CELEX: 51990PC0692
Language: en
Date: 1991-01-03
Title: AMENDMENT TO THE PROPOSAL FOR A COUNCIL DIRECTIVE CONCERNING MEASURES TO ENCOURAGE IMPROVEMENTS IN THE SAFETY AND HEALTH OF PREGNANT WORKERS, WOMEN WORKERS WHO HAVE RECENTLY GIVEN BIRTH AND WOMEN WHO ARE BREASTFEEDING

1. 2. 91                                Official Journal of the European Communities                              No C 25/9
                                                            ANNEX II
                                                                                           paragraph 1
                                                                                               (new)
                                                                   The quantities laid down in Annex II shall be adjusted in
                                                                   line with the modifications relating to Articles 8 and 9.
                 Amendment to the proposal for a Council Directive concerning measures to encourage
                 improvements in the safety and health of pregnant workers, women workers who have recently
                                        given birth and women who are breastfeeding (')
                                                 COM(90) 692 final — SYN 303
                 (Submitted by the Commission pursuant to Article 149 (3) of the EEC Treaty on 8 January 1991)
                                                          (91/C 25/04)
Recital 9 is amended as follows:                                   Article 2 is amended as follows:
     'Whereas pregnant workers, women workers who
     have recently given birth and those who are breast-                Article 2
     feeding must be considered a specific risk group in
     many respects, and that measures must be taken with
     regard to their health and safety;'.                              For the purposes of this Directive "pregnant
                                                                       workers", "women workers who have recently given
                                                                       birth" and "women who are breastfeeding" shall
Recital 13 is amended as follows:
                                                                       refer to pregnant workers, those who have recently
                                                                       given birth and those who are breastfeeding and who
     'Whereas the purpose of the period of leave from                  duly notify their employer of their condition, either
     work — namely, the protection of the health of                    in person or through a medical practitioner or other
     pregnant women or women who have recently given                   competent medical authority, in accordance with
     birth and those who are breastfeeding — would not                 legal provisions or national practices.'
     be achieved unless accompanied by the maintenance
     of rights, without which, for example, some of these
     women would be forced to give up most of their
     period of leave in order not to lose their                    Articles 3 and 4 are amended as follows:
     remuneration;        consequently     maintenance     of
     employment and income rights should be guaranteed
     during the period;'.                                               Article 3
Article 1 is amended as follows:
                                                                       1.     Notwithstanding the provisions of Articles 4
                                                                       and 6 of Directive 89/391/EEC, the Member States
      'Article 1                                                       shall ensure that the competent safety and health
                                                                       authorities carry out a general assessment of the
     The object of this Directive, which is an individual              chemical, physical and biological agents and
     directive within the meaning of Article 16 (1) of                 industrial processes considered dangerous to the
     Directive 89/391 / E E C , is to implement measures to            health and safety of the workers referred to in Article
     encourage improvements in the safety and health of                1. This general assessment must also cover physical
     pregnant workers, women workers who have recently                 movements and postures, mental and physical fatigue
     given birth and women who are breastfeeding.'                     and other types of physical stress. The results of this
                                                                       assessment shall be made known to employers and
                                                                       workers in order to inform them of the potential
                                                                       hazards and to improve the basis for assessment at
(l) OJ No C 281, 9. 11. 1990.                                          the workplace.
 ---pagebreak--- No C 25/10                          Official Journal of the European Communities                                   1. 2. 91
   2.   For all activities liable to involve a risk of             exposure to the agents and working conditions listed
   exposure to the agents, processes and working                   in Annex III. Under such conditions, the provisions
  conditions listed in Annex I, the employer shall                 referred to in paragraphs 3 and 4 shall be applicable.
   determine the nature, degree and duration of
  exposure of women workers, either directly or by
  way of the services referred to in Article 7 of                 Article 4
   Directive 89/391/EEC, in order to evaluate the risks
   as regards health and safety and any possible effect
  on pregnancy or breastfeeding, and to decide what                1.    The Member States shall take measures to
  measures should be taken. This assessment must also              ensure that the women workers referred to in Article
  cover physical movements and postures, travel and                1 are not obliged to work at night:
  mental and physical fatigue related to the work done
  by these workers. Women workers must be notified
  of this assessment, so that they are informed of                 (a) before and after the delivery of a child for a
  potential hazards.                                                   period of at least 16 weeks, of which at least
                                                                       eight must be before the presumed date of
                                                                       delivery;
  If the results of the abovementioned assessment
  reveal a safety or health hazard or a possible effect           (b) upon presentation of a medical certificate indi-
  on pregnancy or breastfeeding, exposure of the                       cating the necessity for the health of the worker
  women workers in question must be avoided by                         referred to in Article 1, for other periods
  adjusting their working conditions or their working                  occurring:
  hours.
                                                                        (i) during pregnancy;
  3.    If the adjustment referred to in paragraph 2,
  indent 2, is not technically possible, the employer                  (ii) during a period of time after the necessary
  shall take the necessary measures to move any                             period following delivery as indicated in
  worker concerned to another job. In such cases                            subparagraph (a), the duration of which shall
  measures shall be taken to maintain the worker's                          be determined by the competent authority
  level of pay and/or to pay an equivalent allowance,                       referred to in Article 3(1).
  and to ensure that her work-related rights are
  unaffected for the period concerned.
                                                                  2.     The measures referred to in paragraph 1 may
                                                                  entail transfer to daytime work when possible, or an
                                                                  extension of maternity leave. In such cases measures
  4.    In cases where transfer to another activity is not        shall be taken to maintain the worker's level of pay
  technically or objectively feasible, the, workers in            and/or to pay an equivalent allowance, and to ensure
  question shall be granted leave for the whole of the            that her work-related rights are unaffected for the
  period considered necessary to protect their safety             period concerned.'
  and health. Their pay and/or an equivalent
  allowance, and their work-related rights, shall be
  maintained throughout this period.                          Article 5 (1), second sub-paragraph is amended as
                                                              follows:
  5.    Under no circumstances shall pregnant workers             Tn the eventuality of periods of sickness unrelated to
  be assigned to duties for which the assessment                  pregnancy or childbirth occurring during this leave
  referred to in paragraph 2 has revealed exposure to             from work, these periods shall not be taken into
  the agents listed in Annex II. Such workers shall not           account as part of the 14 weeks. They will be dealt
  be exposed to situations in which there is a danger of          with under the scheme applicable in case of sickness.'
  exceeding the limit values for occupational exposure
  to agents in general. Under such conditions, the
  provisions referred to in paragraphs 3 and 4 shall be       Article 5 (5) is amended as follows:
  applicable.
                                                                  '5.     The Member States shall take the necessary
                                                                  measures to ensure that pregnant workers have the
  6.    Under no circumstances shall breastfeeding                right to take leave from work without loss of pay to
  women be assigned to duties for which the                       enable them to attend ante-natal examinations if such
  assessment referred to in paragraph 2 has revealed              examinations take place during working hours.'
 ---pagebreak--- 1.2.91                                     Official Journal of the European Communities                                 N o C 25/11
Article 6 is amended as follows:                                        New Article 8:
     'Article 6                                                              €A   . ,
                                                                             'Article 8
     1.    The maintenance of work-related rights shall be
    ensured throughout the period of leave from work                        The     Member    States shall  incorporate into their
    referred to in Article 5.                                                national legislation the necessary provisions enabling
    2.     The Member States shall take the necessary                        anyone who believes that her rights under this
    measures to prevent the dismissal of the women                           Directive have been infringed to seek legal redress
    referred to in Article 2 for reasons related to their                   through the courts or, if applicable, bring the case
                                                                            before other
    condition for the period from the beginning of their                                  competent bodies.'
    pregnancy to the end of the leave from work defined
    in Article 5.'                                                      Articles 8, 9 and 10 become Articles 9, 10 and 11.
                Annex I is amended as follows:
                                                               'ANNEX I
                              LIST OF AGENTS AND PROCESSES REFERRED TO IN ARTICLE 4 (2)
                1. Agents
                   (a) Physical agents
                       — Mechanical constraints or vibrations causing or likely to cause movement harmful to the embryo
                           or foetus.
                       — Pressure in excess of atmospheric pressure.
                       — Heavy loads.
                   (b) Biological agents
                       Biological agents of Groups III and IV within the meaning of Article 2 (d) of Directive
                       90/. ../EEC:
                       — Toxoplasma,
                       — Chicken pox virus,
                       — Rubella virus,
                       — Listeria,
                       — Neisseria gonorrhoeae,
                       — Cytomegalovirus,
                       — Treponema pallidum,
                       — Myxovirus and paramyxovirus,
                       — Enterovirus (Echo-Coxsackie B),
                       — Epstein-Barr virus,
                       — Herpes virus,
                       unless women are proved to be adequately protected against such agents by immunization.
                   (c) Chemical agents
                       The following chemical agents:
                       — substances labelled R40, R45, R46 and R47 under Directive 67/548/EEC (labelling of chemical
                          substances),
 ---pagebreak--- N o C 25/12                                 Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s     1. 2. 91
                     — chemical agents in Annex I of Directive 90/394/EEC on the protection of workers from the
                        risks related to exposure to carcinogens at work,
                     — as yet unlabelled pesticides,
                     — mercury and mercury derivatives,
                     — nitroderivatives- and chlorite derivatives of benzene hydrocarbons,
                     — asbestos,
                     — antimitotic drugs,
                     — lead and lead derivatives,
                     — carbon monoxide,
                     — as yet unlabelled solvents,
                     — chemical agents of known and dangerous percutaneous absorption.
            2. Processes
               Industrial processes listed in Annex I to Directive 90/394/EEC on the protection of workers from the
               risks related to exposure to carcinogens at work.
            3. Working conditions
               Underground work (mines).'
            A n n e x II is a m e n d e d as follows:
                                                                      'ANNEX    II
                                         LIST O F AGENTS REFERRED T O IN ARTICLE 3 (5)
            (a) Physical agents
                 — Pressure in excess of atmospheric pressure.
            (b) Biological agents
                 — Toxoplasma,
                 — Rubella virus,
                 unless women are proved to be adequately protected against such agents by immunization.
            (c) Chemical agents
                 — Lead and lead derivatives.'
            N e w A n n e x III:
                                                                     'ANNEX     III
                   LIST O F AGENTS A N D W O R K I N G C O N D I T I O N S REFERRED T O IN ARTICLE 3 (6)
            1. Agents
                PCB, PBB.
            2. Working conditions
                Underground work (mines).'