Document BJZ9Z1NJzrRBqYnjJmjM7J18

%25l*,NW. Washington, DC 20006 202-822-1000 Organization Resources Counselor^ Inc July 20, 1983 Memorandum To: ORC International Safety and Health Forum ORC Asbestos Task Force From: Richard F. Boggs Subject: European Community Draft Council Directive on Asbestos and European Council Draft Proposal for a Council Directive on Asbestos Attached for your information are the EC Draft Council Directive amending the 76/769/EEC Asbestos Directive on the lavs, regula tions, and administrative provisions of the EC Member States relating to the restrictions on the marketing and use of asbestos; and a draft of the new proposal for an EC Council Directive on the protection of workers from the risks related to asbestos exposure at work. RFD:jkj Attachments CONFIDENTIAL 005642 wriUtintL-rmm JUli**aj ANNEX {Part A) Proposal for a COUNCIL DIRECTIVE i on the protection of workers from the risks related to exposure to asbestos at work (second individual Directive within the meaning of Article 6 of Directive 80/1107/EEC) (text as amended by the Working Party) {*) Article 1 l. This Directive, which is the second individual Directive within the meaning of Article 8 of Directive 80/11C 7/EEC has as its aim the protection of workers against risks to their health, including the prevention of such risks, arising or likely to arise from exposure to asbestos at work, it lays down limit values and other specific requirements. 7. This Directive shall not apply to: - sea transport, -air transport. 3. This Directive shall not prejudice the right of Member States to apply or introduce laws, regulations or administrative provisions ensuring greater protection for workers, in particular as regards the substitution of less dangerous products for asbestos. (l) The Working Party intends to examine the preamble to the above proposal at a later date in the light of the outcome of the Council's discussions. 6066/83 ADD 1 kin/KO/jw e / E CONFIDENTIAL 005643 Article 2 For the purposes of this Directive ''asbestos" means the following fibrous silicates: - Accir.ol ite, CAS No 77336-66-4* (*) - Asbestos grtineri te (amosite) CAS no 12172-73-5* (;**). - - Anthophy 11 ite, CAS No 77536-67-5^ {*-).. - Chrysotile, CAS No 12001-29-5*' (**) .: - Crocidolite, CAS No 12001-28-4 (**) - Tremolite. CAS No 77536-68-6* (**) () Number in the register of the Chemical Abstract Service (CAS). 65G6/? *DD I lamnfx)(Part A) CONFIDENTIAL kin/KO/Jw .../ 0Q5R44 3 Article 3 1. This Directive shall apply to activities in which workers are or may be exposed in the course of their work to| dust arising from asbestos or materials containing asbestos. | 2. In the case of any activity likely to involve a risk of exposure to dust arising from asbestos or materials containing asbestos this risk must be assessed in such a way as to determine the nature and degree of the workers* exposure.. 6SC6/63 ADD 1 (AHNZf.) (Part A) lAi. kin/KO/ha .. $... E 005645 4- 3. if the assessment referred to in' paragraph 2 shows- that the , concentration of asbestos fibres /"other 'than crocidolite_7 in the air at the place of work in the absence of any individual protective equipment is at the option of the Member States, at a level - lower than /"0,1_7 fibre per cm3 and/or - lower than a cumulative dose /"6 flbre-^laysr (equivalent to 48 fibre-hours}^/ per-cm3 over 3 mbtt&Kft* ` as calculated or measured with reference to a period of 8 hours, the provisions of Articles 4, 7, 13, 15(3), 15 and 16* shall not apply C1)." 4. The assessment provided 'for in paragraph 2 shall be the subject of consultation with the workers and/or their reprt::;cntiiti ves within the undertaking or e-stabl ishment and shall be revised where there is reason to believe that it is incorrect c. there is a material change in the work. (1) See prohi-?" ou"lined in 11(1) of the report. 6506/83 ADD 1 (ANNEX)(Part A) confidential kin/KO/ha ,. / ... 1 0G5646 Article 4 . Subject to Article 3(3), the following measures shall be taken: 1 The activities referred to in Article 3(1) must | be covered by a notification system administered by the responsible authority of the Member State. 2. The notification must be submitted by the employer to the responsible authority of the Member State, in' accordance with national laws, regulations and administrative provisions. This notification must include at least a brief description of; - the types and quantities f asbestos used; - the activities and processes involved; - the products manufactured. 3. * Workers and/or their representatives in undertakings or establishments shall have access to the notification concerning their own undertaking or establishment in accordance with national laws. . If, in relation to the original notification, an important change occurs in the use of asbestos or of materials containing asbestos, a new notification must be submitted. 6Sbf,/83 ADD 1 (ANNEX)(Part A) kin/KO/ha /... E 005647 Article 5 1. (Deleted) 2. The application of asbestos by means of the spraying process must be prohibited. CS6'/i'.3 AD!) 1 (ANNEX)(Part A) CONFIDENTIAL kin/KO/ha * /... E 005648 - -f - Article 8 For all activities referred, to in'Article 3(1) the exposure of workers to asbestos .-a^. the place ' work rauet be reduced to as low a level as is reasonably practicable and in any case below the limit values fixed in Article 8, m particular through the following measures, if appropriate: j 1. The quantity of asbestos used in each case must be limited to the minimum quantity which is reasonably practicable, 2. The number of workers exposed or likely to be exposed to-dust arising from asbestos or materials containing asbestos must be limited to the lowest possible figure. 3. Work processes must, in principle-, be so designed as to avoid the release of asbestos dust into the air. If this is not reasonably practicable, the' dust should be eliminated as near as possible to the -point where it is released. 4. Ail buildings and/or plant and equipment involved in the processing or treatment of asbestos must be capable of being re^uinrly and effectively cleaned and maintained. 5. Asbftrion in the raw material state must be stocked and transported in suitable sealed packing. 0. Industrial waste -must- be collected and removed from the place of work as soon as possible in suitable sealed packing with labels indicating that it contains asbestos. Such residues shall then be dealt with in accordance with Directive 78/319/33C on toxic and dangerous waste. The measure referred to in the first sentence shall not apply to raining activities. AUU l (AMt.'SX ) ( Part. A) kin/KO/dot B B B/. E 005649 -a- Article 7 Subject to Article 3(3), the following measures shall be taken: 1. In order to ensure compliance with the limit valuer ?aid down in Article 8, the measurement of asbestos in the air at the place o: work shall be carried out in accordance with the reference method described in Annex II or any other method giving equivalent results Such measurement must be planned and carried out regularly, with sampling being representative of the personal exposure of the worker to asbestos. Asbestos within the meaning of this Article shall be fibres with a length of more than 5 micrometres, a width of less than 3 micrometres and a length/breadth ratio greater than 3:1. The Council, acting on a proposal from the Commission, and taking account in particular of progress made in scientific knowledge and technology and- of-experience gained in the application of this Directive, shall re-examine the provisions of the first sentence of paragraph 1 fiv* years after the date of adoption of this Directive,, with a view t establishing a single method for asbestos measurement at Community level. Sampling shall be carried out after consulting the workers and/or their representatives in undertakings or establishments. 3. Sampling of asbestos in the air shall be carried out by suitably qualified personnel. The samples taken shall be subsequently analysed in laboratories equipped to analyse asbestos samp; u. and qualified to apply the necessary identification teehniqu.s. 65*66/83 ADD 1 (nHNEX)(Part A) CONFIDENTIAL kin/KO/dot ! 1 005651 - 4. ' The concentration of asbestos shall be measured as a general rule at least every three months and, in any case, whenever a technical change is introduced. The frequency of measurements may, however, be reduced in the circumstances specified in^ paragraph 5. % 5. The frequency of measurements may be reduced to once a year where: - there is no substantial change in conditions at the palce f work*, and - the results of the two preceding measurements have not exceeded half the limit values fixed in Article 8 for the concentration of asbestos fibres. 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. 6. The duration of sampling must be such that representative exposure can be established for an 8-hour reference period Cone shift) by means of measurements or time-weighted calculations. The duration of the various sampling processes shall be determined also on the basis of the provisions in point 6 of Annex II. 7. (deleted). 6S.GC/B3 ADD 1 {ANNEXHPart A) ^nfident* a f kin/KO/dm / E 005651" 10 Article 6 The following limit values shall apply: "(&) concentration of crocidolite fibres in the air at the place of work 20 x 104 fibres per m3 of air (i.e. 0,20 fibres per cm3) measured or calculated in relation to an eight-hour reference period.J (1) (b) concentration of asbestos fibre /"other than crocidolite_7 C1) in the air at the place of work 10 x 10*4 fibres per m3 of air (i.e. 1,0 fibres per-cm3') measured or calculated in relation to an eight-hour reference, period. Article 9 - -(delated) v *) 3e<i problem outlined in 11(2) of the report. 6566/83 ADD 1 (ANNEX)(Part A) CONFIDENTIAL kin/KO/dm 005652 - 11 - Article 10 1. Where the asbestos-in-air limit values laid do\*n in Article 8/"(l) and (2)_7 are exceeded, the reasons For the limits being exceeded must be identified -and appropriate measures to remedy the situation must be taken as soon as possible. Work may not be continued in the affected area until adequate measures have been taken for the protection of - the workers concerned. 2. In order to check the effectiveness of the measures mentioned in the first subparagraph of paragraph 1, a further determination of the asbestos-in-air concentrations shall be carried out immediately. 3. Where exposure cannot reasonably-be reduced by other means and where the wearing of individual respiratory protective ' equipment proves necessary, this may not be permanent and shall .be kept to the strict minimum necessary for each worker. 6566/83 ADD 1 fANNEX) (Part A) cf 4 'll* kin/KO/mes / E 005653 12 Article SI 1. In the case of certain activities in respect of which it is foreseeable that the limit values set out in Article 8 /"(1) and (2) 7 will be exceeded and in respect of which technical preventive measures for limiting asbestos-in-air concentrations are not reasor *y practicable, the employer shall determine the measures intende- to ensure protection of the workers while* they are engaged in such activities, in particular the following:: (a) workers shall be issued with suitable breathing equipment and other personal protective equipment,which must be worn, and - , (b) warning signs shall be put up indicating that it is foreseeable that the limit values set out in Article E /"(l) and (2)_7 will be exceeded. 2. The workers and/or their representatives in the undertaking or establishment shall be consulted on these measures before the work concerned ir carried out. 6r_>H<i/B3 Ann i (ANNEX )(Pari A) CONFIDENTIAL kin/KO/mcs 4/ E 005654 13 Article 12 2. A plan of work shall be urewn up before demolition work or work on removing asbestos and/or asbestos-containing products from buildings, structuresr plants or installations or frpm ships Is stated. 2. The plan referred to in paragraph 1 must prescribe the measures necessary to ensure the safety and health cf workers at the place of work. The plan referred to in paragraph 1 must in particular specify that: - as far as is reasonably practicable, asbestos and/or asbestoscontaining products are removed before demolition techniques are applied, - the personal protective equipment referred to in Article 11(1)(a) is provided, where necessary. /~3. Articles 4, 6(1), (2), (4) and (5). 7(4) to (6), 10(2), 15 " and 16 shall only apply to the work refer*cd to in paragraph 1 if it is reasonably practicable for them to do so. 7"(1) See problem outlined at 11(3) in this report. 65G(./H3 API) 1 ( ANNKX ) ( Pax*!. A) . i;A j V .t(. kin/KO/pe .. /... E ........1 005655 14 Article 13' In the case of all activities referred to in Article 3(1), and subject to Article 3(3), appropriate measures'shall be taken to ensure that (a) the places in which the above activities take place shall (i) be clearly demarcated and indicated, by warning signs; (ii) not be accessible to workers other than those who by reason of their work or duties are required to enter them; (iii) constitute areas where there should be no smoking; (b) areas are set aside where workers can eat and drink without risking contamination by asbestos^ (c) (i) workers are provided with appropriate working or protective clothing; (ii) fhis working or protective clothing remains within the undertaking. rt may, however, be laundered In establish ments outside the undertaking which are equipped for this sort of work if the undertaking aces not carry out the cleaning Itself; in that event the clothing shall be transported in closed containers; till) separate storage places are provided for working or ptec live clothing and for street clothes; j v 1 .-.or-- ;:s ire provided with appropriate and adequate washer a ->ri vOilel facilities, including showers in the v-.-.e of duity operations; (v) protective equipment shall be placed in a well-defined place and shall be checked and cleaned after each use;appropriate measures shall be taken to repair or replace d-i-fu-ctive equipment before further use. 2. workers may not be charged with the cost of measures taken pursuant to paragraph 1. .. /... 6566/83 ADD 1 (AANNNNEEXX) )(Part A) CO nhdential kin/KO/pe E 005B56 Article 14- 1. in the case of all activities referred to in Article 3(1), appropriate measures shall be taken to ensure that workers and their representatives in the undertaking or establishment rJceive adequate information concerning: - the potential risks to health from asbestos exposure; - the existence of statutory limit values and the need-for the atmosphere to be monitored; - hygiene requirements, including the need to refrain from smoking; - the precautions to be taken as regards the wearing and use of protective equipment and clothing; - special precautions designed to minimize exposure to asbestos. 2. (deleted) 3. In addition to the measures referred to in naragraph 1, and ruib.i^ot to Article 3(3), appropriate measu-es shall be taken tc ensure that: (a) workers and/or their representatives in the undertaking or establishment have access to the results of asbestos-in-air. measurements and can be given explanations of the significance of those results; (b) if the results exceed the limit values laid down in Article 8 /"(1) and (2)_7, the workers concerned nd their representatives In the undertaking or establishment are informed as quickly as possible of the fact and the reason for It and the workers and/or their representatives in the undertaking or establishment are consulted on the measures to tee taken or, in an emergency, are informed of the measures which have been taken. . 6566/83 ADU 1 (ANNEX)(Part A) kln/KO/Jw E CONFIDENTIAL 005657 16 Article 15 Subject to Article 3(3) the following measures shall be taken: 1 An assessment of each worker's state of health must be aval'.able prior to the beginning of exposure to asbestos at the place of work. This assessment must include a specific examination of the chest. Annex III gives practical recommendations to which the Member States may refer for the clinical surveillance of workers; these recommendations shall be adapted to technical progress in accordance with the procedure set out in Art'icflS 10 of Directive 80/1107/EEC. A new assessment must be available at least .once every, three years for as long as exposure continues. An individual health record shall be established in accordance with national laws and practices for each worker referred to in the first subparagraph. 2. Following the clinical surveillance referred to in paragraph 1, the doctor or authority responsible for the medical surveillance of the workers should, in accordance with national laws, advise on or determine any individual protective or preventive n.oacures to be taken; these' may include, where appropriate, the withdrawal of the worner concerned from ail exposure to asbestos. 3. Information and advice must bo given to workers regarding any assessment of their nealth which they may undergo following t!end of exposure. 4. The worker concerned or the employer may request a review of the assessments referred to in paragraph 2, in accordance with national laws. 6S&5/83 ADC 1 (ANUEX)(Dart A) kin/Kh/jw / E 005658 Article 16 Subject to Article 3(3) the following measures shall be taken: 1. The employer must enter the workers responsible for carrying out the activities referred to in Article 3(1) in a register, indicating the nature and duration of the activity ana the exposure to which they have been subjected. The doctor and the authority responsible for medical surveillance shall have access to this register. Each worker shall have access to the results in the register which relate to him personally. The workers and/or their representatives shall have access to anonymous, collective information in the register. 2. (Deleted) 3. The register referred to above and the medical records referred to in Article 15(1) shall be kept for at least thirty years following the end of exposure, in accordance with national laws.* Article 17 1. (Deleted) 2. Member States shall keep a register of recognized cases of asbestosis and mesothelioma. 3. A summary of the information thus gathered shall be sent to the Commission annually. Article IS 1. Timber Stator, shall adopt the laws, regulations and administra tive provisions necessary to comply with this Directive before 1 January 1987 and shall forthwith inform the Commission thereof. This date is, however, postponed until 1 January 1990 in the ease of asbestos-mining activities. 2. Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field covered by this Directive. Article 19 This Directive is addressed to the Member States. 506/83 ADD 1 (ANNEX)(Part A) CONFIDENTIAL kin/KO/dm A . . / ... E 00 18 Annex I - TO THE DIRECTIVE (Deleted) 0566/63 kDD 1 (ANNEX)(Part A) r. i r ; r\ C ls.' 5 'i r I CT5AL kin/KO/ha e /... E 005660 - 1* Annex II TO THE DIRECTIVE REFERENCE METHOD REFERRED TO IN ARTICLE 7(1) FOR THf 4 MEASUREMENT OF ASBESTOS IN AIR AT THE PLACE OF WORK 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. 2. Membrane filters (mixed esters of cellulose 6v cellulose nitrate) of pore size 0.8 to l.E micrometres with printed squares,and a diameter of 25 mm shall be used. ' 3. An open-faced filter holder fitted''*itb' a cylindrical cowl extending between 33 mm and 44 mm '*tn front of the filter exposing a circular area at art least 20 mm in diameter shall be used. In use, the cowl shall point downwards. A portable battery-operated pump carried on the worker's b.-j. or in a pocket shall beused. The flow shall be smooth nni ft.hc rate initially set at 1.0 1/rain- 5%. The flow rate shall be maintained within - iox of the initial rate during the sampling period. t. The sampling time, shall be measured to* within a tolerance of 2%. 6. The optimal fibre-loading on filters shall be within the range 100-400 fibres/mm2 . 7. In order of preference, the whole filter, or a section of the fl1 u?r, shall be placed on a microscopeslide, made transparent using the ace tone-triacetin method, and covered w* th a glass roviT. ' lip. S. A binocular microscope shall be used for counting and shall have the following features: - Koehler illumination; 566/83 ADD 1 (ANNEXH'^.r* A) kin/KO/ha E CONFIDENTIAL 005661 - 20 - - 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 bar-focal positive phase-contrast achromatic objective with a numerical aperture of 0,65-0,70 and phase ring absorption within the range 65-858; - 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 1 2 micrometers, when using the specified objective and eyepiece, checked against a stage micrometer. 9. The microscope shall be set up according to the manufacturer's instructions, and the detection limit checked using a "phasecontrast test slide". Up` to Code 5' on the AIA test slides or up to block '5 -on the HSE/NP.L 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. 10. Samples '.shall be counted in accordance with the following rules: - u countable fibre is any object which meets the *finition in Article 7(1} and which does not touch a particle with a ifKrxi mum di ante ter greater than 3 >sn; - any countable fibre with both ends within the graticule area shall b: counted as one fibre; any fibi'e with only one end within **. area shall count as half; - graticule areas for counting shall be chosen at random within tr.e exposed ar.2 of the filter; 6Stoo/t3 ADD 1 (Annex 11 o the ANNEX) (Part A), CONFIDENTIAL kin/KO/ha .. I... g 005*^2 an agglomerate of fibres which at one or more points on its length appears solid and undivided but at other points is divided into separate,strands (a split fibre) is counted as a single fibre if it "meets the definition in Article 7(1) and indent 1 of this paragraph, the diameter measured being that of the undivided part, not that'of the i split part; j in any other agglomerate of fibres in which individual fibres touch or cross each other (a bundle), the fibres shall be counted individually if they can be distinguished sufficiently to determine that they meet the definition in Article 7(1) and indent 1 of this paragraph. If no individual fibres meeting the definition can be distinguished, the bundle is considered to be a countable fibre if, taken as a whole, it meets the definition in Article 7(1) and indent 1 of this paragraph; - if more than one eighth of a graticule area is covered by an agglomerate of fibres and/or particles, the graticule area must be rejected and another counted; - iou fibres shall be counted , which will enable a minimum of 20 graticule areas tc be examined, or 100 graticule areas shall oe examined. 11. The mean number of fibres per graticule is calculated by dividing the number of fibres counted by the number of graticule areas examined. The effect on the count of marks on the filter and, contamination shall be kept below 3 fibres/100 graticule areas and shall be assessed using blank filters. Concentration in air * (number per graticule area x exposed area of filter)/(graticule area'x volume of air collected). GbOC/b3 ADO 1 (Ann-.'X II to the ANNEX) (Part A) kin/KO/mcs E 0SNTIAL if TO THE DIRECTIVE PRACTICAL RECOMMENDATIONS FOR THE CLINICAL ASSESSMENT OF WORKERS, AS REFERRED TO IN ARTICLE'i`5(l) 1 Current knowledge indicates that exposure to free asbestos fibres can give rise to the following diseases: A - asbestosis - mer.o the lioma - bronchial carcinoma - gasuro-inteotinal carcinoma. 2. The doctor or authority responsible for the medicalsurveillance of workers exposed to asbestos must be familiar with the exposure conditions or circumstances of each worker. 3. Clinical surveillance of workers should be carried out in accordance with the principles and practices of occupational 'medicine ; it should include at least the following measures: - k***-ping re-cords of a worker's, medical and occupational history - a p'.Tf.onal interview - a clinical examination of the chest - a respiratory function examination Further examinations, including a standard format radiograph of the chest and laboratory tests such.as a sputum cytology test, are desirable. They should be decided upon for each worker when he is the subject of medical surveillance , in the light of the most recent knowledge available to occupational medicine. 65GG/R3 ADD 1 (ANNEX Hv*art A) kin/KO/mcs E 005P64