article 14 of
                                    this Directive, and whereas the
                                    reference method in Annex lia of
                                    Directive 88/642/EEC and in
                                    particular paragraphs 3 and 4
                                    thereof, identifies a procedure for
                                    carrying out measurements of a
                                    concentration of a chemical agent
                                    in the air at the workplace the two
                                    above-mentioned paragraphs are to
                                    be retained in this Directive and
                                    whereas these methods shall be
                                    reviewed within 5 years taking
                                    account of modern standards for the
                                    general requirements for the
                                    performance of measuring procedures
                                    and devices for workplace
                                    measurements;
Whereas technical implementing
measures for the application of
this Directive should be entrusted
to the Commission in close co-
operation with the Member States
using the procedure provided in
Article 13;
                                                                    -Page 4-
 ---pagebreak--- Proposal of the Commission
(OJ C 165 of 16.6.93)
PREVIOUS TEXT                      AMENDED TEXT
Whereas this Directive is a
practical contribution towards
creating the social dimension of
the internal market.
HAS ADOPTED THIS DIRECTIVE :
SECTION I
GENERAL PROVISIONS
Article 1
Subject
1. This Directive, which is the
   individual Directive within the
   meaning of Article 16 of
   Directive 89/391/EEC, lays down
   minimum requirements for the
   protection of workers against
   risks to their health and
   safety arising, or likely to
   arise, from the effects of
   chemical agents that are
   present at the workplace or as
   a result of any work activity
   involving chemical agents.
2. The requirements of this
   Directive apply to all chemical
   agents at work, without
   prejudice to other Community
   provisions under Directive
   82/501/EEC, as amended, on the
   major accident hazards of
   certain industrial activities
   and the provisions for
   chemical agents to which
   measures for radiation
   protection apply pursuant to
   Directives adopted under the
   Treaty establishing the
   European Atomic Energy
   Community.
   For carcinogens at work the
   provisions of Directive
   90/394/EEC apply where these
   are more favourable to the
   safety and health of workers at
   work.
4. The provisions of Directive
   89/391/EEC shall apply fully to
                                                -Page 5-
 ---pagebreak--- Proposal of the Commission
(OJ C 165 of 16.6.93)
PREVIOUS TEXT                       AMENDED TEXT
   the whole area referred to in
   paragraph 1, without prejudice
   to more stringent and/or speci-
   fic provisions contained in
   this Directive.
5. The competent authorities shall
   regularly check if employers
   have taken the appropriate
   measures to protect the health
   and safety of workers at work
   and review the risk assessment
   pursuant to Article 3(2).
Article 2
Definitions
For the purpose of this Directive,
the terms used shall have the
following meanings:
(a)  "Chemical agent" means any
     chemical element or compound,
     on its own or admixed as it
     occurs in the natural state
     or as produced by any work
     activity, whether or not pro-
     duced intentionally and
     whether or not placed on the
     market;
(b)  "Activity involving chemical
     agents" means any work in
     which chemical agents are
     used, or are intended to be
     used, in any process,
     including production,
     handling, storage, transport
     or disposal and treatment, or
     which result from such work.
(c)  "Occupational exposure level"  (c)  "Occupational exposure limit"
     means, unless otherwise             means, unless otherwise
     specified , the concentration       specified in this Directive,
     of a chemical agent at the          the concentration of a
     workplace in the air within         chemical agent at the
     the breathing zone of a             workplace in the air within
     worker and includes "limit          the breathing zone of a worker
     value" and " occupational           and includes "limit value" and
     guidance value";                    "occupational guidance value";
(d)  "Biological limit value" means
     the limit of concentration in
     the appropriate biological
     medium, of the relevant agent,
     its metabolite, or an
     indicator of effect;
(e)  "Hazard" means the intrinsic
                                                                   -Page 6-
 ---pagebreak--- Proposal of the Commission
(OJ C 165 of 16.6.93)
PREVIOUS TEXT                        AMENDED TEXT
      property of a chemical agent
      with the potential to cause
      harm;
(f)   "Risk" means the likelihood
      that the potential for harm
      will be attained under the
      conditions of use and/or
      exposure;
(g)   "Competent person" means any
      person who has the necessary
      knowledge, experience,
      practical ability and skills
      to perform the task in
      question;
(h)   "Waste" means any chemical
      agent remaining after a
      process, or any object or
      material contaminated by a
      chemical agent, which is
      intended for disposal;
(i)    "Health surveillance" means
      the assessment of an
      individual worker to determine
      the state of health of this
      individual.
SECTION II
PROVISIONS ADDRESSED TO EMPLOYERS
Article 3
General obligations
1.    To safeguard the safety and         ip safeguard .the safety :and
      health of workers the employer      health of workers the employer
      shall take the necessary            thai l talea tb« aeceaaary. ;
      measures including the              prevent!?* measure» a«t ;oui la
      assignation of specific duties      Article 0(11 and til) of:
                                          Directive 89/391/SEC to ensure
      to a competent person to            that for activities involving
      ensure that for activities          çhemic&l.agents s
       involving chemical agents:
    a)    workers can perform the
          work assigned to them
          without endangering their
          safety and health and/or
          those of other workers;
    b)    the operation of
          workplaces when workers
          are present takes place
          under the responsibility
          of a person in charge;
                                                                        -Page 7-
 ---pagebreak--- Proposal of the Commission
(OJ C 165 of 16.6.93)
PREVIOUS TEXT                       AMENDED TEXT
   c)    work involving a special   c) work is entrusted only to
         risk is entrusted only to     competent staff and carried out
         competent staff and           in accordance with the
         carried out in accordance     instructions given;
         with the instructions
         given;
   d)    effective arrangements are    d)   effective arrangements are
         made to deal with                  made to deal with
         accidents and emergencies,         incidents,aceidents and
         including any relevant             emergencies, including any
         safety drills which are to         relevant safety drills
         be performed at regular            which are to be performed
         intervals;                         at regular intervals;
   e)    all safety and health
         instructions are
         comprehensible to the
         workers concerned;
   f)    appropriate first aid         f)   appropriate first aid
         facilities are provided.           facilities and appropria-
                                            tely trained personnel are
                                            provided.
   The employer shall be in
   possession of an assessment of
   the risks concerning safety and
   health drawn up in a Document,
   hereinafter referred to as the
   "safety and health document",
   which shall be kept up-to-date.
   The safety and health document      The safety and health document
   shall identify any risk at work     shall identify any risk at work
   and record in particular:           arising from the intrinsic
                                       properties of the agents, alone
                                       or in combination, the level of
                                       exposure and the circumstance
                                       of work involving chemical
                                       agents and record in
                                       particular:
   - an assessment of the risks
      incurred by the workers in
      any activity involving
      chemical agents, and that
      a competent person has
      carried out this
      assessment; where a
      chemical agent has been
      subject to a specific
      evaluation concerning the
      risks for its users as
      part of a process of
      authorization for placing
      on the market, the risk
      assessment shall take into
                                                                    -Page 8-
 ---pagebreak--- Proposal of the Commission
(OJ C 165 of 16.6.93)
PREVIOUS TEXT                      AMENDED TEXT
     account the results of
     that evaluation;
   - that adequate measures           - which measures have been
     will be taken to attain            taken to attain the aim of
     the aim of the Directive           this Directive.
     and in particular any
     precautionary measures to
     protect the health and
     safety of workers provided
     for in other Community
     legislation;
   - that the design, use and         - that the work systems
     maintenance of the                 deployed the design and
     workplace and of the               maintenance of the
     equipment involving                workplace and of the
     chemical agents are safe;          equipment involving
                                        chemical agents are safe;
   -that an up-to-date list
     has been made of the
     chemicals used, or
     intended to be used at
     work.
   The safety and health document
   must be drawn up prior to the
   commencement of work and shall
   be kept up-to-date in
   particular if there have been
   major changes which could
   render it out-of-date.
   The employer shall ensure that
   the workers are informed of the
   contents of the safety and
   health document whenever a
   major alteration at the
   workplace leads to a change in
   the document.
   The employer shall ensure that  3. The employer shall ensure that
   the risk from a chemical agent     the risk from a chemical agent
   to the safety and health of        to the safety and health of
   workers at work is eliminated      workers at work is eliminated
   or reduced in particular by        or reduced in particular by
   eliminating the risk at source     eliminating the risk at source
   or by seeking to achieve the       or by seeking to achieve the
   maximum degree of reduction of     maximum degree of reduction of
   risk by collective protection      risk by collective protection
   measures in particular cleaner     measures in particular cleaner
   technologies and the state of      technologies and other
   art and technology, in prefer-     organisational and technical
   ence to individual protection      measures as they become
   measures.                          available, in preference to
                                      individual protection measures.
                                                                   -Page 9-
 ---pagebreak--- Proposal of the Commission
(OJ C 165 of 16.6.93)
PREVIOUS TEXT                      AMENDED TEXT
4. For certain special activities
   within the undertaking or
   establishment, such as
   maintenance, in respect of
   which it is foreseeable that
   there is a potential for sig-
   nificant exposure, or which may
   result in deleterious effects
   on safety and health for other
   reasons, even after all
   technical measures have been
   taken, the employer shall
   determine, after consultation
   of the workers or their
   representatives in the
   undertaking or establishment,
   the measures necessary to
   reduce the duration of workers'
   exposure to the minimum
   possible and to ensure
   protection of workers while
   they are engaged in such
   activities.
   The employer shall ensure that
   these activities take place
   only in areas that are clearly
   demarcated and indicated, or
   that persons not specifically
   authorised are prevented by
   other means from having access
   to such areas.
   The measures taken by the
   employer to meet the
   requirements of this Directive
   shall be consistent with the
   need to protect public health
   and the environment
Article 4
Specific protection and prevention
measures
The employer shall take measures   The employer shall take measures
appropriate to the nature of the   appropriate to the nature of the
risk :                             risk in the workplace:
                                      to provide suitable protective
                                      equipment and facilities for
                                      use by workers;
                                      to provide training and safe
                                      working procedures;
-  to provide suitable and safe
                                                                   -Page 10-
 ---pagebreak--- Proposal of the Commission
(OJ C 165 of 16.6.93)
PREVIOUS TEXT                      AMENDED TEXT
   plant and process equipment;
-  to limit the quantity of a         to limit and confine the
   hazardous chemical agent at the    quantity of a hazardous
   workplace and to segregate         chemical agent at the workplace
   incompatible chemical agents;      to that essential to the nature
                                      of the process and to segregate
                                      incompatible chemical agents
                                      whose incompatibility presents
                                      a risk to health and safety;
   to avoid, detect and combat the    to avoid, detect and combat the
   starting and spread of fires       starting and spread of fires
   and explosions, and                and loss of containment, and
   to prevent the occurrence of
   explosive and/or hazardous
   atmospheres.
Article 5
Communication, warning and alarm
systems
The employer shall take the        The employer shall take the
measures necessary to provide the  measures necessary to provide the
warning and other communication    warning and other communication
systems required to signal an      systems required to signal an
increased risk to safety and       increased risk to safety and
health, to enable assistance,      health, to enable an appropriate
escape and rescue operations to be response and to launch remedial
launched immediately if the need   actions, assistance, escape and
arises.                            rescue operations immediately if
                                   the need arises.
Article 6
Keeping workers informed
1. Without prejudice to Article 10
   of Directive 89/391/EEC workers
   and/or their representatives
   shall be provided with:
   - information on chemical
     agents, as referred to in
     paragraph 9 of the Annex,
     in a comprehensible form
     and adapted to the needs
     of the individual worker;
   - information on appropriate         information on appropriate
     Erecautions and actions to
      e taken in order to safe-
     guard himself and other
                                        precautions and actions to
                                        be taken in order to
                                        safeguard him/herself and
     workers at the workplace;          other workers at the
                                                                   -Page 11-
 ---pagebreak--- Proposal of the Commission
(OJ C 165 of 16.6.93)
PREVIOUS TEXT                                               AMENDED TEXT
                                                                 workplace;
    - written information where                                  written information where
         the assessment carried out                              the assessment carried out
         pursuant to Article 3.2                                 pursuant to Article 3.2
         shows it to be necessary                                shows such information to
         and which is kept up-to-                                be necessary and which is
         date.                                                   kept up-to-date.
    The employer shall ensure that                             The employer shall ensure that
    containers used for chemical                               containers used for chemical
    agents at work are provided                                agents at work are provided
    with safety signs or are marked                            with safety signs or are marked
    with the identity and the                                  with the identity and the
    nature of the contents and                                 nature of the contents and
    their hazards. Where a safety                              their hazards or else are
    data sheet has not been                                    clearly identifiable with
    provided at the time of supply                             regard to their nature and
    the employer shall obtain the                              hazards.Where a safety data
    relevant information from the                              sheet has not been provided at
    supplier or other sources, and                             the time of supply the employer
    shall not use the chemical                                 shall obtain the relevant
    agent until such information                               information from the supplier
    has been obtained and made                                 or other sources, and shall not
    available to workers.                                      use the chemical agent until
                                                               such information has been
                                                               obtained and made available to
                                                               workers.
SECTION III
MISCELLANEOUS PROVISIONS
Article 7
Prohibitions
    The production, manufacture or
    use at work of chemical agents
    and work activities set out
    below are prohibited to the
    extent specified. The
    prohibition does not apply if
    the chemical agent is present
     in another chemical agent, or
    as a constituent of waste,
    provided that its individual
    concentration therein is less
    than the limit specified.
                                              Concentration
    z.:nta No(')   CAS NoC)   Name of agent      limit (or
                                                exemption
  ::2-080-4         91-59-8 2-naphthylamine   0,1 % w/w
                            and its salts
  ::z-i77-i         92-67-1 4-armnodi-        0,1 °/o w/w
                            phenyl and iu
                            salts
  :::-199-!      !  92-87-5 Benzidine and     0,1 °/o w/w
                            iu salts
  :::-204-7         92-93-3 4-nitrodiphenvt 1 0,1 °/c w/w
                                                                                            -Page 12-
 ---pagebreak--- Proposal of the Commission
(OJ C 165 of 16.6.93)
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(1) EINECS : European Inventory of
Existing Chemical Substances
(2) CAS : Chemical Abstract Service
2. An application from an employer
   Member States may grant
    specific derogations from the
    requirements of paragraph 1 in
    the following circumstances:
      for the sole purpose of
      scientific research and
      testing, including
      analysis;
      for work activities
      intended to eliminate the
      prohibited chemical
      agents;
      provided that the
      production or use is
      carried out in a closed
      system and that the
      chemical agent no longer
      remains at the end of the
      process.
3. Amendments required with regard
    to the chemical agents and work
    activities already covered by
    this Article shall be
    determined and adopted, in
    accordance with the procedure
    referred to in Article 13.
Article 8
Occupational exposure levels        Occupational exposure limits and
                                    biological limit values
1. Occupational exposure levels      1. Occupational exposure limits,
    shall be drawn up taking            drawn up at Community level
    account of available informa-       after an evaluation of the
    tion, including scientific and      latest available scientific
    technical data in accordance        data relevant to occupational
    with the procedure referred to      health effects and on measuring
    in Article 13.                      aspects, shall be established
                                        or revised after consultation
                                        of the Advisory Committee on
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(OJ C 165 of 16.6.93)
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                                      Safety, Hygiene and Health
                                      Protection at Work, in
                                      accordance with the procedure
                                      laid down in Article 13. For
                                      the purpose of this Directive
                                      these occupational exposure
                                      limits shall be referred to as
                                      "occupational guidance values".
2. For any chemical agent for         DELETED
   which a limit value is listed
   in the Anne (paragraph 10),
   Member States shall establish a
   corresponding occupational
   exposure level which shall not
   be exceeded.
3. Occupational exposure levels    2. Occupational exposure limits
   established as indicative limit    established as indicative limit
   values by Directive 91/322/EEC     values by Directive 91/322/EEC
   shall be considered as             shall be considered as
   occupational guidance values       occupational guidance values
   for the purpose of this            for the purpose of this
   Directive.                         Directive.
4. Member States shall take into   3. Member States shall take into
   account occupational guidance      account occupational guidance
   values when setting                values when setting national
   occupational exposure levels on    occupational exposure limits.
   their own territories.             They shall inform workers' and
                                      employers' organisations of
                                      occupational guidance values.
                                      In cooperation with these
                                      organisations Member States
                                      shall establish the time scale
                                      required to bring national
                                      occupational exposure limits
                                      into line with occupational
                                      guidance values.
                                   4. Occupational exposure limits,
                                      drawn up at Community level
                                      after an evaluation of the
                                      latest available scientific
                                      data relevant to occupational
                                      health effects and on measuring
                                      aspects and taking account of
                                      technical and feasibility
                                      factors whilst maintaining the
                                      aims of ensuring the health and
                                      safety of workers at work,
                                      shall be established or revised
                                      after consultation of the
                                      Advisory Committee on Safety,
                                      Hygiene and Health Protection
                                      at Work, in accordance with the
                                      procedure laid down in Article
                                      118A of the Treaty. For the
                                      purpose of this Directive,
                                      these occupational exposure
                                      limits shall be referred to as
                                      "limit values".
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                                    5. For any chemical agent for
                                       which a limit value is
                                       established, Member States
                                       shall set up a corresponding
                                       national occupational exposure
                                       limit based on, but not
                                       exceeding, the Community
                                       minimum requirement.
                                    6. The Commission shall review
                                       each occupational guidance
                                       value within a period of 5
                                       years from the date of its
                                       adoption with à view either to
                                       proposing a limit value or to
                                       maintaining its status.
                                    7. Biological limit values shall
                                       take account of available
                                       information including
                                       scientific and technical data
                                       and shall be established after
                                       consultation of the Advisory
                                       Committee on Safety, Hygiene
                                       and Health Protection at Work,
                                       in accordance with the
                                       procedure laid down in Article
                                       118Â of the Treaty.
                                    8. For any chemical agent for
                                       which a biological limit value
                                       is established, Member States
                                       shall set up a corresponding
                                       national biological limit value
                                       based oh, but not exceeding,
                                       the Community minimum
                                       requirement.
5. When a Member State introduces   9. Where a Member State introduces
   or revises an occupational          or revises a national
   exposure level for a chemical       occupational exposure limit or
   agent, on the basis of new          a biological limit value for a
   data, it shall inform the           chemical agent, on the basis of
   Commission and the other Member     new data, it shall inform the
   States thereof together with        Commission and other Member
   the relevant scientific and         States thereof together with
   technical data.                     the relevant scientific and
                                       technical data.
Article 9
Health Surveillance
Member States shall establish
arrangements to ensure that workers
receive health Surveillance
appropriate to the safety and
health risks they incur at work, in
accordance with Article 14 of
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Directive 89/391/EEC.
Article 10
Consultation and Participation of
workers
Consultation and participation of
workers and/or their
representatives shall take place in
accordance with Article 11 of
Directive 89/391/EEC on the matters
covered by this Directive. In
particular the employer shall make
arrangements to facilitate the
participation of workers and/or
their representatives in appraising
their workplace and in the
establishment of the precautions to
be adopted when it is found that an
occupational exposure level or
biological limit value is exceeded.
Article 11
Minimum requirements for health and
safety
1. A new activity involving
   chemical agents for the first
   time after the date on which
   this Directive is brought into
   effect as referred to in
   Article 15, must satisfy the
   minimum safety and health
   requirements laid down in the
   Annex.
   An activity involving chemical      An existing activity involving
   agents existing on the date on      chemical agents on the date on
   which this Directive is brought     which this Directive is brought
   into effect as referred to in       into effect as referred to in
   Article 15, must satisfy the        Article 15, must satisfy the
   minimum safety and health           minimum safety and health
   requirements laid down in the       requirements laid down in the
   Anne as soon as possible and at     Anne as soon as possible and at
   the latest five years after         the latest five years after
   that date.                          that date.
Article 12
Adjustments to the Annex            Adjustments to the Annex and
                                    practical implementation
1. Technical adjustments to the
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   Anne in line with :
   - the adoption of Directives
     in the field of technical
     harmonisation and
     standardisation concerning
     chemical agents,
   and/or
   - technical progress,
     changes in international
     regulations or
     specifications and new
     findings concerning
     chemical agents,
   shall be adopted in accordance
   with the procedure laid down in
   Article 13.
2. Detailed rules on technical     2. Detailed rules on technical
   guidance for the implementation    guidance for practical aspects
   of the provisions contained in     of the implementation of the
   this Directive shall be adopted    provisions contained in this
   in accordance with the             Directive shall be adopted,
   procedure referred to in           after consultation of the
   Article 13.                        social partners, in accordance
                                      with the procedure referred to
                                      in Article 13.
                                      The provisions in point 12 of
                                      the Annex shall be reviewed in
                                      the light of technical progress
                                      within five years of adoption
                                      of this Directive.
Article 13
Committee
1. The Commission shall be
   assisted by the committee
   created in Article 17(1) of
   Directive 89/391/EEC.
2. Where reference is made to the
   procedure laid down in this
   Article the matter shall be
   referred to the Committee by
   the chairman either on his own
   initiative or at the request of
   the representative of a Member
   State.
   The representative of the
   Commission shall submit to the
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   committee a draft of the
   measures to be taken. The
   committee shall deliver its
   opinion on the draft within a
   time limit which the chairman
   may lay down according to the
   urgency of the matter. The
   opinion shall be delivered by
   the majority laid down in
   Article 148(2) of the Treaty in
   the case of decisions which the
   Council is required to adopt on
   a proposal from the Commission.
   The votes of the repre-
   sentatives of the Member States
   within the committee shall be
   weighted in the manner set out
   in that Article. The chairman
   shall not vote.
   The Commission shall adopt the
   measures envisaged if they are
   in accordance with the opinion
   of the committee.
   If the measures envisaged are
   not in accordance with the
   opinion of the committee, or if
   no opinion is delivered, the
   Commission shall, without
   delay, submit to the Council a
   proposal relating to the
   measures to be taken. The
   Council shall act by a
   qualified majority.
   If, on the expiry of three
   months from the date of the
   referral to the Council, the
   Council has not acted, the
   proposed measures shall be
   adopted by the Commission.
Article 14
Revocation
   The following Directives shall
   be repealed on the date this
   Directive comes into force :
   - Directive 80/1107/EEC, as
     amended by Directive
     88/642/EEC, on the protec-
     tion of workers from the
     risks related to exposure
     to chemical, physical and
     biological agents at work;
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     Directive 82/605/EEC on
     the protection of workers
     from the risks related to
     exposure to metallic lead
     and its ionic compounds at
     work;
     Directive 88/364/EEC on
     the protection of workers
     by the banning of certain
     specified agents and/or
     certain work activities.
2. The reference in :
   - Article 15(1) of Directive
     83/477/EEC and Article
     1(5) of Directive
     91/382/EEC amending
     Directive 83/477/EEC on
     the protection of workers
     from the risks related to
     exposure to asbestos at
     work;
   - Article 12(2) of Directive
     86/188/EEC on the
     protection of workers from
     the risks related to
     exposure to noise at work;
   to the procedure set out in
   Article 10 of Directive
   80/1107/EEC shall be construed
   as a reference to the procedure
   laid down in Article 13.
3. Any other reference in
   - Directive 83/477/EEC, as
     amended by Directive
     91/382/EEC, on the protec-
     tion of workers from the
     risks related to exposure
     to asbestos at work;
     Directive 86/188/EEC on
     the protection of workers
     from the risks related to
     exposure to noise at work;
     Directive 91/322/EEC on
     establishing indicative
     limit values by implement-
     ing Council Directive
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     80/1107/EEC on the
     protection of workers from
     the risks related to expo-
     sure to chemical, physical
     and biological agents at
     work;
   to Directive 80/1107/EEC, as
   amended by Directive
   88/642/EEC, is obsolete.
Article 15
Final provisions
   Member States shall bring into
   force the laws, regulations and
   administrative provisions
   necessary to comply with this
   Directive not later than 30th
   June 1996. They shall forth-
   with inform the Commission
   thereof.
2. When Member States adopt the
   provisions referred to in
   paragraph 1, these shall con-
   tain a reference to this
   Directive or shall be
   accompanied by such reference
   at the time of their official
   publication. The procedure for
   such reference shall be adopted
   by Member States.
3. The Member States shall
   communicate to the Commission
   the texts of the provisions of
   national law which they have
   already adopted or which they
   adopt in the field governed by
   this Directive.
4. Member States shall report to
   the Commission every five years
   on the practical implementation
   of this Directive, indicating
   the views of employers and
   workers.
   The Commission shall inform the
   European Parliament, the
   Council and the Economic and
   Social Committee thereof.
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Article 16
This Directive is addressed to the
Member States.
    ANNEX
 Minimum Safety and Health
 Requirements as referred to in
 Article 11 of the Directive
1. Preliminary note :
   The obligations laid down in
   this Annex apply whenever
   required by the features of
   the workplace, the activity,
   the circumstances or a
   specific risk.
2. Supervisory obligations
 2.1 Person in charge
     A responsible and competent
     person who has been appointed
     by the employer in accordance
     with the national laws and/or
     practices must at all times
     be in charge of every
     workplace where chemical
     agents and workers are
     present.
     The employer may personally
     assume responsibility for the
     workplace referred to in the
     first paragraph, if he has
     the skills and competence
     required for the purpose in
     accordance with national laws
     and/or practices.
 2.2 Supervision
     To ensure workers' health and
     safety protection during all
     operations undertaken, the
     necessary supervision must be
     provided by competent persons
     having the necessary knowl-
     edge, experience and skills
     for the purpose, in accord-
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     ance with national laws
     and/or practices, having been
     appointed by the employer and
     acting on his behalf.
     The employer may personally
     undertake the supervision
     referred to in the first
     paragraph if he has the
     skills and competence
     required for the purpose, in
     accordance with national laws
     and/or practices.
 3.  Protective measures
 3.1 Measures must be taken for     3.1 Measures must be taken for
     assessing the presence of          assessing the presence of
     harmful and/or potentially         harmful and/or potentially
     explosive substances in the        explosive substances in the
     atmosphere and for measuring       atmosphere and for measuring
     the concentration of such          and recording the concentra-
     substances.                        tion of such substances.
     Where required by the safety       Where required by the safety
     and health document                and health document
     monitoring devices measuring       appropriate monitoring and
     gas concentrations at              safety devices capable when
     specified places automati-         necessary of shutting down
     cally and continuously, auto-      production must be provided.
     matic alarms and devices to
     cut off power automatically
     from electrical installations
     and internal combustion
     engines must be provided.
     Where automatic measurements
     are provided for, the values
     measured must be recorded and
     kept as stipulated in the
     health and safety document.
 3.2 The employer shall ensure
     that any chemical agent which
     meets the requirements to be
     classified, according to the
     criteria in Annex VI of
     Directive 67/548/EEC, as a
     category 1 or 2 carcinogen,
     mutagen or chemical agent
     toxic to reproduction, is as
     far as is technically
     possible, eliminated or
     replaced by a chemical agent
     or process which under its
     conditions of use is not
     dangerous, or is less
     dangerous, to workers' health
     and safety, as the case may
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     be. Where it is not
     technically possible to
     replace the chemical agent by
     an agent or a process which
     is not dangerous or is less
     dangerous to workers' health
     and safety the employer shall
     reduce risk, giving prefer-
     ence to the manufacture and
     use of the chemical agent in
     a closed system.
 3.3 The employer shall ensure
     that exposure of workers to <
     chemical agent at work does
     not exceed the limit value
     set for that chemical agent
     using the procedure referred
     to in Article 8.
 3.4 In cases where exposure        3.4 In cases where exposure
     occurs simultaneously to more      occurs simultaneously to more
     than one chemical agent for        than one chemical agent for
     which limit values have been       which occupational exposure
     set, the effects of exposure       limits have been set, the
     shall be considered as             effects of exposure shall be
     additive, unless a more            considered as additive,
     precise evaluation of their        unless a more precise
     combined effect is known.          evaluation of their combined
                                        effect is known.
 3.5 The employer shall carry out
     such periodic measurements of
     chemical agents at the
     workplace as are necessary in
     particular in relation to
     limit values, unless by other
     means the employer clearly
     demonstrates that adequate
     protection has been achieved.
     Any measurements shall be
     made by a competent person,
     using a valid technique.
 3.6 The measurements shall be
     carried out in such a way as
     to ensure that the result is
     representative of the
     exposure of the worker to the
     agent or agents in question.
 4.  Protection from abnormal
     risks
 4.1 In order to protect the
     health and safety of workers
     from an incident, accident or
     emergency which is likely to
     result in abnormal conditions
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       detrimental to the health and
       safety of workers, the
       employer shall establish
       procedures (action plans)
       which can be put into effect
       when any such event occurs,
       so that appropriate action is
       taken.
  4.2 In case of the occurrence of
       such an event the employer
       shall immediately inform the
       workers thereof. Until the
       situation has been restored
       to normal and the cause of
       the abnormal conditions have
       been eliminated:
          the employer shall identify
          the cause without delay and
          implement appropriate
          measures to remedy the
          situation as soon as
          possible;
          only those workers who are
          essential to the carrying
          out of repairs and other
          necessary work shall be
          permitted to work in the
          affected area.
   4.3 The workers who are permitted
       to work in the affected area
        shall be provided with
       appropriate protective
        clothing, personal protective
       equipment, specialised safety
       equipment and plant which
       they must use so long as the
        situation persists; that
        situation shall not be
       permanent. Unprotected per-
        sons shall not be allowed to
        remain in the affected area.
! 4.4.1 Where harmful substances
          accumulate or may
          accumulate in the atmos-
          phere appropriate measures
          must be taken to ensure
          their collection at source
          and removal.
          Without prejudice to
          provisions for the
          protection of public health
          and the environment the
          system must be capable of
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       dispersing such hazardous
       atmospheres in such a way
       that workers are not at
       risk.
 4.4.2 Without prejudice to
       Directive 89/656/EEC, an
       appropriate and sufficient
       breathing and resuscitation
       equipment must be available
       in areas where workers may
       be exposed to atmospheres
       which are harmful to
       health.
       In such cases, a sufficient
       number of workers trained
       to use such equipment must
       be present at the
       workplace.
       The equipment must be
       suitably stored and
       maintained.
 4.4.3 Where toxic gases are or     4.4.3 Where toxic chemical agents
       may be present in the              are or may be present in
       atmosphere, a protection           the atmosphere and the risk
       plan detailing the                 assessment indicates it to
       protective equipment               be necessary a protection
       available and the                  plan detailing the
       preventive measures taken          protective equipment
       must be kept and made              available and the
       available to the competent         preventive measures taken
       authorities.                       must be kept and made
                                          available to the competent
                                          authorities.
 4.5 The employer shall ensure
     that information on emergency
     arrangements involving
     chemical agents is made
     available on request to the
     relevant internal and
     external accident and
     emergency services. It shall
     include the following:
       advance notice of relevant
       work hazards, hazard
       identification arrange-
       ments, precautions, and
       procedures so that the
       emergency services can
       prepare their own response
       procedures and
       precautionary measures; and
     - any available information
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       concerning specific hazards
       arising, or likely to
       arise, at the time of an
       accident or emergency,
       including information on
       procedures prepared
       pursuant to paragraph 4.1
       above.
 5.  Derogation information
 5.1 When making an application
     for a derogation from a
     prohibition or restriction
     pursuant to Article 7(2), an
     employer shall submit the
     following information to the
     competent authority :
                                          the reason for requesting
                                          the derogation.
       the quantities to be used
       annually;
       the activities or reactions
       or processes to be carried
       out;
       the number of workers
       liable to be exposed;
       the precautions envisaged
       to protect the health and
       safety of workers con-
       cerned.
       the technical and
       organisational measures to
       be taken to prevent the
       exposure of workers.
 6.  Safety equipment maintenance
     Adequate safety equipment
     must be maintained ready for
     use and in good working order
     at all times.
     Maintenance must be
     undertaken with due regard to
     operations.
                                        Staff required to use safety
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                                        equipment must be trained and
                                        drilled in its use.
 7.  Special health surveillance
     measures
     The employer shall ensure
     that any worker exposed to
       a chemical known to cause
       sensitisation;
       the following chemical
       agents:
       Arsenic and its compounds;
       Beryllium;
       Cadmium and its compounds;
       Carbon disulphide;
       Chromâtes (Cr6+);
       Cobalt;
       Lead and its compounds;
       Mercury and its compounds;
       Organophosphoric esters;
       Tetrachloroethane;
     shall, if he so wishes,
     undergo health surveillance.
                                        Where the assessment carried
                                        out pursuant to Article 3.2.
                                        indicates a serious risk for
                                        the worker health
                                        surveillance shall be
                                        mandatory. Workers shall be
                                        informed of this requirement
                                        before being assigned to the
                                        task involving such a risk.
     Where biological monitoring
     is carried out it shall form
     part of health surveillance.
     Where indicated by the nature
     of the risk, biological moni-
     toring shall be used to
     reveal pre-clinical effects
     on the health status of
     workers in order to permit
     intervention to prevent
     clinical deterioration. The
     result of biological
     monitoring shall not be used
     to discriminate against the
     worker.
     Biological limit values and
     related requirements are to
     be observed as part of health
     surveillance.
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     Where, as a result of health
     surveillance, a worker is
     found to be suffering from an
     abnormality which is
     considered to be the result
     of exposure to a chemical
     agent, the employer shall:
       review the safety and
       health document, prepared
       pursuant to Article 3;
       take into account the
       advice of the doctor or
       medical authority and
       implement specific measures
       to eliminate or reduce
       exposure, including the
       possibility of assigning
       the worker to alternative
       work with a lesser risk of
       exposure;
       arrange continued health
       surveillance and provide
       for a review of the health
       status of any other worker
       who has been similarly
       exposed. In such cases the
       competent doctor or medical
       authority may propose that
       exposed persons undergo a
       medical examination.
     The doctor or medical
     authority shall inform the
     worker of the results of
     health surveillance which
     relate to him personally,
     including information and
     advice regarding any health
     surveillance which the worker
     should undergo following the
     end of exposure.
 8.  Record keeping
 8.1 The employer shall ensure
     that the safety and health
     document prepared pursuant to
     Article 3 contains sufficient
     detail about the information
     on which it is based and the
     risk assessment methods used
     for the competent authority
     to evaluate the assessment
     and the measures taken to
     eliminate or reduce any risk.
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    The safety and health document
    chall bo kept for at loact E
      ears flow the «idle or* which it
   .ï s made or revised ana shall ne
    marta avfi i 1 «hi « to wnrlmra or
    their represcntatiTCo and to
    Lhe vuupeLeuL authority uu
    recru est.
8.2    Member states shall establish   .6.2   Member '. 3tates shall establish.
       arrangements to ensure .that.          arrangements to ensure that
       for each worker who-undergoes          for each worker who undergoes,
       health surveillance in,                health surveillance in::
       accordance with the                    accordance with the
       requirement» of Article 9 an           requirements of Article 9 an
       individual health record is            individual;health and
       made and.kept up-to-date.              exposure record is made jnd
       The health record shall .con- .        kept up to date. The ;hcalth
       tain a summary of the results          and exposure record shall.
     • of health surveillance                 contain a summary of the
       carried o.ufc and of any .             recuite of.health '
       monitoring data                        surveillance, carried but : and
       representative of the                  of any monitoring data :
       exposure of the individual.         • -representative or the •'.
       It shall be kept,, taking into         exposure of the individual.
       account medical confidential-          It shall be kept, taking:into
       ity/ in accordance with            . ..account medical confidential-
       national laws and' practice.           ity, in accordance with :-
                                              national laws and practice
    The health records shall be            The health and exposure
    retained for at least.40 years         records shall be retained for
    from the date of the last              at least 40 years from the date
    entry. A copy shall be-'               bt the last entry. A copy;
    supplied to the competent '            shall be supplied to the
    medical authority on request.          competent medical authority on
    In accordance with national .          request. In accordance with .
    laws and practice the individ-         national- lavs and practice'th<?
    ual worker shall, at his                individual worker shall,:at his
    request, have access to the            request, have access to the
    health record relating to him          health and exposure record:
    personally.                            relating to him personally.
    in the' ease where an                   In the case where an
    undertaking coaees to trade,           undertaking ceases to •'rid©,
    the health records shall be            the health.and exposure records
    made available to the competent         Shall be made available to: the
    authority, in accordance with           competent authority, in r
    national laws and practice.             accordance with national: lavs
                                            and practice.
9. Information on chemical agents
9.1    The information on chemical
       agents to bo provided to the
       worker shall vnelude.the
       following :
                                                                            lit.
DG V/F
                                                                                 n
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       the identity of the agent
       or agents to which exposure
       may occur;
       risks to health and safety
       arising from the work
       activity or process or
       arising from possible
       exposure at the workplace;
       the precautions which the
       employer has undertaken in
       order to reduce risks,
       including information on
       containment facilities,
       safe storage and handling,
       transport and waste
       disposal within the
       enterprise;
       the precautions which the
       worker must take in order
       to reduce exposure,
       including use of personal
       protective equipment;
       relevant occupational
       exposure levels;
       the consequence of any
       foreseeable abnormal
       situation including over-
       exposure and action to be
       taken;
     - prepared action plans;
     - first aid measures;
     - fire fighting methods;
       action taken, or to be
       taken, in the case of a
       spillage or an incident,
       accident or emergency
       involving a chemical agent;
       any restrictions on use of
       agents or limitation of
       access to designated areas,
       including indications on
       how such areas may be
       recognised;
       up-to-date information
       giving the results of
       measurements of exposure.
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                                         Where a chemical agent is
                                         sufficiently identifiable at
                                         the workplace under its
                                         generic or proprietary name,
                                         the use of this latter name
                                         shall be allowed.
 9.2 The employer shall ensure
     'that containers and pipes for
      chemical agents at work are :
        in the case of chemical
        agents covered by the
        definition of dangerous
        substances or preparations
        in accordance with
        Directives 67/548/EEC and
        88/379/EEC as amended,
        provided with safety signs
        in accordance with Direc-
        tive 92/58/EEC.
        Information shall also be
         rovided either by
        fabelling on the container,
        or by other suitable means,
        on the contents and their
        hazards, the identity, and
        the risk and safety phrases
        in accordance with the
        criteria laid down in Annex
        VI of Directive 67/548/EEC
        and in Directive
        88/379/EEC;
        in the case of other
        chemical agents, marked or
        otherwise provided with an
        indication of the nature of
        the contents.
 9.3 The employer shall ensure
      that containers used for
      chemical agents which are
      labelled at the time of
      supply to the employer shall
      retain the label at the
      workplace while any hazard
      from the chemical agent
      remains.
                                         Smaller containers containing
                                         chemical agents transferred
                                         from a bulk supply also bear
                                         the necessary labels.
 9.4 The employer shall make
      available to workers, or
     workers' representatives, on
      request, any safety data
      sheet provided by the
      supplier in accordance with
                                                                   -Page 31-
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     Article 10 of Directive
     88/379/EEC and Article 27 of
     Directive 92/32/EEC or, where
     these
      a
             Directives do not
        PPly# with a data sheet of
      similar format and content
     containing relevant data.
 9.5 The competent authority shall
     ensure that employers may
     obtain information on
      chemical agents in order to
     protect the safety and health
     of workers at work.
 10. Limit Values and Biological
     Limit Values
 10.1    Limit Values (3) for
         occupational exposure
              . Metulic m ud i
 (1) EINECS: European Inventory of
     Existing Chemical Substances.
 (2) CAS: Chemical Abstract
      Service Number.
 (3) Measured or calculated in
      relation to a reference
     period of eight hours unless
      otherwise stated.
 (4) mg/m3 milligrams per cubic
     metre
 (5) ppm parts per million by
     volume in air (ml/m3)
 (6) at 20 C and 101,3 KPa (760 mm
     Mercury pressure)
 10.2    Biological Limit Values
      a)    Lead
         Biological monitoring
         shall, apart from the
         exception mentioned in
         point 11 b ) , include
         measuring the blood-lead
         level (PbB); the biological
         limit value is:
            70 Mg Pb/100 ml blood
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       The method to be used for
       the analysis is atomic
       absorption spectroscopy.
 11. Special Measures for Lead
   a) The biological monitoring
      may also include one or more
      of the following biological
      indicators:
      delta aminolaevulinic acid
      in urine (ALAU);
      zinc protoporphyrin (ZPP);
      delta aminolaevulinic acid
      dehydratase in blood (ALAD).
   The related methods to be used
   for the analysis of samples
   are:
      ALAU: Davis or equivalent
      method
      ZPP: Haematofluorimetry or
      equivalent method
      ALAD: European standardised
      method or equivalent method
   b) The lead in blood (PbB)
      measurement may be replaced
      by that of ALAU when dealing
      with workers who have been
      subjected for a period of
      less than one month to risks
      of high exposure. In this
      case the following limit
      values shall be applied for
      ALAU:
         20 mg/g creatinine
   c) Biological monitoring shall
      be carried out at least
      every six months; this fre-
      quency may be reduced to
      once a year where at the
      same time:
        - the results of the
          measurements for indivi-
          duals or for groups of
          workers have shown, on
          the previous two con-
          secutive occasions on
          which monitoring was
          carried out, a lead-in-
          air concentration higher
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         than 0,075 mg/m3 and
         lower than 0,1 mg/m3.
         the PbB level of any
         individual worker does
         not exceed 50 ug Pb/100
         ml blood.
                                  12.   Requirements for measuring
                                        procedures
                                        (a) The measuring procedure
                                            must give results
                                            representative of
                                            worker exposure.
                                        (b) To ascertain the
                                            exposure of the worker
                                            at the workplace, where
                                            possible personal
                                            sampling devices should
                                            be used, attached to
                                            workers' bodies.
                                            Where a group of
                                            workers is performing
                                            identical or similar
                                            tasks at the same place
                                            and has similar
                                            exposure, sampling such
                                            as to be representative
                                            of the group may be
                                            carried out within that
                                            group.
                                            Fixed-point measuring
                                            systems may be used if
                                            the results make it
                                            possible to assess
                                            exposure of the worker
                                            at the workplace.
                                            Samples should as far
                                            as possible be taken at
                                            breathing height and in
                                            the immediate vicinity
                                            of workers.
                                            If in doubt, the point
                                            of greatest risk is to
                                            be taken as the
                                            measuring point.
                                        (c) The measuring procedure
                                            used must be
                                            appropriate to the
                                            agent to be measured,
                                            its limit value and the
                                            workplace atmosphere.
                                            The result must show
                                            the concentration of
                                            the agent exactly and
                                            in the same terms as
                                            the limit value.
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(OJ C 16S of 16.6.93)
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                                  (d) If the measuring
                                       procedure is not
                                       specific to the agent
                                       to be measured, the
                                       full value recorded
                                       must be counted as
                                       applying to the agent
                                       to be measured.
                                  (e) The limits of
                                       detection, sensitivity
                                       and precision of the
                                       measuring procedure
                                       must be appropriate to
                                       the limit value.
                                  (f) The accuracy of the
                                       measuring procedure
                                       should be ensured.
                                  (g) The measuring procedure
                                       must have been tested
                                       under practical
                                       conditions of use.
                                  (h) If the European
                                       Committee for
                                       Standardization (CEN)
                                       publishes general
                                       requirements for the
                                       performance of
                                       measuring procedures
                                       and devices for
                                       workplace measurements
                                       together with
                                       provisions on testing,
                                       they should be referred
                                       to when selecting
                                       appropriate measuring
                                       procedures.
                                  Measurement specifications
                                  for detecting representative
                                  particle populations in the
                                  air at the workplace
                                   (a) Suspended matter
                                       concentration should be
                                       measured in relation to
                                       effect; therefore, when
                                       sampling, either the
                                       inspirable fraction or
                                       the respirable fraction
                                       should be measured.
                                       This requires particle
                                       separation according td
                                       aerodynamic diameter
                                       equivalent to the
                                       deposition occurring in
                                       breathing.
                                       Since, appropriate
                                       equipment for workplace
                                       sampling is not yet
                                       available, practical
                                       specifications for
                                       uniform measurement are
                                       needed.
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(OJ C 165 of 16.6.93)
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                                  (b) The fraction of
                                      suspended matter which
                                      can be breathed in by a
                                      worker through the
                                      mouth and/or the nose
                                      is deemed to be
                                      inspirable.
                                      By way of example, in
                                      measurement practice,
                                      devices with an
                                      inspiration rate of
                                      1,25 m/s +/- 10% or
                                      devices in conformity
                                      with ISO/TR 7708 1983
                                      (=e) are used for
                                      sampling.
                                      In the first of these
                                      two cases, cited by way
                                      of example:
                                      - with sampling devices
                                        attached to the
                                        person, the inlet
                                        should be directed
                                        parallel to the
                                        worker's face
                                        throughout sampling,
                                      - with fixed-point
                                        sampling, the
                                        position and shape of
                                        the inlet should
                                        enable samples
                                        representative of
                                        workers' exposure
                                        covering various
                                        directions of flow to
                                        be taken,
                                      - The position of the
                                        sampling device inlet
                                        is of little signi-
                                        ficance where there
                                        are very low flow
                                        rates for the
                                        surrounding air,
                                      - with surrounding flow
                                        rates of lm/s and
                                        above, omnidirectio-
                                        nal sampling in the
                                        horizontal plane is
                                        recommended,
                                  (c) The respirable fraction
                                      of suspended matter
                                      comprises a population
                                      passed through a sepa-
                                      ration system equiva-
                                      lent in its effect to
                                      the theoretical separa-
                                      tion function of a
                                      sedimentation separa-
                                      tor giving 50% separa-
                                      tion of particles with
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                                      an aerodynamic diameter
                                      of 5um (Johannesburg
                                      Convent ion, 1979).
                                  (d) If the CEN establishes
                                      specifications for the
                                      collection of suspended
                                      material at the work-
                                      place, they should be
                                      applied, by way of
                                      preference.
                                      Other methods may be
                                      used provided that they
                                      yield the same conclu-
                                      sions or a stricter
                                      conclusion in relation
                                      to compliance with the
                                      limit values'.
                                                           -Page 37-
 ---pagebreak---                                                                      KSN 0254-1475
                                                              COM(94) 230 final
                                                      DOCUMENTS
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                                                             ISBN 92-77-69576-5
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