CELEX: 51989PC0405
Language: en
Date: 1989-07-28
Title: AMENDED PROPOSAL FOR A COUNCIL DIRECTIVE ON THE PROTECTION OF WORKERS FROM THE RISKS RELATED TO EXPOSURE TO CARCINOGENS AT WORK

N o C 229/8                          Official Journal of the European Communities                                  6. 9. 89
                                                              II
                                                       (Preparatory Acts)
                                                  COMMISSION
               Amended proposal for a Council Directive on the protection of workers from the risks related
                                            to exposure td carcinogens at work (')
                                                COM(89) 405 final — SYN 110
               (Submitted by the Commission pursuant to Article 149(3) of the EEC Treaty on 2 August 1989)
                                                        (89/C 229/06)
              (') OJ No C 34, 8. 2. 1988, p. 9.
 Sixth individual Directive within the meaning of Article 8        Individual Directive within the meaning of Article 16 of
                 of Directive 80/1107/EEC                                            Directive 89/391/EEC
                     ORIGINAL PROPOSAL                                                 AMENDED PROPOSAL
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          THE COUNCIL OF THE EUROPEAN COMMUNITIES,
 Having regard to the Treaty establishing the European            unchanged
Economic Community, and in particular Article 118 A
thereof,
Having regard to the proposal from the Commission,
drafted following consultation with the Advisory
Committee on safety, hygiene and health protection at
work,
In cooperation with the European Parliament,
Having regard to the opinion of the Economic and
Social Committee,
Whereas, pursuant to Article 118 A of the Treaty, the            Whereas Article 118 A of the Treaty provides that the
Council shall adopt, by means of a Directive, minimum             Council shall adopt, by means of a Directive, minimum
requirements in order to encourage improvements,                  requirements in order to encourage improvements,
especially in the working environment, as regards the             especially in the working environment, so as to
health and safety of workers;                                     guarantee better protection of the health and safety of
                                                                 workers,
 ---pagebreak--- 6. 9. 89                               Official Journal of the European Communities                             No C 229/9
                      ORIGINAL PROPOSAL                                               AMENDED PROPOSAL
Whereas the Council resolution of 27 February 1984 on            unchanged
a second action programme of the European
Communities on safety and health at work (') provides
for the development of protective measures for workers
exposed to carcinogens;
                                                                 Whereas the communication from the Commission on its
                                                                 programme concerning safety, hygiene and health at
                                                                 work (2) provides for the adoption of directives to
                                                                  guarantee the safety and health of workers;
Whereas Council Directive 80/1107/EEC of 27                      Whereas this Directive is an individual Directive within
November 1980 on the protection of workers from the               the meaning of Article 16 of the Council Directive
risks related to exposure to chemical, physical and bio-          89/391/EEC of 12 June 1989 (4) on the introduction of
logical agents at work (J) laid down such principles              measures to encourage improvements in the safety and
which have to be taken into account for such protection;          health of workers at work; whereas the provisions of the
                                                                  latter are therefore fully applicable to the exposure of
                                                                  workers to carcinogens, without prejudice to more
                                                                  stringent and/or specific provisions contained in the
                                                                  present Directive;
Whereas, under the terms of the said Directive, such              deleted
protection should as far as possible be ensured by
measures to prevent exposure or to keep it at as low a
level as is reasonably practicable;
Whereas Council Directive 67/548/EEC of 27 June                   unchanged
 1967 on the approximation of laws, regulations and
administrative provisions relating to the classification,
packaging and labelling of dangerous substances contains
a list of dangerous substances (5), together with
particulars of the classification and labelling procedures
in respect of each substance; whereas this list has been
adapted in the light of present scientific and technical
knowledge, most recently by Directive 87/432/EEC ( 6 );
                                                                  Whereas Council Directive 88/379/EEC of 7 June 1988
                                                                  on the approximation of the laws, regulations and admi-
                                                                  nistrative provisions relating in the classification,
                                                                  packaging and labelling of dangerous (7) preparations
                                                                  contains a list of dangerous preparations, together with
                                                                  particulars of the classification and labelling procedures
                                                                   in respect of each preparation;
 ;•) OJ No C 67, 8. 3. 1984, p. 2.
 ;2) OJ No  C 28, 3. 2. 1988, p. 3.
 ;J) OJ No  L 327, 3. 12. 1980, p. 8.
 ;4) OJ No  L 183, 29. 6. 1989, p. 1.
 ;s) OJ No  196, 16. 8. 1967, p. 1.
 [•) OJ No  L 239, 21. 8. 1987, p. 1.
 ;7) OJ No  L 187, 16. 7. 1988, p. 14.
 ---pagebreak---  No C 229/10                         Official Journal of  European Communities                                 6. 9. 89
                     ORIGINAL PROPOSAL                                           AMENDED PROPOSAL
Whereas the proposal for a plan of action 1987 to 1989      unchanged
contained in the "Europe against cancer" (') programme
provides for Directives for the protection of workers
against carcinogenic substances;
Whereas, although current scientific knowledge is not       unchanged
such that a level can be established below which risks to
health cease to exist, a reduction in exposure to carci-
nogens will nonetheless reduce these risks;
                                                            Whereas the annexes to this Directive should be
                                                            reviewed and adapted every two years in the light of
                                                            scientific and technical progress;
Whereas employers must keep abreast of new deve-            unchanged
lopments in technology with a view to improving the
protection of workers' health and safety;
Whereas preventive measures should be taken for the         Whereas preventive measures must be taken for the
protection of the health and safety of workers exposed      protection of the health and safety of workers exposed
to carcinogens;                                             to carcinogens;
                                                            Whereas, since most carcinogens can harm foetuses, it is
                                                            particularly necessary to take all the requisite measures
                                                            to protect the health and safety of female workers who
                                                            are exposed to these substances;
Whereas it is necessary, in order to ensure the highest     Whereas, in particular in order to ensure a higher level
degree of protection reasonably practicable, that workers   of protection, it is necessary that workers and their
and their representatives be informed about the risks       representatives be informed about the risks which carci-
which carcinogens can pose for their health and about       nogens can pose for their health and about the measures
the measures necessary to lessen or eliminate those risks   necessary to lessen or eliminate those risks and that they
and that they should be in a position to ensure that the    should be in a position to check that the necessary
necessary protective measures are taken,                    protective measures are taken;
                                                            Whereas this Directive lays down particular requirements
                                                            specific to exposure to carcinogens,
HAS ADOPTED THIS DIRECTIVE:                                 HAS ADOPTED THIS DIRECTIVE:
                         Article 1                                                   Article 1
                       OBJECTIVE                            unchanged
1.    This Directive, which is the sixth individual         1.    This Directive, which is an individual Directive
Directive within the meaning of Article 8 of Directive      within the meaning of Article 16 of Directive
80/1107/EEC, has as its aim the protection of workers       89/391/EEC, has as its aim the protection of workers
against risks to their health and safety, including the     against risks to their health and safety, including the
prevention of such risks, arising or likely to arise from   prevention of such risks, arising or likely to arise from
exposure to carcinogens at work.                            exposure to carcinogens at work. It lays down particular
                                                            minimum provisions in this area.
(') JO No C 50, 26. 2. 1987, p. 1.
 ---pagebreak--- 6. 9. 89                             Official Journal of the European Communities                             No C 229/11
                    ORIGINAL PROPOSAL                                                AMENDED PROPOSAL
2.    This Directive shall not apply to workers:               unchanged
— engaged in sea transport and in air transport. For the       deleted
    purpose of this Directive 'workers engaged, in sea
    transport and in air transport' means personnel on
    board,
— exposed only to ionizing radiations.                         unchanged
                                                               3.     This Directive shall not affect the stricter measures
                                                               in the following Directives:
                                                               (a) Council Directive 78/610/EEC of 29 June 1978 on
                                                                    the approximation of the laws, regulations and
                                                                    administrative provisions of the Member States on
                                                                    the protection of the health of workers exposed to
                                                                    vinyl chloride monomer;
                                                               (b) Council Directive 83/477/EEC of 19 September
                                                                     1983 on the protection of workers from the risk
                                                                    related to exposure to asbestos at work (Second indi-
                                                                    vidual Directive within the meaning of Article 8 of
                                                                    Directive 80/1107/EEC);
                                                                (c) Council Directive 88/364/EEC of 9 June 1988 on
                                                                    the protection of workers by the banning of certain
                                                                    specified agents and/or certain work activities
                                                                    (Fourth individual Directive within the meaning of
                                                                    Article 8 of Directive 80/1107/EEC).
                                                               4.     Member States shall take the necessary steps to
                                                               ensure that employers, workers and workers' represen-
                                                               tatives are subject to the legal provisions necessary for
                                                               the implementation of this Directive.
                                                                5.    In particular, Member States shall ensure adequate
                                                                controls and supervision.
                         Article 2                                                        Article 2
                       DEFINITION                               unchanged
For the purposes of this Directive, a carcinogen is:           For the purposes of this Directive, a carcinogen is:
— a chemical agent as designated in Annex I by its             — a substance given the classification R45 ('may cause
    number in the Chemical Abstracts Service register,              cancer') in Annex I of Directive 67/548/EEC,
                                                                    a substance which, pursuant to Article 5 of Directive
                                                                    67/548/EEC, in the version in force, is considered to
                                                                    be carcinogenic,
                                                                    a preparation which, pursuant to Article 3 (5.j) of
                                                                    Council Directive 88/379/EEC of 7 June 1988, must
                                                                    be labelled R45 ('may cause cancer'),
 ---pagebreak--- No C 229/12                            Official Journal of the European Communities                                    6. 9. 89
                     ORIGINAL PROPOSAL                                                 AMENDED PROPOSAL
— an industrial process as designated in Annex II.               — a substance, preparation or process listed in Annex II,
                                                                      as well as a substance or a preparation produced as
                                                                      part of a process listed in Annex II.
                          Article 3                                                          Article 3
                       ASSESSMENT                                    SCOPE, DETERMINATION AND ASSESSMENT OR
                                                                                              RISKS
1.    This Directive shall apply to activities in which          unchanged
workers are or are likely to be exposed to carcinogens as
a result of their work.
2.    In the case of any activity or sector of activity likely   2.     In the case of any activity likely to involve a risk of
to involve a risk of exposure to carcinogens the risk must       exposure to carcinogens, the nature, degree and duration
be assessed in such a way as to determine the nature and         of the workers' exposure must be determined in order to
degree of the workers' exposure.                                 make it possible, to assess any risk to the workers' safety
                                                                 or health and to lay down the measures to be taken.
                                                                 3.     For the purposes of assessing these risks, the
                                                                 concentrations of carcinogens at the workplace shall be
                                                                 measured at annual intervals and the results recorded in
                                                                 writing. If these analyses show increasing levels of
                                                                 exposure, appropriate measures must be taken
                                                                 immediately to remove the danger. Furthermore, when
                                                                 assessing the risk, account shall be taken of all other
                                                                 cases of major exposure, such as those with harmful
                                                                 effects on the skin.
                                                                  4.    Pregnant women, mothers breastfeeding their
                                                                 babies and young persons under 18 years of age may, in
                                                                 principle, not be employed in areas in which they will
                                                                  come into contact with carcinogens.
                          Article 4                                                          Article 4
              PREVENTION OF EXPOSURE                             unchanged
1.    In the case of any activity or sector of activity likely    1.    In so far as a carcinogen cannot be replaced by
to involve a risk of exposure to a carcinogen the                 harmless or less dangerous substances, preparations or
exposure of workers shall be prevented in so far as is            processes, the production and use of this carcinogen
reasonably practicable, by ensuring that the production           shall be permitted only in a closed system.
and use of this carcinogen takes place in a closed system.
2.    Employers shall make the necessary arrangements             2.    Employers shall make the necessary arrangements
to identify any activity or sector of activity in which it is     to identify any activity or sector of activity in which it is
not reasonably practicable to use a closed system. In any         not technically possible to use a closed system. In all
case the exposure of workers must be reduced to as low            cases, the exposure of workers must be reduced to as
a level as is reasonably practicable in particular through        low a level as possible in the different undertakings in
the use of some or all of the following measures as               accordance with the current state of the art, in particular
appropriate:                                                      through the use of the following measures:
 ---pagebreak--- 6. 9. 89                               Official Journal of the European Communities                              No C 229/13
                      ORIGINAL PROPOSAL                                                 AMENDED PROPOSAL
(a) limitation of the use of a carcinogen at the place of         (a) limitation of the use of a carcinogen at the place of
     work, in particular by its replacement by another                 work, in particular by its replacement by another
     agent or process which is less dangerous to workers'              agent or process which is harmless or less dangerous
     health;                                                           to workers' health;
(b) limitation of the number of workers exposed or                (b) strictest possible limitation of the number of workers
     likely to be exposed;                                             exposed or likely to be exposed;
(c) design of work processes and engineering control              (c) design of work processes and engineering control
     measures so as to avoid or to minimize the release of             measures so as to avoid or to minimize the release of
     carcinogens into the place of work;                               carcinogens at the place of work;
(d) use of adequate measurement procedures for carci-             unchanged
     nogenic agents, in particular for the early detection
     of abnormal exposures due to an unforeseeable event
     or an accident;
(e) application    of  suitable working     procedures  and       unchanged
     methods;
(f) collective protection measures;                               unchanged
(g) individual protection measures, where exposure                (g) individual protection measures, where          exposure
     cannot reasonably be avoided by other means;                      cannot be avoided by other means;
(h) hygiene measures;                                             (h) hygiene measures, in particular cleaning of floors,
                                                                       walls and other surfaces;
(i) information for workers;                                      unchanged
(j) use of warning and safety signs including 'no                  (j) demarcation of risk areas and use of warning and
     smoking' signs in areas where workers are exposed                  safety signs including 'No smoking' signs in areas
     or likely to be exposed to carcinogens;                           where workers are exposed or likely to be exposed
                                                                        to carcinogens;
(k) surveillance of the health of workers;                         unchanged
(1) keeping of updated lists of workers exposed or likely          unchanged
     to be exposed, and of health surveillance records;
(m) emergency measures for abnormal exposures;                     unchanged
 (n) means for adequate safe storage, handling and trans-          (n) means for adequate safe storage, handling and trans-
      portation, in particular by using sealed and properly             portation, in particular by using sealed and clearly
      labelled containers;                                              and visibly labelled containers;
 (o) means for safe collection, storage and disposal of            (o) means for safe collection, storage and disposal of
      waste, including the use of sealed and properly                   waste products, including the use of sealed and
      labelled containers.                                              clearly and visibly labelled containers.
 ---pagebreak---   N o C 229/14                          Official Journal of the European Communities                            6. 9. 89
                       ORIGINAL PROPOSAL                                                AMENDED PROPOSAL
                            Article 5                                                       Article 5
 INFORMATION FOR THE COMPETENT AUTHORITIES                         unchanged
 For every activity referred to in Article 3 (1), employers        unchanged
 shall, when so requested, make available to the
 competent authorities appropriate information on:
 — the activities and/or industrial processes carried out,        (a) unchanged
      including the reasons for which carcinogens are used,
 — the quantities of substances or preparations manu-             (b) unchanged
     factured or used which contain carcinogenic agents,
 — the number of workers exposed,                                 (c) unchanged
 — the preventive measures taken,                                 (d).unchanged
— the type of protective equipment used.                          (e) unchanged
                                                                  (f) the nature and degree of exposure
                                                                  (g) the cases of replacement.
                           Article 6                                                       Article 6
                  ABNORMAL EXPOSURES                                           UNFORESEEABLE EXPOSURES
In the event of an unforeseeable event or an accident            In the event of an unforeseeable event or an accident
which is likely to result in an abnormal exposure of             which might result in an abnormal exposure of workers,
workers:                                                         the employer shall inform the workers. Until normal
                                                                 conditions are restored:
(a) only those workers who are required to take
     remedial action and carry out other necessary work          unchanged
     shall be permitted to work in the affected zone;
(b) the workers concerned shall be provided with
     protective clothing and individual respiratory              unchanged
     protective equipment which they must wear as long
     as the abnormal exposure persists; that exposure may
     not be permanent and shall be kept to the strict
     minimum of time necessary for each worker;
(c) unprotected workers shall not be allowed to work in          unchanged
     the affected areas until the situation has been
     restored to normal, and the causes for the increase
     eliminated.
 ---pagebreak--- 6. 9. 89                              Official Journal of the European Communities                             No C 229/15
                     ORIGINAL PROPOSAL                                                AMENDED PROPOSAL
                          Article 7                                                        Article 7
                                                                                FORESEEABLE EXPOSURE
For certain activities such as maintenance, in respect of        1.    For certain activities such as maintenance, which
which it is foreseeable that there will be a significant        might involve a significant increase in exposure of
increase in exposure of workers, and in respect of which        workers, and in respect of which all scope for further
further technical preventive measures for limiting              technical preventive measures for limiting workers'
workers' exposure are not reasonably practicable, the           exposure has already been exhausted, the employer shall,
employer shall determine the collective measures                with the participation of the workers and/or their repre-
intended to reduce the duration of workers' exposure to         sentatives, but without prejudice to the responsibility of
the minimum possible and to ensure adequate protection          the employer, determine the measures required to reduce
of workers while they are engaged in such activities.           the duration of workers' exposure to the minimum and
                                                                to ensure the protection of workers while they are
                                                                engaged in such activities.
In particular, Article 6 (b) shall apply.                        In particular, Article 6 (b) shall apply.
                                                                 2.    Appropriate measures shall be taken to ensure that
                                                                 the areas used for the activities listed in paragraph 1 (1)
                                                                 are clearly demarcated and marked, or that other
                                                                 methods are used to prevent unauthorized access to
                                                                 these areas.
                          Article 8                                                        Article 8
                    ACCESS TO AREAS                                              ACCESS TO RISK AREAS
Appropriate measures shall be taken to ensure that access        Appropriate measures shall be taken to ensure that access
to the places in which the activities referred to in Article     to the places in which the activities referred to in Article
3 (1) take place is restricted solely to workers who, by         3 (1) are carried out is restricted solely to workers who,
reason of their work or duties, are required to enter            by reason of their work or duties, are required to enter
them.                                                            them and to those persons entrusted with control and
                                                                 supervisory duties by the competent authorities.
                          Article 9                                                        Article 9
      PROTECTIVE CLOTHING AND EQUIPMENT                          HYGIENE MEASURES, PROTECTIVE CLOTHING AND
                                                                                        EQUIPMENT
 1.   Appropriate measures shall be taken, where this is          1.   Employers shall be obliged, in the case of all acti-
reasonably practicable, to ensure that:                          vities from which there is a risk of contamination by
                                                                 carcinogens, to take appropriate measures to ensure that:
 (a) workers do not eat, drink or smoke in working areas         unchanged
     where there is a risk of contamination by carci-
     nogens;
 ---pagebreak--- N o C 229/16                            Official Journal of the European Communities                                 6. 9. 89
                      ORIGINAL PROPOSAL                                                  AMENDED PROPOSAL
(b) (i) workers are provided with appropriate protective           unchanged
          clothing or other appropriate special clothing;
     (ii) separate storage places are provided for working         unchanged
          or protective clothing and for street clothes;
(c) workers are provided with appropriate and adequate             unchanged
    washing and toilet facilities, including showers in the
     case of dusty operations;
(d) protective equipment is properly stored in a well-            unchanged
     defined place and is checked and cleaned if possible
    before, and in any case after each use; defective
    equipment shall be repaired or replaced before
     further use;
2.     Workers may not be charged for the cost of these            unchanged
measures.
                          Article 10                                                        Article 10
              INFORMATION AND TRAINING                                 PROVISION OF INFORMATION TO WORKERS
1.     Appropriate measures shall be taken by the                  1.    The employers shall take appropriate measures to
employer to ensure that workers and/or any workers'               ensure that workers and/or their representative in the
representatives in the undertaking or establishment               undertaking or establishment receive adequate and
receive adequate information, regular training and                updated information based on all the relevant infor-
instructions concerning:                                          mation available on carcinogens and that they are given
                                                                  training and regular refresher training concerning:
(a) potential risks to health;                                    (a) potential risks to health, including the additional
                                                                       risks resulting from tobacco use;
(b) the precautions to be taken to prevent exposure;              unchanged
(c) hygiene requirements;                                          (c) hygiene requirements
(d) wearing and       use   of  protective   equipment   and      unchanged
     clothing;
(e) steps to be taken by workers, including rescue                (e) steps to be taken by workers, in particular
     workers in the case of incidents and to prevent                   emergency services' personnel in the case of incidents
     incidents.                                                        and to prevent incidents.
2.     Employers shall ensure that workers are adequately         2.     Employers shall be obliged to provide information
informed of installations and related containers                  to workers concerning installations and related
containing carcinogens and that, where appropriate, such           containers containing carcinogens and to ensure that all
information takes the form of suitable warning and                 container, packages and installations containing carci-
hazard signs.                                                      nogens are clearly and legibly labelled and that clearly
                                                                  visible warning signs are provided.
 ---pagebreak--- 6. 9. 89                              Official Journal of the European Communities                             No C 229/17
                      ORIGINAL PROPOSAL                                                AMENDED PROPOSAL
                          Article 11                                                       Article 11
                                                                CONSULTATION AND PARTICIPATION OF WORKERS
Appropriate measures shall be taken to ensure that:             For all activities listed in Article 3 (1) employers shall be
                                                                obliged to take appropriate measures to ensure that:
(a) workers and/or any workers' representatives in the          (a) workers and/or their representatives in the under-
    undertaking or establishment can check that this                taking can check that this Directive is applied or be
    Directive is applied or be involved in its application,         involved in its application, without prejudice to the
    in particular with the selection wearing and use of             responsibilities of employers, in particular as regards:
    protective clothing and equipment;
                                                                     (i) the consequences for the safety and health of
                                                                         workers as a result of the choice, wearing and
                                                                         use of protective clothing and equipment;
                                                                    (ii) the measures laid down by the employer as
                                                                         referred to in Articles 6 and 7 (1.1);
(b) workers and/or any workers' representatives in the          (b) workers and/or their representatives in the under-
    undertaking or establishment are informed as quickly            taking or establishment are informed as quickly as
    as possible of abnormal exposure, of the causes                 possible of abnormal exposure, including the cases
    thereof, and of the measures taken or to be taken to            referred to in Article 7, of the causes thereof and of
    rectify the situation;                                          the measures taken or to be taken to rectify the
                                                                    situation;
(c) the employer keeps a list of the workers engaged in         (c) the employer keeps a list of the workers engaged in
    the activities referred to in Article 3 (1), indicating         the activities referred to in Article 3, who are in
    where appropriate the exposure to which they may                danger of being exposed; if possible, the type and
    have been subjected;                                            extent of the exposure to which they may have been
                                                                    subjected should be indicated.
(d) the doctor and/or the competent authority as well as        unchanged
    all other persons who have responsibility for health
    and safety at work have access to the list referred to
    at (c);
(e) each worker has access to the information in the list       unchanged
    which relates to him personally;
(f) workers and/or any workers' representatives in the          unchanged
    undertaking or establishment have access to
    anonymous, collective information;
(g) workers and/or any workers' representatives in the          unchanged
    undertaking or establishment can receive information
    on the potential risks to health from exposure to
    carcinogens.
 ---pagebreak--- No C 229/18                            Official Journal of the European Communities                                 6. 9. 89
                     ORIGINAL PROPOSAL                                                 AMENDED PROPOSAL
                         Article 12                                                        Article 12
                 HEALTH SURVEILLANCE                              unchanged
1.    Special arrangements for carrying out the relevant         1.     Specific measures for carrying out relevant and
health surveillance of workers exposed to carcinogens            adequate medical surveillance shall be laid down by the
shall be established by the Member States in accordance          Member States in accordance with national laws and
with national laws and practice.                                 practice.
2.    The arrangements referred to in paragraph 1 shall          2.    These measures shall be such that all the persons
be such that each worker exposed to carcinogens shall be         concerned shall be able to undergo an appropriate
able to undergo an assessment of his state of health:            assessment of their state of health.
— prior to exposure,                                             unchanged
— at regular intervals thereafter.
This assessment shall be such that it is directly possible to
implement hygiene and individual measures.
3.    If a worker is found to be suffering from an abnor-        3.     If a worker is found to be suffering from an abnor-
mality which is suspected to being the result of exposure        mality which might be the result of exposure to carci-
to carcinogens, the doctor or authority responsible for          nogens, the doctor or authority competent for the health
the health surveillance of workers may require other             surveillance of workers must require other workers who
workers who have been similarly exposed to undergo               have been similarly exposed to undergo a medical exam-
health surveillance, and a reassessment of the risk of           ination immediately. Checks must also be made of the
exposure shall be carried out in accordance with Article         workplaces and work areas concerned, and an immediate
3.2.                                                             reassessment of the risk of exposure shall be carried out
                                                                 in accordance with Article 3 (2).
4.    In cases where health surveillance is carried out, an      4.     As part of preventive medical care and health
individual health record shall be kept and the doctor or         surveillance, individual health record shall be kept and
authority competent for health surveillance shall propose        the doctor or authority competent for health surveillance
any protective or preventive measures to be taken in             shall propose any protective or preventive measures to be
respect of any individual worker.                                taken in respect of any individual worker, group of
                                                                 workers, workplace or working area.
5.    Information and advice must be given to workers            unchanged
regarding any health surveillance which they may
undergo following the end of exposure.
6.    The workers concerned or the employer may                  unchanged
request a review of the assessment referred to in this
Article, in accordance with national laws and practice.
7.    Practical    recommendations       for    the    health    7.     Further minimum rules for the health surveillance
surveillance of workers is given in Annex III. These             of workers are given in Annex III. These minimum rules
recommendations may be adapted in the light of                    shall be constantly adapted in the light of the latest
technical progress as provided for in Article 10 of              technical progress, as provided for in the provisions of
Directive 80/1107/EEC.                                           Article 14.
 ---pagebreak--- 6. 9. 89                              Official Journal of the European Communities                             No C 229/19
                     ORIGINAL PROPOSAL                                                AMENDED PROPOSAL
                         Article 13                                                        Article 13
                   RECORD KEEPING                               unchanged
The following measures shall be taken:                          unchanged
1. The list referred to in Article 11 (c) and the health         1. The list referred to in Article 11 (c) and the health
   record referred to in Article 12 (4) shall be kept for at        record referred to in Article 12 (4) shall be kept for at
   least 30 years following the end of exposure, in                 least 40 years following the end of exposure, in
   accordance with national laws and practice.                      accordance with national laws and practice.
2. Those records shall be made available to the                 2. Those records shall be made available to the
   responsible authority in cases where the undertaking             competent authority in cases where the undertaking
   ceases its activity, in accordance with national law             ceases its activity, in accordance with national law
   and practice.                                                    and practice.
                                                                                           Article 14
                                                                Within the framework of the procedure provided for in
                                                                Article 17 of Directive 89/391/EEC the Commission:
                                                                — shall draw up in Annex I the list of carcinogens as
                                                                     defined in Article 2 (1 to 3) and the amendments
                                                                     needed to take account of the adaptations of
                                                                     Directives 67/548/EEC and 88/379/EEC,
                                                                — shall amend Annexes II and III in order to take
                                                                     account of technical and scientific progress.
                         Article 14                                                   Becomes Article 15
                 NATIONAL STATISTICS                             unchanged
Member States shall keep national statistics of
recognized cases of occupational diseases due to carci-
nogens.
                         Article 75                                                   Becomes Article 16
                   FINAL PROVISIONS                              unchanged
1.    Member States shall adopt the laws, regulations            1.    Member States shall adopt the laws, regulations
and administrative provisions necessary to comply with           and administrative provisions necessary to comply with
this Directive by 31 December 1989. They shall                   this Directive by 31 December 1990.
immediately inform the Commission thereof.
                                                                 Is after notification of this Directive, either of Directives
                                                                 67/548/EEC and 88/379/EEC is amended with respect
                                                                 to the substances and preparations referred to in Article
                                                                 2 (1 to 3) by amending Directives, the Member States
                                                                 shall adopt the laws, regulations and administrative
                                                                 provisions necessary to incorporate the said amendments
                                                                 into the provisions referred to in indent one, by the
                                                                 deadlines laid down for implementation of such
                                                                 amending Directives.
 ---pagebreak--- No C 229/20                              Official Journal of the European Communities                                        6. 9. 89
                       ORIGINAL PROPOSAL                                                   AMENDED PROPOSAL
                                                                   The member States shall immediately inform the
                                                                   Commission of the adoption of the provisions referred to
                                                                   in this paragraph.
2.     Member States shall communicate to the                      2.     Member States shall communicate to the
Commission the provisions of national law which they               Commission the text of the provisions of national law
adopt in the field governed by this Directive.                     which have already been adopted or which they adopt in
                                                                   the field governed by this Directive.
                           Article 16                                                     Becomes Article 17
This Directive is addressed to the Member States.                  unchanged
                           ANNEX I                                                              ANNEX I
                       LIST OF AGENTS                                                     LIST OF AGENTS
     (to which referrence is made in Articles 3 (3) and (4))               (to which reference is made in Article 2 (1 to 3)
                                                                     CAS(l) No    EEC No                                 Date of entry
                                                                      of agent                Name of agent    Formula
                                                                                   of agent                               into force
List to be deleted (OJ C 34, 8. 2. 1988, p. 13)
                                                                                            List to be deleted
                           ANNEX II                                                            ANNEX II
INDUSTRIAL                         AGENTS PROBABLY                 LIST OF SUBSTANCES, PREPARATIONS AND
PROCESSES                          CONCERNED                       PROCESSES
                                                                   (to which reference is made in Article 2 (4))
1. Auramine manufacture            Auramine                        1. Auramine manufacture
2. Boot and shoe manufacture       Leather dust                    2. Work involving exposure to polynuclear aromatic hydro-
   (certain occupations)                                              carbons present in soot, tar, pitch, smoke or coal dust
3. Coal gasification               Coal tar and coal tar fumes     3. Work involving exposure to dust, fumes or fog during high-
   (older processes)                                                  temperature nickel refining
                                   Certain hydrocarbons poly-
                                   nuclear aromatic
4. Coke production                 Coal tar and coal tar fumes     4. Strong acid process in the manufacture of isopropyl alcohol
                                   Certain hydrocarbons poly-
                                   nuclear aromatic
 ---pagebreak--- 6. 9. 89                                   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                      N o C 229/21
5. Furniture manufacture             Certain wood dust                        5. Work involving exposure to            certain  nitrosamines, for
   (wood dust)                                                                    example in the rubber industry
6. Isopropyl alcohol manu-           Isopropyl alcohol                        6. Work involving exposure to dust, in particular oak and beech
   facture (strong acid process)
7. Nickel refining                   Nickel subsulphide                       7. Work involving exposure to leather dust.
                                     Nickel oxides
8. Rubber industry (certain          Certain aromatic amines
   occupations, such as milling,
                                     Certain or
   extruding and vulcanization)                 8an,c  solvents
                            ANNEX     III                                                                      ANNEX III
PRACTICAL RECOMMENDATIONS FOR T H E HEALTH                                              MINIMUM PROVISIONS FOR T H E H E A L T H
                SURVEILLANCE OF WORKERS                                                        SURVEILLANCE OF WORKERS
                 (as referred to in Article 12 (7))                                              (as referred to in Article 12 (7))
1. The doctor and/or authority competent for the health                       unchanged
   surveillance of workers exposed to carcinogens must be
   familiar with the exposure conditions or circumstances of
   each worker.
2. Health surveillance of workers should be carried out in                    unchanged
   accordance with the principles and practices of occupational
   medicine; it should include at least the following measures:
   — keeping records of worker's medical and occupational                     unchanged
       history,
   — a personal interview,                                                    unchanged
   — where appropriate, biological monitoring, as well as                     unchanged
       detection of early and reversible effects.
   Further tests should be decided upon for each worker when                  unchanged
   he is the subject of health surveillance, in the light of the
   most recent knowledge available to occupational medicine.