CELEX: 51979PC0083
Language: en
Date: 1979-03-02
Title: Proposal for a COUNCIL DIRECTIVE on the protection of workers from harmful exposure to chemical, physical and biological agents at work (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (79) 83
Vol. 1979/0027
 ---pagebreak--- Disclaimer
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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 European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
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file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
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Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 COM(79)83 final
                                                 Brussels , 2 March 1979
                             ^--Proposal for a
                               COUNCIL DIRECTIVE
                      X'
        on the protection of workers from harmful exposure to chemical ,
                  /-^physical and biological agents at work
                    X. ;:
                      V <  . *
               ( submitted to the Council by the Commission )
COM ( 79 ) 83 final
 ---pagebreak---                            EXPLANATORY MEMORANDUM
1.    General Observations on the Proposal for a Directive
      This proposal is based on the Council Resolution of 29 June 197H
an Action Programme of the European Communities on Safety and Health at
Work ( 1 ) o   It is one of the measures that will increase the protection
of workers against occupational risks of all kinds , by improving the
means and conditions of work , knowledge and human attitudes .
      One of the general objectives of this action programme is that
exposure to occupational risks of all workers within the European Commu­
nity must be kept as low as possible .     To monitor more effectively ( ho
application of preventive measures , surveillance of health and working
conditions must be intensified , notably in line with the exigencies of
occupational medicine , hygiene and safety appropriate to present day
conditions .
      The action programme on safety and health at work considers that
harmonization of exposure limits is an essential and urgent matter and
 that the updating of such limits shall take into account the latest
scientific data available to the Commission , and both are to be based on
common concepts and references .
      This programme also states that for certain specific toxic sub­
 stances such as asbestos , arsenic , cadmium , lead and chlorinated sol­
vents , exposure limits , limit values for human biological indicators ,
 sampling requirements and measuring methods , and satisfactory conditions
 of hygiene at work are to be established before 1982 .
 1.    OJ No . C 165 of 11 July 1978 .
 ---pagebreak---                                                                           2.
       The Commission has taken account of the above considerations in
drawing up this proposal which is based on Article 100 of the Treaty
establishing the European Economic Community .     It lays down common
principles for the prevention of risks and the protection of the exposed
worker .    It also makes provision for drawing up individual Directives
concerning specific requirements for a certain number of agents .      In
addition it sets up a Technical Committee for the adaptation of a number
of technical provisions of the Directive .
2.     Observations on certain specific aspects of the proposal for a
       Directive
       Article 1 sets out the objectives of the proposal which are two­
fold :   to eliminate or limit exposure to chemical , physical and biologi­
cal agents and to prevent risks to workers' health and safety ?    to
protect workers who are likely to be exposed to these agents .
       Article 2 gives the definitions which are used in this proposal .
       Article 3 requires the Member States to take the appropriate mea­
sures to ensure that worker exposure to all agents is kept as low as
possible .
       Article 4 requires the Member States to apply a number of provi­
sions for the protection of workers from risks to their health , taking
into account the nature of the agent , the intensity of the exposure and
the magnitude of the risk .
       Article 5 requires the application of further measures by the
Member States for the agents given in Annex 1 of the proposal .     These
further measures are concerned with :    the medical supervision of wor­
kers ?   access to measurement results ;  the provision of information and
documentation available at national and Community levels .
       Article 6 requires the Member States to make provisions for worker
participation , ensure that a worker shall not suffer undue prejudice
through his removal from exposure to agents , ensure that the application
of this proposal does not lead to an undue effect outside work .
 ---pagebreak---       Article 7 makes provision for the drawing up of individual Direc­
tives for those agents listed in Annex 1 of the proposal .
      Article 8 makes provision for the elaboration and adaptation to
technical progress of a number of technical aspects .
     Articles 9 and 10 are concerned with the setting up of the Techni­
cal Committee .
     Annex 1 to this proposal gives a first list of agents for which
individual Directives will be drawn up . This list is based , in parti­
cular , on that given in the actions which can be undertaken between now
and 1982 under the action programme on Safety and Health at Work ( 1 ) ,
and on the recommendation of the Advisory Committee on Safety f Hygiene
and Health Protection at Work ( set up by Council Decision 74 / 325/EEC of
27 June 1974 ) .
     Annex 2 to this proposal specifies the technical aspects to which
the provisions of Article 8 apply .
3.   Consultation of the European Parliament and the Economic and
     Social Committee
     Under the terms of Article 100 of the Treaty establishing the
European Economic Community , the opinion of these two institutions must
be sought .
 ---pagebreak---                       PROPOSAL FOR A COUNCIL DIRECTIVE ON THE
              PROTECTION OF WORKERS FROM HARMFUL EXPOSURE TO
             CHEMICAL , PHYSICAL AND BIOLOGICAL AGENTS AT WORK
The Council of the European Communities ,
Having regard to the Treaty establishing the European Economic Communi­
ty , and in particular Article 100 thereof ,
Having regard to the proposal from the Commission ,
Having regard to the Opinion of the European Parliament ( 1 ) ,
Having regard to the Opinion of the Economic and Social Committee ( 2 ) ,
Whereas the Council Resolution of 29 June 1978 on an action programme ol
the European Communities on safety and health at work ( 3 ) provides for
the harmonization of procedures regarding the protection of workers wit!-
respect to chemical , physical and biological agents ;      whereas the urgen ;
need to harmonize laws in this field is recognized ;       whereas efforts
must therefore be made towards the approximation , while the improvement
is being maintained , of the laws , regulations and administrative provi­
sions of the Member States as envisaged in Article 117 of the Treaty ;
Whereas all appropriate measures must be taken to protect workers from
harmful exposure to chemical , physical and biological agents at work ;
whereas differences are revealed by a comparison of protective measures
taken by Member States which affect the worker ;       whereas , therefore , in
the interests of balanced economic and social development , these mea­
sures , which directly affect the functioning of the common market ,
should be harmonized and improved ;       whereas this harmonization and
improvement has to be based on common principles , procedures and guide­
lines ;
1.    OJ No              of .....
2•    OJ No •  • • • • • of . . . . .
3.    OJ No . C 165      of 11 July 1978
 ---pagebreak--- Whereas the provisions of this Directive constitute the essential re–
quirements to achieve the protection of workers with respect to chemi­
cal , physical and biological agents ;
Whereas further individual Directives shall lay down specific require­
ments , in particular limit values , for certain agents ;
Whereas certain provisions of this Directive and the individual Direc­
tives may be re-examined in the light of experience gained and progress
in the technical and scientific fields ;
Whereas the Advisory Committee on Safety , Hygiene and Health Protection
at Work set up by Council Decision 74/ 325/EEC ( 4 ) has
been consulted ?
HAS ADOPTED THIS DIRECTIVE
ARTICLE 1
The objectives of this Directive are :
      to prevent the risks for health and safety of workers through eli­
      mination or limitation of their exposure at work to those chemical ,
      physical and biological agents considered harmful to health ,
      to establish common principles which must govern the protection of
      workers likely to be exposed at work to risks to their health and
      safety from such agents .
ARTICLE 2
For the purposes of this Directive
a)    " agents " shall refer to chemical , physical and/or biological agents
      present at work and likely to be harmful to health .
b)    " worker " shall refer to any person exposed or likely to be exposed
      to agents at work .
c)    " limit values " shall refer to exposure limits and/or biological
       indicator limits in the appropriate medium/media depending on the
      agents .
 4.   OJ No . L 185 of 9 July 1974 .
 ---pagebreak---                                                                           i .
d)   " appointed doctor " shall refer to the doctor responsible for the
     medical supervision of workers .
ARTICLE 3
Member States shall take appropriate measures to ensure that exposure of
workers to agents shall be kept as low as can be reasonably achieved .
ARTICLE 4
1.   Member States shall ensure that the measures they establish to
     protect workers likely to be exposed at work to risks to their
     health from agents shall include :
     -     prevention at the technical level ;
     -     establishment of limit values which shall not be exceeded , aivi
           of sampling procedures and measuring methods ;
     -     collective and personal protection measures ;
     -     hygiene measures ;
     -     information for workers on the potential risks to which they
           are exposed , the technical preventive measures taken , and t.h -
           precautions taken by the employer and to be taken by the
           worker ;
     -     use of warning and safety signs ;
     -     medical supervision ;
     -     keeping updated records of exposure levels , lists of workers
           exposed to agents , and medical records ;
           emergency procedures for abnormal exposures .
2.   The application of each of the provisions of paragraph 1 of this
     Article shall take into account the nature of the agent , the inten­
     sity of exposure and magnitude of risk .
ARTICLE 5
For the agents listed in Annex 1 Member States shall , in addition to
those measures laid down in Articles 3 and 4 , ensure that :
     medical supervision of workers is provided prior to exposure ,
     periodically thereafter and following the end of exposure ,
 ---pagebreak---                                                                          4-
-     workers shall be provided with results of exposure measurements and
      group biological tests ; individual workers shall have access to
      the results of their own biological tests .    To assist them with
      the interpretation of the results and to further inform them of the
      potential hazards of the agents specifically prepared information
      and documentation at national and/or Community levels shall be made
      available ,
ARTICLE 6
Member States shall ensure that :
      Workers and /or their representatives shall be involved ,
                    with the elaboration and application of the provisions
      in paragraph 1 of Article 4 and in Article 5 .
      A worker shall not suffer undue prejudice through his removal from
      exposure to any of the agents .
      The application of this Directive shall not lead to undue effects
      outside the workplace .
ARTICLE 7
1.    Further specific requirements , in particular limit values , for
      those agents given in Annex 1 shall be laid down in individual
      Directives .
2.    Individual Directives shall be allotted a serial number .
ARTICLE 8
The detailed elaboration of the technical aspects , as set out in Annex
2,
- of the provisions of Article 4
 - of the equivalent provisions in individual Directives
 and their adaptations necessary to keep in line with technical progress
 shall be made in accordance with the procedure of Article 10 .
 ---pagebreak---                                                                          5.
ARTICLE 9
1)   There is hereby set up a Technical Committee for the Directive on
     the Protection of Workers from Harmful Exposure to Chemical , Phy < T -
     cal and Biological Agents at work , hereinafter called " the Indus­
     trial Medicine and Hygiene Committee ".     It shall consist of
     representatives of the Member States with a representative of the
     Commission as Chairman .
2)   The Industrial Medicine and Hygiene Committee shall draw up its owv
     rules of procedure .
ARTICLE 10
1.   Where the procedure laid down in this Article is to be followed
     matters shall be referred to the Industrial Medicine and Hygiene
     Committee by the chairman , either on his own initiative or at the
     request of the representative of a Member State .
2.   The representative of the Commission shall submit to the Committee
     a draft of the measures to be adopted .     The Industrial Medicine
     and Hygiene Committee shall deliver its opinion on the draft within
     a time limit set by the Chairman according to the urgency of the
     matter .    Opinions shall be adopted by a majority of 41 votes , the
     votes of Member States being weighted as provided for in Article
     148(2 ) of the Treaty .   The Chairman shall not vote .
3.   a)    The Commission shall adopt the proposed measures when they are
           in accordance with the opinion of the Industrial Medicine and
           Hygiene Committee .
     b)    Where the proposed measures are not in accordance with the
           opinion of the Committee , or if no opinion is adopted , the
           Commission shall without delay propose to the Council the
           measures to be adopted .    The Council shall act by a qualified
           majority .
     c)    If , within three months of the proposal being submitted to it ,
           the Council has not acted , the proposed measures shall be
           adopted by the Commission .
 ---pagebreak---                                                                         6.
ARTICLE 11
1.    Member States shall brxng into force the laws , regulations and
      administrative provisions necessary to comply with this Directive
      within 18 months of its notification and shall forthwith inform the
      Commission thereof .
2.    Member States shall communicate to the Commission the texts of the
      provisions of national law which they adopt in the field covered by
      this Directive .
ARTICLE 12
 This Directive is addressed to the Member States .
 ---pagebreak--- ANNEX 1
List of Agents
Aerylonitr lie
Arsenic and compounds
Asbestos
Benzene
 Cadmium and compounds
Chlorinated solvents : - Carbon tetrachloride
                         Chloroform
                         Paradichlorobenzene
                         1,1 , 1-Tr ichloroethane
                         Tr ichloroethylene
 Lead and compounds
 Mercury and compounds
 Nickel and compounds
 Noise
 ---pagebreak--- ANNEX 2
Technical aspects
     sampling procedures and measuring methods ( including quality con­
     trol ) with respect to the limit values ;
-    the procedures for medical supervision prior to , during and after
     the end of exposure ;
-    procedures regarding the establishment and the keeping of records
     concerning : ambient and personal measurement results , lists of
     exposed workers , and results of medical supervision ;
     emergency measures , including the instruction of workers , and
     provisions for warning signs at workplaces where abnormal exposure.-
     to agents are likely to occur ;
-    collective and personal protection measures for certain operations
      ( e.g. servicing and repairs ) during which it cannot be guaranteed
     that concentrations or intensities of the agents will be kept below
     the limit values ;
     procedures regarding personal and general hygiene requirements ;
     signs to identify areas where significant exposure is likely to
     occur and to indicate the precautions which have to be taken .