CELEX: 51984PC0426
Language: en
Date: 1984-07-23
Title: AMENDED PROPOSAL FOR A COUNCIL DIRECTIVE ON THE PROTECTION OF WORKERS FROM THE RISKS RELATED TO EXPOSURE TO CHEMICAL, PHYSICAL AND BIOLOGICAL AGENTS AT WORK

14.8.84                              Official Journal of the European Communities                               No C 214/11
               Amended proposal for a Council Directive on the protection of workers from the risks
                       related to exposure to chemical, physical and biological agents at work (')
                                                   COM(84) 426 final
               (Submitted by the Commission to the Council pursuant to the second paragraph of Article
                                        149 of the EEC Treaty on 26 July 1984)
                                                      (84/C 214/10)
                    ORIGINAL PROPOSAL                                                    AMENDED PROPOSAL
                                                Preamble unchanged
                                           First four recitals u n c h a n g e d
    Whereas the simplest and most effective way of                        Whereas the (two words deleted) most effective
    reducing noise levels at work is to incorporate                       way of reducing noise levels at work is to incor-
    noise prevention measures into the design of                          porate noise prevention measures into the design
    installations and to choose materials, procedures                     of installations and to choose materials, proc-
    and working methods which produce less noise,                         edures and working methods which produce less
    and whereas the priority aim must be to achieve                       noise, and whereas the priority aim must be to
    the said reduction at source,                                         achieve the said reduction at source;
                                                                          Whereas the provision and use of hearing pro-
                                                                          tectors is a necessary complementary measure to
                                                                          the reduction of noise at source, where exposure
                                                                          cannot reasonably be avoided by other means;
                                            Last t w o r e c i t a l s u n c h a n g e d
                                            Articles 1 and 2 u n c h a n g e d
                         Article 3                                                            Article 3
This Directive shall apply to all employed persons                    This Directive shall apply to all employed persons
whose exposure to noise at work is likely to exceed                   whose exposure to noise at work is likely to exceed
the limit values laid down in Article 4, no account                   the limit values laid down in Articles 4 (1), 6 (2) and
being taken of any hearing protector used.                            9 (1), no account being taken of any hearing prot-
                                                                      ector used.
                                                                                             Article 3a
                                                                                           (Old Article 13)
                                                                      Measures taken in pursuance of this Directive shall be
                                                                      consonant with the gravity of the risk; they shall be
                                                                      decided upon and implemented by the employer after
                                                                      consulting the workers and/or their representatives in
                                                                      the undertakings or establishments, where they exist,
                                                                      who can check that such measures are applied or can
                                                                      be involved in their application.
                                                                      Persons given the task of implementing these
                                                                      measures must have appropriate qualifications and
                                                                      workers are required to cooperate with employers in
                                                                      their implementation.
(') OJ No C 289, 5. 11. 1982, p. 1.
 ---pagebreak--- No C 214/12                          Official Journal of the European Communities                               14.8.84
                     ORIGINAL PROPOSAL                                               AMENDED PROPOSAL
                         Article 4                                                       Article 4
                                               Paragraph 1 unchanged
2.    The daily sound exposure level to which the ear           2.    The daily sound exposure level to which the ear
of a worker is subjected at work must not exceed the            of a worker is subjected at work must not exceed the
limit value of L EX d = 85 dB (A).                              limit value of L EX d = 90 dB (A) .
However, where it is not reasonably feasible to
comply with this limit from the date on which the
measures provided for in this Directive are to take
effect, the limit value may be increased to L E x d =
90 dB (A) for a transitional period of a maximum of
five years from the aforesaid date.
Before granting such derogation, the responsible
authority of the Member State shall take into account
the preventive measures incorporated into the design
and construction of the installation in question.
                                               Paragraph 3 unchanged
                                                Article 5 unchanged
                          Article 6                                                      Article 6
                                               Paragraph 1 unchanged
2.    Without prejudice to the provisions of para-              2.    Wherever the daily sound expsosure level to
graph 1, where application thereof does not bring ab-           which the ear of a worker is subjected after measures
out compliance with the limit values laid down in               have been taken pursuant to paragraph 1 and in the
Article 4, hearing protectors must be used.                     absence of hearing protectors, is likely to exceed the
                                                                limit value of 85 dB (A), appropriate hearing pro-
                                                                tectors shall be provided in sufficient numbers by the
                                                                emloyer, who should allow, as far as possible, the
                                                                workers concerned some choise of model. They must
                                                                be suited to the individual in his working conditions;
                                                                in particular, they must not increase the risk to health
                                                                and must attenuate noise sufficiently to comply with
                                                                the limit values laid down in Article 4.
3.    Where noise at work and/or the implementation             3.    Without prejudice to the provisions of para-
of the provisions of paragraphs 1 and 2 involve a risk          graph 1, where application thereof does not bring
of accident, such risk must be reduced as far as                compliance with the limit values laid down in Article
reasonably practicable by means of appropriate mea-             4 and exposure cannot reasonably be reduced by other
sures, without prejudice to the provisions of Article 4.        means, the hearing protectors referred to in paragraph
                                                                2 must be used.
                                                                4.    Where noise at work or the implementation of
                                                                the provisions of paragraphs 1 to 3 involve a risk of
                                                                accident, such risk must always be reduced as far as
                                                                reasonably pracitable by means of appropriate
                                                                measures without prejudice to the provisions of
                                                                Article 4.
                                                 Article 7 unchanged
 ---pagebreak---  14.8.84                              Official Journal of the European Communities                              NoC214/13
                    ORIGINAL PROPOSAL                                                    AMENDED PROPOSAL
                        Article 8                                                            Article 8
1.    Where hearing protectors are used they must be                 Deleted
suited to prevailing working conditions and, in par-
ticular, attenuate noise sufficiently to comply with the
limit values laid down in Article 4. They shall be
provided in sufficient numbers by the employer, who
should allow, as far as possible, the workers con-
cerned some choice of model.
2.    The wearing of the protector referred to in para-
graph 1 must not involve increase in the risk to the
health or safety of the worker concerned.
                         Article 9                                                           Article 9
 1.   Health surveillance shall be carried out on those               1.   Health surveillance shall be carried out on those
workers for whom, in accordance with the provisions                  workers exposed to a daily sound exposure level in
of Article 6 (2) recourse is had to hearing protectors.              excess of 85 dB (A), no account being taken of
This surveillance shall include an audiometric exami-                hearing protectors. This surveillance shall include an
nation and shall form part of general health sur-                    audiometric examination and shall form part of
veillance if such exists; it shall be based on the                   general health surveillance if such exists; it shall be
principles governing occupational medicine generally                 based on the principles governing occupational
with a view to the early detection of any damage to                  medicine generally, with a view to the early detection
hearing from noise and to the conservation of                        of any damage to hearing from noise and to the
hearing.                                                             conservation of hearing.
2.    The audiometric examination shall include:                     2.    The audiometric examination shall include:
                                             First two indents u n c h a n g e d
     periodic audiometric examinations at intervals of               — periodic audiometric examinations at intervals of
     no more than three years;                                            no more than five years;
                                            P a r a g r a p h s 3 to 5 u n c h a n g e d
6.    If the physician imposes certain noise exposure                6.    If the physician recommends certain noise
conditions on a particular worker on account of his                  exposure restrictions on a particular worker on ac-
state of health, the employer shall be required to                   count of his state of health, the employer shall be
comply with these restrictions.                                      required to comply with them.
Any worker removed from a job in pursuance of                        Any worker removed from a job in pursuance of
these provisions and in accordance with national                     these provisions and in accordance with national
legislation or practice, shall, where possible, be                   legislation or practice, shall, where possible, be
transferred to another job.                                          transferred to another job.
7.    The workers concerned and their employer may                   7.    The workers concerned or their employer may
ask for the health assessement referred to in the                    ask for the health assessment referred to in the
paragraph 6 to be reviewed by a competent body.                      paragraph 6 to be reviewed by a competent body of
                                                                     the Member State concerned.
                                                                                            Article 9 a
                                                                                              (New)
                                                                     The Council, acting on a proposal from the
                                                                     Commission, and taking into account in particular
 ---pagebreak---    No C 214/14                         Official Journal of the European Communities                                14. 8. 84
                      ORIGINAL PROPOSAL                                                AMENDED PROPOSAL
                                                                  progress made in scientific knowledge and technology
                                                                  as well as experience gained in the application of this
                                                                  Directive, shall re-examine the values referred to in
                                                                  Articles 4, 8 and 9 within five years of implementation
                                                                  of this Directive, with a view to making a further re-
                                                                  duction in exposure to noise at work and setting a
                                                                  maximum daily sound exposure level of 85 dB (A).
                          Article 10                                                       Article 10
                                                Paragraph 1 unchanged
  2.    The workers and/or their representatives in the           2.    The workers and/or, in the case of collective
  undertakings or establishments, where they exist, shall         data, their representatives in the undertaking or
  have access to this information.                                establishments, where they exist, shall have access to
                                                                  the information referred to in paragraph 1.
                                                Paragraph 3 unchanged
                         Article 11                                                        Article 11
 The workers referred to in Article 3 must be in-                The workers referred to in Article 3 must be in-
 formed of:                                                      formed of:
                                                First indent u n c h a n g e d
 — the measures taken in pursuance of the provisions             — the measures taken in pursuance of the provisions
     of Article 6;                                                    of Article 6, particulary as regards the compulsory
                                                                      use of hearing protectors for workers exposed to
                                                                      noise levels in excess of the limit values,
— the importance of complying with technical and                 — their duty to comply with technical and statutory
     statutory provisions;                                            provisions;
 and receive appropriate instruction and training on             and receive appropriate instruction and training on
these points.                                                    these points.
                         Article 12                                                       Article 12
                                               Paragraph 1 unchanged
2.     Where any article (tool, machine, apparatus,              2.    Where any article (tool, machine, apparatus,
etc.) intended for use at work causes, when properly             etc.) intended for use at work causes, when properly
used, exposure which is likely to exceed the limit               used, exposure which is likely to exceed the limit
values laid down in Article 4, the designer, manufac-           values laid down in Article 4, the designer, manufac-
turer, importer or supplier of the article must take the        turer, importer or supplier of the article must take the
necessary steps to obtain and make available adequate           necessary steps to make available adequate infor-
information on the exposure and the measures which              mation on the maximum noise likely to be produced in
should be taken to reduce it to a minimum.                      standard conditions when so used.
 ---pagebreak--- 14.8.84                                 Official Journal of the European Communities                                          NoC214/15
                     ORIGINAL PROPOSAL                                                                 AMENDED PROPOSAL
In determining what is proper use within the meaning                          In determing what is proper use within the meaning
of this paragraph, no account is to be taken of the use                       of this paragraph, no account is to be taken of the use
of hearing protectors.                                                        of hearing protectors.
                                                                                      Deleted.
                                     A r t i c l e 13 ( u n c h a n g e d ) b e c o m e s A r t i c l e 3a
                                                  A r t i c l e s 14 a n d 15 u n c h a n g e d
                         Article 16                                                                       Article 16
1.    Member States shall bring into force the laws,                           1.     Member States shall bring into force the laws,
regulations and administrative provisions necessary to                        regulations and administrative provisions necessary to
comply with this Directive by 31 December 1984 and                            comply with this Directive by (to be completed) and
shall forthwith inform the Commission thereof.                                shall forthwith inform the Commission thereof.
                                                        Paragraph 2 unchanged
                                                          A r t i c l e 17 u n c h a n g e d
                          ANNEX I                                                                          ANNEX I
          Reference method for noise measurement                                            Reference method for noise measurement
Where this reference method is employed, noise measure-                       Where this reference method is employed, noise measure-
ment shall be carried out as follow:                                           ment shall be carried out as follows;
                                                          Point 1 unchanged
2. Microphone siting                                                               Microphone siting
   Wherever possible, the microphone shall be positioned                          The measurement of sound pressure should be made with
   where the worker's head is normally situated.                                  the microphone located at the position(s) normally
                                                                                   occupied by the head of the person concerned, the person
                                                                                  being absent.
                                                   R e s t of p o i n t 2 u n c h a n g e d
                                                    Points 3 and 4 u n c h a n g e d
                         ANNEX II                                                                          ANNEX II
        Reference method for audiometric surveillance                                    Reference method for audiometric surveillance
Where this reference method is employed audiometric sur-                       Where this reference method is employed audiometric sur-
veillance shall comply with the specifications of draft stan-                  veillance shall comply with the specifications of standard
 dard ISO DIS 6189.2 — 1981 supplemented as follows:                           ISO 6189 — 1983 supplemented as follows:
 ---pagebreak---  No C 214/16                         Official Journal of the European Communities                                     14.8.84
                    ORIGINAL PROPOSAL                                                  AMENDED PROPOSAL
                                       First two subpara ;raphs u n c h a n g e d
The subject must not have been exposed to a sound pressure        The audiometric examination shall be carried out at such a
level exceeding 80 dB (A) (account being taken of any             time as to ensure that the subject has not been exposed to a
hearing protectors worn) during the 14 hours preceding the        sound pressure level (account being taken of any hearing
audiometric examination.                                          protectors worn), likely to result in a temporary threshold
                                                                  shift of hearing.
                                             Last p a r a g r a h u n c h a n g e d