CELEX: 51982PC0685
Language: en
Date: 1982-10-28
Title: Amended proposal for a Second Directive on the protection of workers from the risks related to exposure to agents at work: Asbestos (Submitted by the Commission to the Council pursuant to the second paragraph of Article 149 of the EEC Treaty)

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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                                      COM(82)685 final
                                     '     - 'i-                      Brussels , 28 October 1982
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                      }v          ^ _            Amended proposal for a
                      V            \                 Second Directive
                             •  -
                     .'on the protection of workers from the risks related to exposure
                       to agents at work :              Asbestos
                       ( Submitted by the Commission to the Council pursuant to the
                    ^ second paragraph of Article 149 of the EEC Treaty )
    C OM ( 82 )'■ 685 f i na t
 ---pagebreak---       Amended proposal for a second directive on the protection of workers
           from the risks related to exposure to agents at work : Asbestos
       ( Submitted by the Commission to the Council pursuant to the second
        paragraph of Article 149 of the EEC Treaty)
              ORIGINAL PROPOSAL                           AMENDED PROPOSAL
                                  Article 1 unchanged
                  Article 2                                    Article 2
For the purpose of this Directive ,          For the purpose of this Directive :
asbestos means any of the following          1 . Asbestos means any of the following
fibrous silicates :                                fibrous silicates :
  Actinolite , CAS number 13768 -00- 8,            Actinolite , CAS number 77536 - 66 - 4*
  Amosite , CAS number 12172 -73 -5,               Amosite , CAS number 12172 - 73 - 5*
  Anthophyllite , CAS number 17068- 78- 9,         Anthophyllite , CAS number 77536 -67 -5*
  Chrysotile , CAS number 12001 - 29 - 5,          Chrysotile , CAS number 12001 -29 - 5,
  Crocidolite , CAS number 12001- 28 - 4,          Crocidolite , CAS number 12001- 28 -4,
  Tremolite , CAS number 14567 -73 - 8,            Tremolite , CAS number 77536 -68 -6*
or any mixture containing any one or          or any mixture containing any one or
more of the foregoing .                       more of the foregoing .
                                               2 . Measurement means sampling and
                                                   analysis . For the purposes of
                                                   analysis , the definition of fibres
                                                   is given in Annex 11.10 .
                  Article 3                                    Article 3
This directive shall apply to workers          1 . This directive shall apply to
exposed to asbestos at work , including             workers exposed to asbestos at work ,
those exposed where asbestos is                     including those exposed where asbestos
extracted , manipulated , treated ,                is extracted , manipulated , treated ,
transformed , loaded , unloaded , applied          transformed , loaded , unloaded , applied ,
removed or demolished , and exposed                removed or demolished , and exposed
to any other process which involves                to any other process which involves
the manufacture of articles comprised              the manufacture of articles comprised
wholly or partly of asbestos .                     wholly or partly of asbestos .
                                               2 . For the purpose of this directive ,
                                                   a worker shall be deemed to be exposed
                                                   to asbestos if , during a 40-hour week ,
                                                   he is exposed for longer than a total
                                                   of 4 working hours to a concentration
                                                   of more than 0.1 fibres /ml of blue
                                                   asbestos or 0.5 fibres/ml of any other
                                                   type of asbestos in the air at his
                                                   place of work .
 ---pagebreak---               ORIGINAL PROPOSAL                           AMENDED PROPOSAL
                  Article 4                                    Article 4
                             Paragraph 1 and 2 unchanged
3 . Whenever possible the use of                  The marketing a nd use of crocidoli te
    crocidolite shall be avoided and               shall be authorized only in compl iance
    all measures shall be taken to                with point 5.1 in the Annex to
    reduce the amounts of crocidolite             Directive 76 / 769 /EEC rela ting to
    used at work to a minimum .                   restrictions on the marketing and
                                                  use of certain dangerous substances
                                                  and preparations ( asbestos ) .
                         Remainder of paragraph 3 unchanged
                  Article 5                                     Article 5
The manufacturing , processing ,             The extraction , processing , storage
storage and disposal of asbestos             and disposal of asbestos shall be the
other than crocidolite , shall be            subject of a notification system run by
the subject of a notification system         the relevant authority of the Member
run by the relevant authority of             State . Workers and their representatives
the Member State .   Workers and their       in undertakings or establishments shall
representatives in undertakings or           have access to the notification
establishments shall have access to          concerning their own undertaking or
the notification concerning their            establishment .
own undertaking or establishment .
                  Article 6                                     Article 6
The entry of asbestos into the air           The entry or respirable asbestos fibres
at work shall be reduced to the              into the air at work shall be reduced
minimum that is reasonably practi­           to the minimum that is reasonably prac­
cable .   The measures to be taken           ticable .  The measures to be taken shall
shall include the following :                include the following :
                          Remainder of Article 6 unchanged
                  Article 7                                     Article 7
The areas in which the activities            The areas m wnich the activities and
referred to in Article 3 take place          level of exposure referred to in
shall be :                                   Article 3 take place shall be :
                          Remainder of Article 7 unchanged
                  Article                                       Article
    Sampling of asbestos in air shall    1 . Sampling of asbestos in air shall be
    be planned and carried out               planned and carried out regularly ana
    regularly and shall be represen­         shall be representative of worker
    tative of worker exposure . Personal     exposure . Personal samplers using
     samplers sampling at a rate of          membrane filters shall be the reference
    1 litre/minute and using membrane        sampling method ■,   other sampling methods
    filters shall be the reference           giving equivalent results may be used .
    sampling method ; other sampling
    methods giving equivalent results
    may be used .
                            Paragraphs 2 to 6 unchanged
 ---pagebreak---               ORIGINAI. PRQPOSAL                           AMriWUEiiJ PRUPUùmij
                                            3 -
                                             Paragraph 7 deleted
                          Paragraphs 8 to 11 change to 7 to 10
                                             Paragraph 11 .    Measurements shall be carried out
                                                   in accordance with the reference
                                                  method given in Annex II to this
                                                  Directive .
                                   Article 9 unchanged
                 Article 10                                    Article 10
Where a total sampling period of four       Where a total sampling period of four
hours or less is used to measure            hours or less is used to measure
asbestos in the air at work , compliance    asbestos in the air at work , the limit
with the^limit values laid down in          values laid down in Article 9 shall
Article 9 can be considered as being        apply on the same basis , i.e. for a
assured if the results of analysis          period of four hours or less :
are below :
                            Remainder of Article 10 unchanged
                                  Article 11 unchanged
                   Article 12                                   Article 12
 Where the limit values laid down in         Where the limit values laid down in
 Article 9 are exceeded or it is fore­       Article 9 are exceeded or it is fore­
 seen that they will be exceeded             seen that they will be exceeded
 a ) the relevant authority of the           a ) the relevant authority of the
     Member State , workers and/or               Member States , workers and/or
     their representatives in under­             their representatives in under­
     takings or establishments shall             takings or establishments shall
     be informed ,                               be informed ,
 b ) workers shall be issued with per­       b ) workers shall be issued with per­
     sonal protective equipment of an            sonal protective equipment ,
     approved type which shall be worn ,         approved by the responsible authorities
     and                                         which shall be worn , and
 c ) warning signs shall be put up .         c ) warning signs shall be put up .
                         Articles 13 and 14 unchanged
                   Article 15                                   Article 15
 1 . No worker shall be exposed for the      1 . No worker shall be exposed for the
     first time or continue to be exposed        first time or continue to be exposed
     to a risk of ill health from inhaling       to inhaling asbestos at work if ,
     asbestos at work if it is considered        following a medical check , it is
     that following an assessment of his         considered that this could lead to a
     health such a risk is contra-indicated      deterioration in his health .   This
     This assessment shall :                     medical check shall :
                          Articles 15.1 a) and 15.1 b) unchanged
                                                 c ) list other possible toxic subs­
                                                     tances with which he has come
                                                     into contact .
                              Paragraphs 2 and 3 unchanged
 ---pagebreak---          ORIGINAL PROPOSAL                           AMANDED PROPOSAL
            Article 16                                  Article 16
                        Paragraphs 1 and 2 unchanged
Working or protective clothing shall         3 . Working or protective clothing shall
remain at work , it may however be               remain at work , it may however be
transferred elsewhere in closed                  transferred elsewhere in closed-
impermeable containers marked as                 impermeable containers marked as
containing asbestos to be laundered              containing asbestos to be laundered
in special facilities                            in special facilities within the
                                                 undertaking .
                                                 Should no special laundry exist
                                                 in the undertaking for the washing
                                                 of working clothes , this work shall
                                                 be contracted out to a specialized
                                                 firm which must be advised in
                                                 writing and in advance of the risks
                                                 involved , so that identical pre­
                                                 cautions may be taken for its
                                                 employees as for the workers
                                                 working with asbestos .
            Article 17                                  Article 17
Workers shall be adequately                  1 . Workers shall be adequately
instructed for the work they are                 instructed for the work they are
to carry out . Such instruction                  to carry out and about the risks
shall include :                                  involved .   Such instructions
                                                 shall include :
                    Articles 17.1 a) and   . 1 b) unchanged
                                             2 . The information shall be updated on
                                                 the basis of scientific findings .
                     Paragraph 2 changes to Paragraph 3
            Article 18                                  Article 18
The relevant authority of the                deleted
Member State shall collect the
statistics of all workers ' sickness
absences attributed to asbestos ,
which last longer than three days .
                                             1.    Forms of lung cancer caused by
                                                   asbestos shall be regarded
                                                   unconditionally as occupational
                                                   diseases .
                         Paragraph 2 and 3 unchanged
                         Articles 19 to 21 unchanged
 ---pagebreak---               ORIGINAL PROPOSAL                               AMENDED PROPOSAL
                    ANNEX                                           ANNEX 1
                                   Point 1 unchanged
2 . Succinct description by the                     2 . Succinct description by the
    applicant or notifier of :                          applicant or notifier of :
    a ) types and amounts of                            a ) types and amounts of asbestos
        asbestos used :                                      used in the production process
                                                             or present in the factory in
                                                             other forms :
                          Subparagraphs ( b ) to ( d ) unchanged
3 . Other dangerous substances used                 3 . Other substances used which are
                                                        toxic or otherwise a danger to
                                                        health .
                               Points 4 to 6 unchanged .
                                                                   ANNEX II
                                                    Technical specifications governing
                                                    the reference method for the
                                                    measurement of asbestos in air at
                                                    the workplace which defines the
                                                    quantitative meaning of the limit
                                                    values given in Article 9 of this
                                                    Directive .
                                                    1.     Sampling requirements
                                              1.1   Samples shall be taken within the '
                                                    individual worker 's breathing zone :
                                                    i.e. within a hemisphere of 300 mm
                                                    radius extending in front of the face
                                                    and measured from the mid-point of a
                                                     line joining the ears .
                                              1.2   Membrane filters ( mixed esters of
                                                    cellulose or cellulose nitrate ) of pore
                                                     size 0.8 to 1.2 microme tre with printed
                                                     squares and a diameter of 25 mm shall
                                                    be used .
                                              1.3   An open-faced filter holder fitted with
                                                     a cylindrical metal cowl extending
                                                    between 33mm and 44mm in front of the
                                                     filter exposing a circular area of
                                                     at least 20 mm in diameter shall be
                                                     used .    In use , the cowl shall point
                                                     downwards .
                                              1.4 . A portable battery-operated pump carried
                                                     on the worker ' s belt or in a pocket
                                                     shall be used .     The flow shall be smooth
                                                     and the rate initially set at 1.0 1 /min
                                                     + 5% .    The flow rate shall be maintained
 ---pagebreak--- ORIGINAL PROPOSAL              AMENDED PROPOSAL
                      with +. 10% of the initial rate during
                      the sampling period .
                  1.5 The sampling time shall be measured
                      to within 2% .
                      2.    Analysis requirements
                  2.1 The optimal fibre- loading on filters     ^
                      shall be in the range 100-400 fibres/mm .
                  2.2 The whole filter shall be placed on a
                      microscope slide , made transparent using
                      the acetone-triacetin method , and covered
                      with a glass coverslip .
                  2.3 A binocular microscope shall be used for
                      counting and shall have the following
                      features :
                      - koehler illuminations
                      - its substage assembly shall incorporate
                          an Abbe or achromatic phase-contrast
                          condenser in a centring focussing mount .
                          The phase contrast centring adjustment
                          shall be independent of the condenser
                          centring mechanism ;
                      - a 40 times par-focal positive phase
                          contrast achromatic objective with a
                          numerical aperture of 0.65 - 0.70 and
                          phase ring absorption in the range
                          65 - 85% ;
                      - 12.5 times compensating eyepieces ; at
                          least one eyepiece must permit the
                          insertion of a graticule and be of the
                          focussing type ;
                      - a Walton-Beckett circular eyepiece
                          graticule with an apparent diameter in
                          the object plane of 100 micrometres ±. 2
                          micrometre when using the specified
                          objective and eyepiece checked against
                          a stage micrometre .
                  2.4 The microscope shall be set up according
                       to the manufacturer 's instructions , and
                       the detection limit checked using a
                       " phase contrast test slide ". Up to Code 5
                       on the AIA test slides or up to block 5
                       on the HSE/NPL Mark 2 test slide must
                       be visible when used in the way specified
                       by the manufacturer .   This procedure
                       shall be carried out at the beginning
                       of the day of use .
 ---pagebreak---                     _α-
  ORIGINAL PROPOSAL                 AMENDED PROPOSAL
                     2.5   Samples shall be counted in accordance
                           with the following rules :
                         -a countable fibre shall be any object
                           which is longer than 5 micrometres with
;
                           a breadth of less than 3 micrometres
                           and a length/breadth ratio of more than
                           3 / 1 . Counting of fibres shall be
                           carried out by means of optical
                           microscopes using phase contrast .
                         - a countable fibre with both ends within
                           the graticule area shall be counted as
                           one fibre : a fibre with only one end
                           within the area shall count as half ?
                         -graticule areas for counting sha ll be
                           chosen at random within the exposed
                           area of the filter ;
                         - an agglomerate of fibres which at one
                           or more points on its length appear s
                           to be solid and undivided but at other
                           points appears to divide into separate
                           strands (a split fibre ) is one countable
                           fibre if it meets the above definition
                           the diameter being measured across the
                           undivided part , not the spli t gar t ;
                         - in any other agglomerate of f ibres in
                           which individual fibres touch or cross
                           each other (a bundle ) , these fibres
                            shall be counted individually if they
                           can be distinguished suffic iently to
                           determine that they meet the above
                           definition .    If no individual fibres
          N.
                           meeting the definition can be
                           d istinguished , the bundle is a
                           countable fibre if as a whole it meets
                            the above definition ?
                          - if more than one-eighth of a grat icule
                            area is covered by an agglomerate of
                            fibres and /or particles , the graticule
                            area must be rejected and another
                            counted ;
                          - 100 fibres shall be counted with a
                            minimum of 20 graticule areas examined
                            or 100 graticule areas examined .
 ---pagebreak---                   -8-
ORIGINAL PROPOSAL                 AMENDED PROPOSAL
                  2.6 . The mean number of fibres per graticule
                        is calculated by dividing the number
                        of fibres counted by the number of
                        graticule areas examined . The
                        contribution to the count due to
                        mar 3c s on the filter and contamination
                        shall" be kept below 3 fibres/ 100 graticule
                        areas and shall be assea using
                        blank filters .
                        Concentration in air = ( number per
                        graticule area x exposed area of
                         filter ) / ( graticule area x volume of
                        air collected ) .