CELEX: 51986PC0296
Language: en
Date: 1986-05-30
Title: PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING DIRECTIVE 80/1107/EEC ON THE PROTECTION OF WORKERS FROM THE RISKS RELATED TO EXPOSURE TO CHEMICAL, PHYSICAL AND BIOLOGICAL AGENTS AT WORK

No C 164/4                                   Official Journal of the European Communities                                    2.7.86
                                                                    II
                                                            (Preparatory Acts)
                                                       COMMISSION
                Proposal for a Council Directive amending Directive 80/1107/EEC on the protection of
                  workers from the risks related to exposure to chemical, physical and biological agents at work
                                                           COM(86) 296 final
                                      (Submitted by the Commission to the Council on 9 June 1986)
                                                              (86/C 164/04)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                functioning of the common market, should be approx-
                                                                        imated and improved; whereas this approximation and
                                                                        improvement should be based on common principles;
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 100
thereof,                                                                Whereas the said protection should as far as possible be
                                                                        ensured by measures to prevent exposure or keep it at as
                                                                        low a level as in reasonably practicable;
Having regard to the proposal from the Commission,
                                                                        Whereas to this end it is appropriate that the Members
                                                                        should, when they adopt provisions in this field, comply
Having regard           to   the    opinion   of  the   European        with a set of requirements including in particular the
Parliament,                                                             laying down of limit values; whereas an initial list of
                                                                        limit values for agents is to be adopted in this Directive;
Having regard to the opinion of the Economic and
Social Committee,                                                       Whereas for certain agents the limit values together with
                                                                        other specific requirements will be laid down in
                                                                         individual Directives;
Whereas for improved protection of workers with
respect to chemical, physical and biological agents at
                                                                        Whereas representatives of employers and workers have
work, it is necessary to strengthen the provisions
                                                                         a role to play in the protection of workers,
contained in Council Directive 80/1107/EEC ( J );
Whereas the Council resolution of 27 February 1984 on                    HAS ADOPTED THIS DIRECTIVE:
a second programme of action of the European
Communities on safety and health at work (2), provides
                                                                                                    Article 1
for the harmonization of provisions and measures
regarding the protection of workers with respect to                      Directive 80/1107/EEC is hereby amended as follows:
 chemical, physical and biological agents; whereas efforts
 must therefore be made towards approximation, while
 the improvement is being maintained, of relevant laws,                   1. Article 2 is replaced by the following:
 regulations and administrative provisions of the Member
 States in accordance with Article 117 of the Treaty;                        Article 2
                                                                             For the purposes of this Directive:
Whereas certain differences are revealed by an exam-
 ination of the measures taken by Member States to
 protect workers from the risks related to exposure to                       (a) agent means any chemical, physical or biological
 chemical, physical and biological agents at work;                               agent present at work and likely to be harmful to
 whereas therefore, in the interests of balanced                                 health;
 development, these measures, which directly affect the
                                                                             (b) dust means airborne solid particles that have a size
                                                                                 range of 0,1 to 25 micrometres in diameter, and
 C) OJ No L 327, 3. 12. 1980, p. 8.                                              which is produced by a physical process involving
 (2) O J N o C 6 7 , 8. 3.1984, p. 2.                                            solid materials;
 ---pagebreak--- 2. 7. 86                                  Official Journal of the European Communities                                No C 164/5
    (c) fume means airborne solid particles that have a                      (e) A new assessment shall be made where:
         size range of 0,01 to 5 micrometres, and which is                       — there is reason to believe that the previous
         produced by the condensation of an agent from                               assessment is incorrect, or
         the gaseous state;
                                                                                 — there is a material change in the work to
    (d) gas means any aeriform fluid that can be changed                             which the assessment relates;
         to a liquid or solid state only by the combined
                                                                             (f) Appropriate measures shall be taken to ensure
         effect of increased pressure and decreased
                                                                                 that workers and their representatives in
         temperature. It consists of molecules;
                                                                                 undertakings or establishments, can check the
    (e) limit value means the exposure limit or biological                       application of these provisions.'
         indicator limit in the appropriate medium,
         depending on the agent;                                         Point 9 is replaced by the following:
    (f) mist means suspended liquid droplets which are                   '9. Appropriate measures shall be taken by the
         produced when there is condensation of an agent                     employer to ensure that workers and their repre-
         from the gaseous to the liquid state, or by the                     sentatives in undertakings or establishments
         dispersion of a liquid;                                             receive adequate information on the agents listed
                                                                             in Annex IV concerning:
    (g) vapour means the gaseous form of an agent which
                                                                             (a) potential risks to their health and safety;
         is at normal temperature and pressure usually in a
         liquid or solid state. It can be entirely condensed                 (b) risk assessment procedures used in accordance
         to these states by either increasing the pressure                       with point 4 (a) and (b), the existence of a
         and/or decreasing the temperature. It consists of                       limit value and the need to carry out
         molecules;                                                              measurements;
    (h) worker means any employed person exposed or                          (c) hygiene requirements;
         likely to be exposed to such agents at work.'                       (d) wearing and use of protective clothing and
                                                                                 equipment;
2. Article 4 is amended as follows:
                                                                             (e) training of workers, especially rescue workers,
    Point 4 is replaced by the following:                                        in case of incidents.'
    '4. (a) In the case of any activity likely to involve a
                                                                     3. The following is added to Annex III:
              risk of exposure to any of the agents listed in
             Annex IV, an assessment of this risk must be                '9. Scientific evaluation of the data used to establish
              made in such a way as to determine the nature                  occupational exposure limit values in so far as this
              and degree of the workers' exposure;                           has no effect on the quantitative significance of
                                                                             these limit values.'
         (b) If the assessment shows that the concentration
              of the agent, in the absence of any individual
                                                                     4. Annexes I and II to this Directive are added as
              protective equipment, is liable to exceed one-
                                                                         Annexes IV and V respectively.
              fifth of the limit value, measurements shall be
              carried out in accordance with the reference
              method described in Annex V, or any other                                          Article 2
              method giving equivalent results;
                                                                      1.    Member States shall adopt the laws, regulations
         (c) For all the activities referred to in sub-              and administrative provisions necessary to comply with
              paragraph (a), workers' exposure must be               this Directive before 1 January 1988. They shall
              reduced to as low a level as is reasonably             forthwith inform the Commission thereof.
              practicable by means other than by the
              provision of individual protective equipment;           2.    Member States shall communicate to the
                                                                      Commission the provisions of national law which they
         (d) When a limit value laid down in Annex IV is              adopt in the field covered by this Directive.
              exceeded, the reasons for the limit being
              exceeded must be identified and appropriate                                         Article 3
              measures to remedy the situation must be
              taken as soon as possible;                              This Directive is addressed to the Member States.
 ---pagebreak--- No C 164/6                                 Official Journal of the European Communities                                      2. 7. 86
                                                                 ANNEX I
                                                   'Annex IV to Directive 80/1107/EEC
                                    LIST OF OCCUPATIONAL EXPOSURE LIMIT VALUES
                              (to which reference is made in Article 1, points 3.1. a), 3.1. d), and 3.2)
                                                                                                    Limit value Excursion
            CAS (') No                   Name of agent                                Formula     time weighted limit value
              of agent                                                                             over 8 hours
               64-19-7    Acetic acid                                    CH3COOH                         25          125
              108-24-7    Acetic anhydride                               (CH3CO)20                       20            20
               67-64-1    Acetone                                        CH3COCH3                    2 400        12 000
               75-05-8    Acetonitrile                                   C2H3N                           70          350
                50-78-2   Acetyl salicylic acid                          CH3COOQH4COOH                     5           25
            7429-90-5     Aluminium metal and oxide                      Al; A1 2 0 3                    10            50
            7664-41-7     Ammonia                                        NH3                             18            90
              628-63-7    n-Amyl acetate                                 CH3COOC5Hn                    530         2 650
            7440-39-3     Barium soluble compounds (Ba)                  Ba                                0,5           2,5
            7726-95-6     Bromine                                        Br2                               0,7           3,5
            1305-62-0     Calcium hydroxide                              Ca(OH) 2                          5           25
            1305-78-8     Calcium oxide                                  CaO                               5           25
             1333-86-4    Carbon black                                   C                                 3,5         17,5
              124-38-9    Carbon dioxide                                 co2                         9 000        45 000
              630-08-0    Carbon monoxide                                CO                              55          275
            7782-50-5     Chlorine                                       Cl 2                              3           15
              108-90-7    Chlorobenzene                                  QH5CI                          350        1 750
            7440-50-8     Copper dusts and mists                         Cu                                1             5
            7440-50-8     Copper fumes                                   Cu                                0,2           1
             1319-77-3    Cresol (all isomers)                           CH3QH4OH                        22           110
              420-04-2    Cyanamide                                      H2NC = N                          2           10
              151-50-8
                          Cyanides (as CN)                               CN                                5             5
              143-33-9
              110-82-7    Cyclohexane                                    QH]2                         1 050        5 250
              108-93-0    Cyclohexanol                                   C6HuOH                         200        1 000
              108-94-1    Cyclohexanone                                  C6H10O                         200        1 000
                94-75-7   2,4-D                                          C6H3Cl2OCH2COOH                 10            50
              333-41-5    Diazinon                                       C12H21N203PS                      0,1           0,5
              109-89-7    Diethylamine                                   (C 2 H 5 ) 2 NH                 75           375
                60-29-7   Diethyl ether                                  C2H5OC2H3                    1 200        6 000
                64-17-5   Ethanol                                        C2H5OH                       1 900        9 500
              141-43-5    Ethanolamine                                   NH2CH2CH2OH                       8           40
              141-78-6    Ethyl acetate                                  CH3COOQH5                    1 400        7 000
              107-21-1    Ethylene glycol (particulate)                  CH2OHCH2OH                       10           50
               107-21-1   Ethylene glycol (vapour)                       CH2OHCH2OH                     250         1 250
               107-15-3   Ethylenediamine                                NH2CH2CH2NH2                    25           125
                64-18-6   Formic acid                                    HCOOH                             9           45
                56-81-5   Glycerol (mist)                                CH2OHCHOHCH2OH                   10 '         50
               142-82-5   n-Heptane                                      C/Hi6                        1 600        8 000
               110-54-3   n-Hexane                                       C6H14                          360         1 800
           10035-10-6     Hydrogen bromide                                HBr                             10            10
             7647-01-0    Hydrogen chloride                               HO                               7             7
             7664-39-3    Hydrogen fluoride                               HF                               2            10
             7722-84-1    Hydrogen peroxide                               H202                              1,4          7
             7783-06-4    Hydrogen sulphide                               H2S                             15            75
               123-31-9   Hydroquinone                                    C 6 H 4 (OH) 2                   2            10
             7553-56-2    Iodine                                          I2                                1             1
             1309-37-1    Iron oxide (fume)                               Fe203                             5           25
             1309-37-1    Iron salts (as Fe)                              Fe                                1             5
           (') Number in the register of the Chemical Abstract Service (CAS).
 ---pagebreak--- 2. 7. 86                                Official Journal of the European Communities                                 No C 164/7
                                                                                            Limit value Excursion
          CAS (') No                   Name of agent                              Formula time weighted limit value
             of agent                                                                      over 8 hours
          7580-67-8     Lithium hydride                                LiH                      0,025          0,125
           1309-48-4    Magnesium oxide fume (as Mg)                   MgO                    10             50
          7439-96-5     Manganese compounds (as Mn)                    Mn                       5              5
              67-56-1   Methanol                                       CH3OH                 260          1 300
              91-20-3   Naphtalene                                     C!0Hg                  50            250
              54-11-5   Nicotine                                       C10H14N2                 0,5            2,5
          7697-37-2     Nitric acid                                    HNO3                     5            25
              98-95-3   Nitrobenzene                                   C6H5N02                  5            25
         10102-44-0     Nitrogen dioxide                               N02                      9            45
         10102-43-9     Nitrogen monoxide                              NO                     30            150
             144-62-7   Oxalic acid                                    COOHCOOH                 1              5
         10028-15-6     Ozone                                          O3                       0,2            1
             108-95-2   Phenol                                         C6H5OH                 19             95
          7664-38-2     Phosphoric acid                                H3PO4                    1              5
          7723-14-0     Phosphorus yellow                              P4                       0,1            0,5
         10025-87-3     Phosphorus oxychloride                         POCI3                    3            15
         10026-13-8     Phosphorus pentachloride                       PCI5                     1              5
           1314-80-3    Phosphorus pentasulphide                       P2S5                     1              5
           1314-56-3    Phosphorus pentoxide                           P2O5                     1              5
          7719-12-2     Phosphorus trichloride                         PCI3                     3            15
              88-89-1   Picric acid                                    HOC6H2(N02)3             0,1            0,5
           7440-06-4    Platinum (metal)                               Pt                       1              5
          7440-06-4     Platinum (soluble salts)                       Pt                       0,002          0,01
           1310-58-3    Potassium hydroxide                            KOH                      2              2
           8003-34-7    Pyrethrum                                      C21H2803                 5            25
             110-86-1   Pyridine                                       C5H5N                  15             75
         14808-60-7     Quartz respirable                              Si02                     0,1            0,5
             108-46-3   Resorcinol                                     C 6 H 4 (OH) 2         45            225
           7631-86-9    Silica amorphous                               Si02                     6            30
           7631-86-9    Silica amorphous respirable
                         < 5 urn in size                               Si0 2                    3            15
         60676-86-0     Silica fused                                   Si0 2                    0,3            1,5
           7440-21-3    Silicon < 1 % quartz                           Si                     10             50
             409-21-2   Silicon carbide «S 1 % quartz                  SiC                     10            50
           7803-62-5    Silico tetrahydride                            SiH 4                    0,7            3,5
           7440-22-4    Silver metal (as Ag)                           Ag                       0,01           0,05
           7440-22-4    Silver soluble compounds (as Ag)               Ag                       0,01           0,05
           1310-73-2    Sodium hydroxide                               NaOH                     2              2
              57-50-1   Sucrose                                        Ci2H22On                10            50
           7446-09-5    Sulphur dioxide                                so2                      5            25
           7664-93-9    Sulphuric acid                                 H2S04                     1             5
         14807-96-6     Taic non asbestiform total dust                                        10            50
         14807-96-6     Talc non asbestiform respirable                   —                      1             5
             109-99-9   Tetrahydrofuran                                (C2H4)20              590          2 950
           7440-31-5    Tin inorganic compounds (as Sn)                Sn                       2             10
         13463-67-7     Titanium dioxide                               Ti02                     6            30
             108-88-3   Toluene                                        C6H5CH3               375          1 875
               76-03-9  Trichloroacetic acid                           CCI3COOH                  1             5
           8006-64-2    Turpentine                                     Ci 0 H 1 6            560          2 800
               81-81-2  Warfarin                                       Ci9H1604                 0,1            0,5
            1330-20-7   Xylene (all isomers)                           C 6 H 4 (CH 3 ) 2     435          2 175
           7646-85-7    Zinc chloride fume                             ZnCl 2                    1             5
           1314-13-2    Zinc oxide fume                                ZnO                      5            25
         (') Number in the register of the Chemical Abstract Service (CAS).'
 ---pagebreak--- No C 164/8                              Official Journal of the European Communities                                 2.7.86
                                                              ANNEX    II
                                                 'Annex V to Directive 80/1107/EEC
           Reference method referred to in Article 4 point 4 for the measurement of workers' exposure to the agents
                                                          listed in Annex I
           1. Employers shall have adequate monitoring procedures suitable for measuring regular, occasional or
              infrequent exposure such that sampling is representative of the personal exposure of workers, and such
              sampling shall be carried out by suitably experienced personnel.
           2. Where groups of workers are performing identical or similar tasks at the same place and are thus being
              exposed to the same health risk, sampling may be carried out on a group basis, such that it is
              representative of the group.
           3. Workers' exposure shall be measured as a general rule every three months and, in any case, whenever a
              technical change results in increased exposure.
           4. The frequency of measurements may be reduced to once a year where:
              — there is no substantial change in conditions at the place of work, likely to lead to a change of
                  workers' exposure, and
              — the results of the two preceding measurements performed at a suitable time interval have not
                  exceeded one-third of the limit value laid down in Annex IV to this Directive.
           5. For the analysis of the agents listed in Annex IV to this Directive, the appropriate ISO or European
              Communities method should be used, where such a method exists.
           6. The accuracy of the method shall be such that it has a confidence limit of 95 %.
           7. The method referred to in paragraph 5 of this Annex may be adapted to technical progress in
              accordance with the procedure set out in Article 10 of Directive 8 0 / 1 1 0 7 / E E C