CELEX: 51987PC0526
Language: en
Date: 1987-11-06
Title: Amended Proposal for a COUNCIL DIRECTIVE on the protection of workers from the risks related to exposure to benzene at work (Fifth individual Directive within the meaning of Article 8 of Directive 80/1107/EEC) (submitted by the Commission pursuant to Article 149(3) of the EEC Treaty)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 526
Vol. 1987/0264
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 concernant
l'ouverture au public des archives historiques de la Communauté économique européenne et de
la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, p. 1) modifié en dernier
lieu par le règlement (UE) 2015/496 du Conseil du 17 mars 2015 (JO L79 du 25. 3.2015, p. 1), ce
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
the opening to the public of the historical archives of the European Economic Community and the
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
1983 über die Freigabe der historischen Archive der Europäischen Wirtschaftsgemeinschaft und
der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S. 1), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
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2015/444 vom      13.   März 2015     über die   Sicherheitsvorschriften für den Schutz von  EU-
Verschlusssachen als herabgestuft angesehen.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                        COM(87 ) 526 final
                                                        Brussels , 6 November 1987
                              Amended Proposal for a
                                 COUNCIL DIRECTIVE
   on the protection of workers from the risks related to exposure to
                                  benzene at work
        ( Fifth individual Directive within the meaning of Article 8
                            of Directive 80 / 1107 / EEC )
           ( submitted by the Commission pursuant to Article 149(3)
                                of the EEC Treaty )
C0M(87 ) 526 final
 ---pagebreak---                           Explanatory memorandum
Re : Amended proposal for a Council Directive on the protection of
     workers  from the risks related to exposure to benzene at work
     ( Fifth individual Directive within the meaning of Article 8 of
     Directive 80/1107/EEC )
In view of the opinion expressed by the European Parliament at its
September 1987 part-session and the Commission 's decision to alter the
legal basis fo the above proposal from Article 100 to Article 118A of
the EEC Treaty , the proposal must be amended accordingly .
 ---pagebreak---      Attended ^cuoonl for a Co-.incil Directive on the protection of workers
                from the risks related to exposure to benzene at work
                    ( Fifth individual Directive within the meaning
                         of Article 8 of Directive 80/ 1107/EEC )
             ( submitted by the Commission pursuant to Article 149(3 )
                                  of the EEC Treaty )
          ORIGINAL PROPOSAL                                     AMENDED PROPOSAL
                                        Preamble
                                                Amend as follows :
THE    COUNCIL      OF    THE   EUROPEAN         THE       COUNCIL      OF   THE     EUROPEAN
CQMMUNITIES ,                                    CQMMUNITIES ,
Having     regard to ' the Treaty                Having         regard to the Treaty
establishing the European Economic               establishing the European Economic
Corrmunity ,      and    in particular           Cormunity ,         and in       particular
Article 100 thereof ,                           Article 118A thereof ,
Having    regard to the proposal from            Having regard to the proposal from
the Commission ,                                 the Commission ,
Having regard to the opinion of the              In coopération with the European
European Parliament ,                            Parliament ,
Having regard to the opinion of the              Having regard to the opinion of the
Economic and Social Committee ,                  Economic and Social Committee ,
                                        Recitais
                                                 New récital
                                                Add the following new first recital
                                                 Whereas        the    Council is to   adop ! ,
                                                 fm; .- rovemer.ts ,    especially Tn the
                                                 working environment , as re a. ids she
 ---pagebreak---                            former 1 st récital unchanged
                                      2nd récital
                                                Amend as follows :
Whereas     an   examination   of    the        Whereas     an     examination   of  the
measures taken by Member States       to        measures taken by Member States to
protect workers against the risks               protect workers against the risks
related to exposure to specified                related to exposure to specified
agents while at work             reveals        agents    while      at work     reveals
certain      differences ;     whereas ,        certain        differences ;    whereas ,
therefore ,    in    the interest of            therefore ,     in    the    interest of
balanced       development ,       these        balanced    development ,    these  mea¬
measures , which directly affect the            sures   should     be harmonized   while
functioning of the common market ,              maintaining the improvements made ;
whereas     this   harmonization     and        whereas this harmonization and       im¬
improvement      should be    based   on        provement should be based on common
common principles ;                             principles ;
                           3rd to 9th récitals unchanged
                                      10th recitai
                                                Amend as follows :
Whereas preventive measures should              Whereas   preventive      measures  must
be taken for the protection of the              be taken for the protection of the
health     and    safety   of workers           health    and      safety of     workers
exposed to benzene ;                            exposed to benzene ;
                                      llth récital
                                                Amend as follows :
Whereas it is necessary , in order              Whereas it is necessary , in order
to ensure the highest degree of                 to ensure the highest degree of
protection reasonably practicable ,             protection reasonably practicable ,
that workers and their representa¬              that workers and their representa¬
tives    be informed about the     risks        tives be    informed about     the risks
which    benzene can pose    for   their        which   benzene     can pore for their
health ,   and the measures necessary           health , and the measures      necessary
to lessen or criminate those risks ,            to lessen or eliminate those risks ,
and   that they should be in a posi¬            and that they should , t>trough cop
tion   to ensure that the necessary             determination , be in a position to
pro* ective measures are taken ,                ensur<T~that the necessary protec¬
                                                tive measures are taken ;
 ---pagebreak---    - 3 -
New récitals
          Add the following new recitals :
          - Whereas facilities ,       including
          adequate time off work without loss
          of earnings , should be provided by
          the employer which would assist
          workers '      representatives      to
          monitor ,    collate     and   act  on
          information    relating   to workers '
             Whereas the provisions of
             this    Directive    represent mi­
             nimum requirements , and do not
             prevent any Member State from
             maintaining or introducing marc
             stringent measures for the pro­
             tection of working conditions
             compatible with the Treaty ;
             Whereas    this   Directive
             does   not inpose  administrative ,
             financial and legal     constraints
             incompatible with the creation
             and development of small and
             medium-sized undertakings ;
 ---pagebreak---                                            4
                                        ARTICLES
                       Article 1 , paragraphs 1 and 2 unchanged
                                Article 1 , paragraph 3
                                                 Amend as follows :
3 . This Directive shall not prejudice       3 . This Directive shall not prejudice
    the right of Member States to apply          the right of Member States to apply
    or introduce laws , regulations or           laws , regulations or administrative
    administrative provisions ensuring           provisions        requiring       stricter
    greater protection for workers , in          standards ,     additional prohibitions
    particular as regards the replace¬           and the~use of less dangeyoui su5-
    ment of benzene by less dangerous            strtutes £or benzene than ' those
    substitutes .                                laid down~in this           Directive if
                                                 they     ensure greater         protection
                                                 for workers .
                             Article 1 , paragraph 4 ( new )
                                                 Add the following new paragraph :
                                                 4 . Benzene shall be replaced by
                                                 less dangerous substitutes wherever
                                                 this is technically posslbleT" In
                                                 such cases the use of benzene shall
                                                 be prohibited .
                             Article 1 , paragraph 5 ( new )
                                                 Add the following new paragraph :
                                                 5.   Measures shall be taken to pro-
                                                 niote~reseS^~iriito and ~deveToprrent
                                                 of safe or ~Tess~ dangerous substi-
                                                 tutes ~for~Eenzene”and technologies
                                                 vhTc'iT^’liTake^'the" use~o5~foenzehe  un¬
                                                 necessary .
 ---pagebreak---                      Article 2 and Article 3 , paragraphs 1 to 2 unchanged
                                          Article 3 paragraph 3
                                                           Amend as follows :
3 . If    the assessment         referred to    in     3.  if the             assessment      referred to          in
    paragraph 2 shows that the workers'                    paragraph 2 shows that the workers'
    exposure to benzene , in the absence                   exposure to benzene , in the absence
    of      any      individual       protective           of any individual protective equip¬
    equipment is , in relation to an                       ment is , in relation to an eight-
    eight-hour reference period, lower                     hour reference period , lower than
    than 3,25 mg/m3 (1 ppm ),                then          3,25 mg/m3 (1 ppm) , then Articles
    Articles 4,7,11,13 , 14 and 15 shall                   7 , 11 , 14 and 15 shall not apply .
    not apply .
                                      Article 3 , paragraph 4 ( new )
                                                           Add the following new paragraph :
                                                           4(a )         The concentration of              benzene
                                                            in the air , as defined in paragraph
                                                            3 , shall be taken as the sole
                                                           criterion only if there is no risk
                                                           to health as a resuit of absorption
                                                           through the skin .
                                                                 (b)     A     new    assessment        shall      be
                                                           carried out in the event that
                                                           - there             is reason to believe           that
                                                                    the assessment was incorrect ,
                                                           - there is a significant change in
                                                                    the activity to whi ch the assess¬
                                                                    ment relates .
                                                 Article 4
                                                           Amend           as fellows :
    Subi ect     t.o Article 3 ( 3 ),     for all          r όχ-       a...Lí  ni ;e active : íe•s referred tio
    tiie    acci vitter-     r e ferrer)  to    in         ι n       Art :LCJJ 3 3'Oh     Op .leyens shall be
    Arti .cie 3 ( 1 ) - e "-pi oyers shall keep            r--·1 ··
                                                                     iyp       = \0  keep       • J.     v aet r o-
    and tr,ã n .     vinen   i eq:ested ,    make                          p" i.O
                                                           t' X.ie s te ·· 9         make a­, a ladle      to  the
    aval. lat le       to    lhe     respons ib le         res       oonsib le csuthori ■. :y ,      inioriTi&ti . on
    author ! ty . informât ion on :                        on :
 ---pagebreak---                                         - 6 -
- the quantities of benzene used,              - the quantities of benzene used,
- the     activities  and    processes         - the activities       and     processes
   carried out ,                                  carried out ,
- the substances , préparations or             - the substances , préparations or
   products manufactured which con-               products manufactured which con-
   tain benzene ,                                 tain benzene ,
- the number of workers exposed ,              - the number of workers exposed,
- the préventive measures taken ,              - the préventive measures taken ,
- the type of protective     equipment         - the type of protective equipment
   used .                                         used .
                              Article 5 , introduction
                                               Amend introductory phrase as follows
For all the activities referred     to         For all the activities referred       to
in Article 3(1 ),   workers ' exposure         in Article 3(1 ), workers ' exposure
must    be reduced to as low a   level         must be reduced to a minimum, and
as is reasonably practicable , and             in particular by the following mea¬
in particular by the         following         sures :
measures , as appropriate :
                               Artide 5 , indent a )
                                               Replace by the following :
( a ) The quantity of benzene used in          ( a ) If a less dangerous     substitute
each    case  must be limited to   the         exists , then    it must , as   a matter
minimum      which   is     reasonably         of principle , be    used in place    of
practicable :                                  benzene . If   no substitute     exists ,
                                               then the quantity of benzene must
                                               be limited to the absolute minimum;
                      Artide 5 , indents b ) and c ) unchanged
                                Artide 5    indent d )
                                               Amend as follows :
 ---pagebreak---                                              - 7 -
     ( d ) waste containing benzene shall            ( d ) waste containing benzene ,    in-
    be collected in suitably sealed                  cluding waste resultin^ from the
    containers     and   removed  frcm   the         cleaning of extracted air , shall be
    place of works as soon as possible .             collected in suitably sealed con¬
                                                     tainers, removed frcm the place of
                                                     work as soon as possible and trans-
                                                     ferred to a safe disposal plant by
                                                     the responsible author ity ■
                               Article 6 , paragraph 1 unchanged
                                    Article 6   paragraph 2
                                                     Amend as follows :
2 . Employers shall ensure that all             2 . Employers shall be obliged to en¬
    containers and packages containing               sure     that    all  containers    and
    benzene are suitably labelled .                  packages     containing benzene    bear
                                                     unambiguous and       clearly - visible
                                                     labels .
                                    Article 6   paragraph 3
                                                     Amend as follows :
3.  Whenever     benzene   or   waste   con¬    3.   Whenever benzene ,    substances   con¬
    taining benzene is transported the               taining benzene or waste con¬
    labelling and packaging require¬                 taining benzene is transported , the
    ments in international      conventions          labelling and packaging require¬
    or national legislation on the                   ments in     international conventions
    transport of dangerous goods must                or national       legislation on the
    be observed .                                    transport of dangerous goods must
                                                     be observed if the national legis¬
                                                     lation    is   more  restrictive    and
                                                     guarantees more thorough protection
                                                     than the provisions of this
                                                     Directive .
                                      Article 7 unchanged
                                           Article 8
                                                     Amend as follows :
 ---pagebreak---                                          - 8 -
The   limit  value   shall  be    16.25           Until 31 December 1991 the      limit
mg/m3   (5 ppm) time weighted for a               value shall be 16.25 mg/m3
period of 8 hours .                               ( 5 ppm )      time-weighted for â
                                                  period of 8 hours .
                                                  From    1  January 1992   the   limit
                                                  value shall be 9.75 mg/m3 (3 ppm)
                                                  time-weighted for a period of       8
                                                  hours .
                                                  In the case of Spain and Portugal ,
                                                  application of the limit value
                                                  applicable from 1992 may be post-
                                                  poned until 1 January 1995 at the
                                                  latest . That time limit shall not
                                                  be exceeded .
                              Article 9 , paragraph 1
                                               Amend as follows :
1.  When   the limit value laid down           1.    When   the limit value laid down
in Article 8     is exceeded ,      the        in Article 8        is exceeded ,    the
reasons for      the    limit being            reasons      for    the   limit being
exceeded   must  be   identified    and        exceeded     must   be  identified   and
appropriate measures to remedy the             appropriate measures to remedy the
situation must be taken as soon      as        situation must be taken at once .
possible .
                      Article 9 , paragraphs 2 to 4 unchanged
                                      Article 10
                                               Amend as follows :
In  the case of certain    activities          In the case of      certain  activities
in   respect    of   which    it     is        which are of limited      duration   and
foreseeable that the limit value               to be regarded as exceptional^ In
laid down in Article 8 will be                 respect of which further technical
exceeded and in respect of which               preventive measures for limiting
further      technical     preventive          workers' exposure to benzene are
 ---pagebreak---         measures     for limiting workers'               not reasonably practicable , the em¬
        exposure     to    benzene    are    not        ployer shall , with the approval of
        reasonably        practicable ,      the         the workers or their representa¬
        employer     shall    determine      the         tives , determine the measures     In¬
        measures      intended     to     ensure         tended to ensure protection of wor¬
        protection of workers while they                 kers while they are engaged in such
        are engaged in such activities , and             activities , and in particular wor¬
        in particular workers shall           be         kers shall be issued with protec¬
        issued with protective equipment                 tive equipment , and       especially
        and      in    particular       suitable         suitable respiratory       equipment ,
        respiratory equipment which must be             which must be worn .
        worn .
                  Artide 11 , paragraph 1 , introduction and indent a ) unchanged
                                      Article 11 , paragraph 1 ( b )
                                                        Amend as follows :
        b)     areas  are   set  aside     where        ( b ) suitable roams are provided , ss-
        workers    can eat and drink     without        parate from the areas In which ben­
        risking contamination by benzene ;               zene is used , where workers can eat
                                                         and drink without risking exposure
                                                         to benzene ;
                       Article 11 , paragraph l(c)(i ) and 1(c)(ii ) unchanged
                                  Article 11 , paragraph l(c)(iii )
                                                        Amend as follows :
i i i ) protective equipment is placed in ( i i i )     protective      equipment is    placed
        a well-defined        place      and is          in a well-defined place and is
        checked if possible before , and in             checked      before use and after use ;
        any case after , each use ; appro¬              appropriate measures are taken to
        priate measures are taken to repair             repair or replace defective equip¬
        or replace defective equipment be¬              ment before further use ;
        fore further use ;
 ---pagebreak---                                       - 10 -
                          Artide 11 , point 1 ( d ) Cnew )
                                             Add the following new indent :
                                             ( d ) workers 1 representatives   are
                                             elected to monitor the workers 1
                                             health .
                            Article 11 , paragraph 2
                                             Amend as follows :
Workers shall not be charged for             The cost of measures taken pursuant
the cost of measures taken pursuant          to paragraph 1 shall be borne by
to paragraph 1 .                             the employers .
                            Article 12 , introduction
                                             Amend as follows :
Appropriate measures shall be                Employers shall be obliged to take
taken by the employer to ensure              appropriate     measures  to  ensure
that workers and their representa¬           that workers and their representa¬
tives in the undertaking or esta¬            tives receive comprehens ive infor¬
blishment receive adequate infor¬            mation and training concerning :
mation concerning :
                             Article 12 , indent ( a )
                                             Complété as follcws :
a ) potential risks to health ;              ( a ) potential  risks to health and
                                             measures to prevent such risks ;
 ---pagebreak---                                         - 11 -
                       Article 12 , indents ( b ) to ( e ) unchanged
                            Article 12 , indent ( f ) ( new )
                                                  Add the following new indent :
                                                 ( f ) the monitoring of the health of
                                                 workers by their elected represen­
                                                  tatives , xncluding the arranging of
                                                  training it local colleges for
                                                 workers 1 representatives on me­
                                                  thods of collecting information
                                                  on the health of workers and , If
                                                  asked by the workers , the Health of
                                                 workers' families and , if required ,
                                                  the use of computer technology to
                                                  assist them for the purpose .
                            Article 12 , indent ( g ) ( new )
                                                 Add the following new indent :
                                                  ( g ) adequate agreed time off work
                                                 without loss of pay to enable the
                                                  elected workers' representatives to
                                                  carry out the duties arising from
                                                  this Directive .
                              Article 13 , introduction
                                                 Amend as follows :
Subject to Article 3 ( 3 ),    for all            For all the activities referred   to
the   activities     referred  to    in           in Article 3 ( 1 ), employers shall
Article 3 ( 1 ) , appropriate measures           be obliged to take appropriate mea-
shall be taken to ensure that :                   sures to ensure that :
 ---pagebreak---                                        - 12 -
                         Article 13 , indent ( a ) unchanged
                              Article 13 , indent ( b )
                                               Amend as follows :
b)   workers    and    any   workers'         Cb ) workers and any workers' repre¬
representatives   in undertakings or           sentatives in undertakings or esta¬
establishments    are   informed    as         blishments are      informed at once
quickly as possible when the     limit         when the limit value referred to in
value   referred to in Article 8    is         Article     8 is   exceeded, of  the
exceeded ,  of  the causes   thereof ,         causes thereof , and of the measures
and   of the measures taken or to be           taken or to be taken to rectify the
taken to rectify the situation ;               situation ;
                         Article 13 , indent ( c ) unchanged
                              Article 13 , indent d )
                                               Amend as follows :
d ) the doctor and the authority               ( d)the doctor , the authority re¬
responsible as well as all other               sponsible and the workers' repre¬
persons who have responsibility for            sentatives as well as all other
health and safety at work shall                persons who have responsibility for
have access to the records referred            health and safety at work shall
to in subparagraph c )                         have access to the records referred
                                               to in subparagraph c );
                         Article 13 , indent ( e ) unchanged
                              Article 13 , indent ( f )
                                               Amend as follows :
 ---pagebreak---                                          13
f ) The workers and any workers' re¬          ( f)the workers and any workers' re¬
presentatives shall have access to            presentatives shall have access to
anonymous , collective information            collective information in      the  re¬
in the records ;                              cords ;
                         Article 13 , indent g ) unchanged
                           Article 13 , indent h ) ( new )
                                              Add the following new indent :
                                               ( h ) agreement is reached between the
                                               employer and the elected workers '
                                               representatives on adequate time
                                               off , without loss of pay , for elec-
                                               ted workers ' representatives to
                                               enable them to carry out the duties
                                               arising from this Directive ;
                           Article 13 , indent i ) ( new )
                                               Add the following new indent :
                                               ( i ) the workers or their représenta¬
                                               tives hâve the nght to ask the
                                               employer to take appropriate measu-
                                               res to ensure that nsks associated
                                               with benzene cannot arise and     that
                                               sources     of  nsk   are   eliminated
                                               immediately .
            Article 14 , introduction and     points      1 to 5 unchanged
 ---pagebreak---                                     - 14
                          Artide 14 , point 6 ( new )
                                             Add the following new paragraph
                                         6 . The
                                             ties  to assist    elected    workers 1
                                             representatives in      their duties
                                             under this Directive ,       including
                                             offices , secretarial assistance and
                                             computer technology       should   the
                                             workers '    representatives   require
                                             it .
                             Article 15 unchanged
                                  Article 16
                                             Amend as follows :
Member States shall keep national            Member States shall keep national
statistics of recognized cases of            statistics of recognized cases of
occupational  diseases   due     to          occupational     diseases    due    to
benzene .                                    benzene .
                                             These     statistics shall be updated
                                             m the light of new evidence .
                        Articles 17 and 18 unchanged
 ---pagebreak---                                        - 15 -
                                Annex I , paragraph 1
                                               Amend as follows :
1 . Workers' exposure shall be mea¬            1 . Workers' exposure shall be mea¬
sured at least every three months              sured at least every three months
and ,   in any case ,     whenever a           and , in any case , whenever a tech¬
technical change results in in¬                nical change results in increased
creased exposure .                             exposure or at the request of the
                                               workers or their representatives .
                                               The quality of the air at the work-
                                               place shall be constantly monitored .
                        Annex I , paragraph 2 , introduction
                                               Amend as follows :
The frequency of measurements may              The frequency of measurements may
be reduced to once a year where :              be reduced to twice a year where :
                    Annex I , paragraph 2 , 1st indent unchanged
                         Annex I , paragraph 2 , 2nd indent
                                               Amend as follows :
   the  results of the two preceding           - the results of the two preceding
   measurements    performed    at   a            measurements performed       at a
   suitable time interval have not                suitable time interval have not
   exceeded half the limit value                  exceeded a third of the limit va¬
   laid down in Article 8 .                       lue laid down in Article 8 .
 ---pagebreak---                                        - 16 -
                     Annex I , paragraph 2 , last subparagraph
                                               Amend as follows :
Where    groups    of   workers    are         Where groups of workers are perfor¬
performing identical or        similar         ming identical or similar tasks and
tasks   at   the same place   and  are         are thus being exposed to the same
thus being exposed to the same                 health risk ,      sampling may be
health risk ,      sampling may be             carried out on a group basis , such
carried out on a group basis , such            that it is representative of the
that it is representative of the               group .
group .
                      Annex I , paragraphs 3 and 4 unchanged
                      Annex II , paragraphs 1 and 2 unchanged
                               Annex II , paragraph 3
                                               Add the new 5th and 6th indents :
3.   Health   surveillance of exposed          3.   Health surveillance of   exposed
workers    should be carried   out  in         workers   should be carried   out  in
accordance with principles         and         accordance with the principles and
practices of occupational medicine             practices of occupational medicine
and   should   include at   least  the         and   should  include at   least  the
following measures ;                           following measures ;
- keeping records of a workers'                - keeping records of a worker 's
   medical and occupational history ,             medical and occupational history ,
- a personal interview,                        - a personal interview,
- adéquate medical surveillance ,              - adéquate medical surveillance ,
- an appropriate blood examination .           - an appropriate blood examination .
 ---pagebreak--- a high or excessive       level     of
exposure ,
in the event of a serious risk to
health , discussions shall take
place between the employer and
the worker , with the participa­
tion    of the workers' representa-
fives ,   with a view to employing
the worker in another job , not
involving exposure to benzene ,
without loss of pay or status   1 ·