Document qm6dGXJY3wYqzOpEQN6GGzV0K

\* i 0641730 ------- - COMMISSION OF THE EUROPEAN COMMUNITIES C0n<80> 518 linal Brussels, 18th September 1980 o1 proposal for a second council directive ON THE PROTECTION OF WORKERS FROM THE RISKS RELATED TO EXPOSURE TO AGENTS AT WORK : ASBESTOS (presented by the Commission to the Council) C0:'.(t>0) SI8 final proposal for a second council directive on the protection of workers from the risks related TO EXPOSURE TO AGENTS AT WORK I ASBESTOS EXPLANATORY memorandum 1. Ccncral obaervations on the Proposal for, a Directive Asbestos ia the focus of attention from publio opinion and from the various authorities in the Member States* This has been reflected by the actions already undertaken by the Member States, by the debate and approval of a resolution on the health hazards of asbestos by the European Parliament and by study of the Economic and Social Committee f. on health and environmental hazards arising from the use of asbestos* The Commission has also published a report on the "Publio Health Risks of Exposure to Asbestos" (EUR 5^53 e) which contains a critical analysis of the available bibliography on asbestos ao it relates to publio health. Asbestos has been widely used because of its unique properties: tensile strength, reeistence to degradation, in particular by abrasion and by chemicals, fineness of inoombustible fibresf and thermio and electrical insulation qualities* It is employed in various ways, in many industries. / The main fields of application aro tbo building, construction, engineering, shipbuilding and automobile industries. The major use of asbestos fibres is in a mixture with oement which is utilized for construction purposes and for pipes. The consumption of asbestos in the Member States has been estimated at over 800,000 metrio tone per year, ,the great majority of which ia imported, since within the Member States the mining of asbestos (chrysotils) occurs only in Italy* Man's exposure to asbestos can occur in several ways, but the main exposures to asbestos are work related end para-work related. -2- 0641732 iSSK Work related, exposure is either direct, ouch ae from work in asbootos mines, factories, eto. or indirect, ouch as from work in the vioinity of asbestos contaminated work situations. Parar-work related exposure results from either domestic exposure of members of households, as a result of exposure to asbestos contaminated olothing of asbestos workers, or exposure through leisure time activities, such as results from the use of "do it yourself" asbestos containing products. i I The principal mode of entry of asbestos into the humain body is through inhalation and a potential health risk exists from exposure to fins asbestos fibres of inhalable geometrio dimensions (diameter smaller than 3 jt) in the air* - Health effects usually oeeur after long exposures, but relatively short < term exposures may cause disease, in particular certain tumours. The following diseases have been shorn to be related to exposure to asbestos! -- Acbestoois. This is a progressive lung fibrosis which in general only appears after massive and prolonged exposure. However a shorter exposure of only a few years can result in asbestos! s. tNS*> -- Bronchial carcinom1 as. An excess incidence of bronchial carcinomas has A been established i*. relationship with asbestos exposure. Cigarette smoking is a highly contributive factor* Work related exposure need not necessarily be of long duration, but a high intensity usually has occurred* - Mesotheliomas. The majority, but not all, pleural mesotheliomas are work related or para-work related to past exposure to asbestos* There is general agreement that the risk of pleural mesotheliomas is fibre related in the order crooidolite^ omosite^ chrysotile^ antbophylite but the magnitude of the difforcnco between, for example, crocidolite and ehrysotile is not well established. Poritoneal mesotheliomas are probably only related to rather intensive work exposure* 3 33 . Laryngeal carcinomas. Certain of these tumours nay he related to high lovel exposure to asbestos hut a causal relationship is not * proven. .. Gastrointestinal carcinomas. Sons studies have shown an increased prevalence of carcinoma of stomach, oolon, rectum, and oesophagus . in exposed workers. e At the present time only a few systematic Btudies regarding the presence of asbestos in lung tiseues have been conducted in the European Community, and therefore the results of measurements of asbestos in tissues cannot bo direotly related to exposure levels. It is therefore impossible to present t,s quantitative exposure/effect relationships. However the available evidence suggests that in the case of mesothelioma' the exposure may be short and probably of lower concentration than that required to produce asbestoais or bronchial oareinomaa,but the long latent period for induotion of mesotheliomas means that they are a late effect of exposure to asbestos. Asbestos is thus a dangerous agent for which regulations regarding occupa tional exposure have existed for a long time in moat-Member States. These regulations cover a number of industrial oircumstances and include in certain cases exposure limits for the control of asbestoais, based on semiquantitative exposure effect relationships from short term, high level exposures. There are considerable disparities between the legislation in Member States ' > with respeot to the extent of the coverage and also with respect to the significance which is attached to the exposure limits. This proposal is therefore aimed at removing these disparities' and it will increase the protection of workers against occupational risks due to asbestos by improving the means and conditions of work, knowledge and human attitudes. / -4 0641734 It la based on the Council Resolution of 29 Juno 1978 on an Action Programme of the European Communities on Safety and Health at Work (T) and on the Council Directive of .................... on the protection of workers from exposure to chemical, physical and biological agents at work (2) which provides for an Individual Directive on asbestos. It is the second such Directive. * One of the general objectives of the Acti.on Programme on Safety and Health at Work is that exposure to occupational risks must be kept as low as possible. To monitor more effectively the application of preventive measures, surveillance of health and working conditions must be intensified, notably in line with the e:d.gencies of occupational medicine, hygiene and safety appropriate to present day conditions. r This action programme provides for the establishment of exposure limits for asbestos, samplibg requirements and measuring methods, and satisfactory conditions at the workplace. The Council Directive on the protection of workers from exposure to chemical physical and biological agents at work already requires Member States to ensure that as fegards asbestos appropriate surveillance of the state of health of workers is carried out during the period of exposure, and that workers and/or their representstives at work have aoeeas to appropriate f information on its danger. (1) OJ Ho. C 165 of 11.7.1978 (2) OJ Ho................ ......................... -5- 0641735 Asbestos is ale oao of the agents for which tho following complementary cassures are foreseen: ` 1. providing medical curveillance of workers prior to exposure and thereafter at regular intervals. In Bpecial cases, it 6hall he ensured that a suitable foru of health surveillance iB available to workers who have been exposed to the agent, after exposure has ceased; 2. access by workers and/or their representatives at' the place of work to the results of exposure measures)ents and to the. anonymous collective results of the biological tests indicating exposure when ouch tests are provided for; . 3. access by each worker concerned to the results of his own biological tests indicating exposure; 4. informing workers and/or their 'representatives at the place of work where the limit values referred to in Article 4 are exceeded, of the causes thereof and of the measures taken, or to be taken in order to rectify the situation; 5 access by workers and/or their representatives at the place of work to appropriate information to improve their knowledge of the dangors ^ to which they are exposed. Observations on certain specifio aspects of the Proposal for a Directive. Article 2 gives the definition of asbestos and the Cbemioal Abstract number relevant to each of the fibrous silicates. * Artiole 3 sets out the field of application of this Direotive. Article 4 contains three important provisions, all of which have bean called for in the resolution of the European Parliament, and in .the study of the Eoonomic and Sooial Committee. -6 - \ 0641736 Article 4.1 propoce that as eafer and cuitable substitutes become available, the use of asbestos should be phased out. i i Article 4.2 bans the use of asbestos far spraying (flocking and painting). ! Article 4.3 1b concerned with reducing the use of crocidolite to a il1 1 minimum, since this is the most harmful form of asbestos and accounts for only 3.2? of the asbestos mined around the world. fj ' i i tt i Crocidolite may continue to be used if its use is authorised by the responsible authority of the Member State, but on a year to year basis. The information for this authorisation is given in tha Annex. Article 5 deals with a notification scheme, for the use in industry of ` asbestos fibres, other than crocidolite. This notification scheme is to be run by the responsible authority of the Member State, and the information to be submitted in such a notification is based on the Annex. This article also makes provision for a nev notification to be made if there is an important change in the use of asbestos. * Article 6 contains a number of provisionswhich are aimed at preventing the release of free asbestos fibres into the air at work: Indent one is consistent with the study of the Economio and Social Committee and deals with engineering control at source, and the provision of oloaed systems to prevent the release of asbestos fibres into the general work atmosphere. Indent two is primarily directed towards prevonting the uncontrolled use of oomprsssed air to dean brake linings, in particular those of motor vehloles. - /. / --7-- Indent throe i* concint^nt with the proponai in the study of the Economic and Social Committee when it called for "nuitable packaging of asbestos designed to rule oat all losses'*. Indent four bens the direct handling of raw asbcslcc by .orkero, unless it is impracticable to do oo, as may be the case in asbestos mines. Indent five is a general provision requiring dl buildings, plant and equipement to be adequately designed and installed, but also, to be regularly cleaned and maintained. Indent six requiros measures to be taken so that the.removal of asbestos from and the demolition of, existing buildings, plants, structures and installations containing asbestos is performed as safely as possible. Article 7* requires that the work areas in which asbestos is being used are dearly defined, that the number of workers exposed are limited to those who have to work.in these areas, and that there io no smoking. The latter provision 1b called for in the resolution of the European , Parliament, and the dangers of smoking are referred to in the study of the-Econooio and Sooial Committee. Article 6. concerns the minimum requirements for the sampling and * analysis of asbestos in air to ensure that there is uniform compliance with the limit values laid down in Artiole 9 fon 1 D crocidolite e ** ^\ 2) fibres other than crooidolite The need to establish the lowest possible limit values and the lower limit for orooldolite in view of its greater danger, has been recognised by the European Parliament and the Economic and Social Committee. \ ' 0641738 Article 10 givea tochnical ruleo relating to the aaooesmont of levola of asbestos in air in rolation to the lioit values* Artidee 11 and 12 concern the steps to be taken when the lioit values are exceeded. Article 11 relates to the technical measures to be token whereas Article 12 relates primarily to the measures to protect workers. It should be noted that Article 11 takes into account the study of the Economio and Social Committee which states that "when a lioit is nott or eannot be adhered tot all work has to cease in the area concerned" . . Article 13 requires that the employer keep a list of all his workers, as well as information relating to sampling and analysis. It details the records which have to be kept and maintained up to date by the dootor responsible for the health surveillance. This article is consistent with the study of the Economic and Sooial Committee. Article 15 details the requirements for the surveillance of the state of health of workers in line with Article 3*2 of the Council Directive ........ on the protection of workers from exposure to chemical, pfay sical and biological agents at work, and the complementary measures referred to in Artiole 5 of the same Directive. Article 16 concerns the availability and wearing of protective clothing, the need for special washing faoilltiee, and the precautions to be taken to prevent the spresd of pollution by asbestos out side, the workplace in line with Artiole 6 of the Counoil Directive........ on the protection * % of workers from exposure to chemical, physical and biological agents at work. * Article 17 requires workers to bo adequately trained, and details the information to he made available to the vorkors and/or their- representa tives at work in lino with Artieloe 3.2 and 5 of the Counoll Directive of ........ on t'.M i'rot notion of workers from exposure to chemical, physical and biological agents at work. This is also ooneistont .with the resolution of the European Parliament end the study of the Econooio and Social Coirmittf.e. 9 0641739 Article 18 is consistent with the .views of the European Parliament and the Economio and Social Committee and concerns the collection of otaA tistics by the Member States* Article 16.1 relates to workers* sickness absences of over three days, due to asbestos and Article 18.2 relates to the keeping of a register of asbestos related diseases such as aebestosis and mesothelioma* ' -------* Article 19* sets out come of the means to facilitate the implementation of the Directive and deals with the information collected* Consultation of the European Parliament and the Economio end Social Committee* Under the terms of Artiole 100 of the Treaty establishing the European Economio Community, the opinion of these two institutions must be sought* 0641740 PROPOSAL FOR A SECOND COUNCIL DIRECTIVE ON THE PROTECTION OF WORKERS FROM THE RISKS RELATED TO EXPOSURE TO AGENTS AT WORK: ASBESTOS The Council of the European Communities, Having regard to the Treaty establishing the European Economic Commu nity, and in particular Article 100 thereof. Having regard to the proposal from the Commission, * Having regard to the opinion of,, the European Parliament, Having regard to the Opinion of the Economic and Social Committee, After consulting the Advisory Committee on Safety, Hygiene and Health Protection at Work, After consulting the Safety and Health Commission for the mining and other extractive industries. Whereas the Council Resolution of 29 June 1978 on an Action Programme of the European Communities on Safety and Health at work (1) provides for the establishment of specific harmonized procedures regarding the pro tection of workers with respect to asbestos; . whereas the urgent need to harmonize laws in this fidld is recognized; Whereas asbestos is a dangerous agent found in a large number of circum stances at work and many workers are exposed to a potential health * risk; whereas crocidolite is considered as the most dangerous type of asbestos) Whereas a reduction of .exposure to asbestos will reduce the risk of developing asbestos-related disease; I Whereas asbestos is one of the agents to which the provisions of * Council Directive .../.../EEC on the protection of workers from expo sure to chemical, phyri.-al and biological agents at work (2) apply; whereas Article 8 of that Directive provides that individual Directives * shall lay down limit values and other specific requirements for those agents listed in Annex 1 to that Directive, which includes asbestos; Whereas the same Directive provides for the setting up of a. Technical Committee whose task is limited to the technical aspects listed in Annex III to that Directive, and which are detailed in the individual Directives; r HAS ADOPTED THIS DIRECTIVE U> OJ No. C 16S of 11.7.1976 ./ Article 1 1. This is the second individual Directive pursuant to. Article 8 of . ~t Directive .../.../EEC. 2. The aim of this Directive is the protection of workers against risks to their health and safety, including the prevention of such risks arising or likely to arise at work from exposure to asbestos, by laying down limit values and other specific requirements. I Article 2 ' For the purpose of this Directive, asbestos means any of the following fibrous silicates: 4 Actinolite, CAS number 13768-00-8 Amosite, CAS number 12172-73-S Anthophyllite, CAS number 17068-78-9 Chrysotile, CAS number 12001-29-5 Crocidolite, CAS number 12001-20-4 Tremolite, CAS number 14567-73-8 or any mixture containing any one or more of the foregoing. Article 3 ' This Directive shall apply to workers exposed to' asbestos at work, including those exposed where asbestos is extracted, manipulated, trea ted, transformed, loaded, unloaded, applied, removed or demolished, a/.i exposed to any other process which involves the manufacture of articles com prised wholly or partly of asbestos. Article 4 1. Asbestos shall be replaced by suitable and safer substitutes when these are available. /. 2. The spraying of asbestos shall be. prohibited. 3. Whenever possible the use of crocidolite shall be avoided and all measures shall be taken to reduce the amounts of crocidolite used at work to a minimum. x When the use of crocidolite is unavoidable the responsible autho rity of the Member State may authorize its use on a year to year basis and shall inform the Commission. The information to be submitted by an applicant for such authorization is given in the Ann-x. Such Annex shall be supplemented and adapted in line with technical progress in accordance with the procedure set out in Article 10 of Directive .../.../EEC.. Guidelines to assist the responsible authority of the Member State in granting authorizations shall also be drawn up and adapted in .line with technical, progress in accordance with the procedure set out in Article 10 of . Directive .../.../EEC. ' V \ 0641742 Ar tele 5 Thfc manufacturing, processing, storage and disposal of asbestos, other than crocidolite, shall be the subject of a notification system run by the relevant authority of the Member State. workers and their representatives in undertakings or establishments shall have access to the notification concerning their own undertaking or estab lishment. The information to be submitted by the notifier is given in paragraphs 1, 2,, 3, 4 and 5 of the Annex. This information shall be supplemented and adapted in line with technical progress in accordance With the procedure set out in Article 10 of * Directive ../.../EEC. If in relation to the original notification, an important change in the use of asbestos occurs, then a new notification shall be made. Article 6 <' .ie entry of asbestos into the air at work shall be reduced.to the minimum that is reasonably practicable. The measures to be taken shall ' . include the following: - asbestos shall be captured where released, and closed systems shall . be provided where technically feasible; - the removal, of asbestos emanating from friction linings or pads shall be carried out by suitable procedures; - when not in use,asbestos as a raw material shall be kept and trans ported in suitable closed containers; - the manual handling of asbestos as a raw material shall be prohibi ted unless the circumstances of the case make such prohibition not reasonably practicablei this say be the case in asbestos mines; - all buildings and/or plant or equipment Involved in the manufac ture or processing of asbestos shall be adequately designed and installed and regularly cleaned and maintained; V / .. '* - special measures shall be taken during the removal of asbestos from, and during the demolition of, existing buildings, plant, structures and installations where there is a likelihood of the release of asbestos. Article 7 - The areas in which the activities referred to in Article 3 take place shall be: ** clearly demarcated end posted with safety signs: - limited as regards access to those who work there; and " ` no smoking areas. Article 8 1. Smiling of asbestos in air tlhail he planned and carried out regularly a>vl shell be renreiontarive of worker exposure. Personal samplers sampling at a rate of 1 litrc/minute and using i-.ftrbranc filters shall be tiie reference sampling .nothod1 other sampling methods civing equivalent results may be used* 2. Sampling shall be carried out as soon as is reasonably practicable following substantial changes in, or the introduction of, activitities covered by Article 3* 3. Employers shall be responsible for carrying out sampling and analy sis. Its implementation shall be carried out in agreement with workers and/or their representatives in undertakings or- establishments. 4. Sampling may be carried out intermittently or continuously through out the working shift. However, the total sample duration shall not be less than one hour. * 5. The frequency of sampling shall depend on the concentrations ana lysed such that the lower these concentrations, the less frequent the sampling. However, this frequency shall be at least every three months. % 6* In the case of occasional exposure, sampling shall be carried out when appropriate. 7. Tor the purposes of analysis' asbestos fibres shall be those fibrous silicates listed in Article 2 which are longer than five micro metres with a breadth of less than three micrometres, and with a length/breadth ratio of greater than three. 8. Counting of fibres shall be carried out by means of optical light microscopes. t * t9. In the case of a mixture in which croeidolite is used, the concen tration shall be either analysed directly or calculated on the assumption that the proportion of croeidolite present in the mix- . ture is equivalent to that in the air. 10. Sampling of asbestos in air shall be carried out by suitably expe rienced personnel. The subsequent analysis of .the samples taken . shall be carried out in laboratories which are recognized by the relevant authority of the Member State, equipped to carry out analysis of asbestos samples, and skilled in the necessary identi fication techniques. 11. The technical specifications for the sampling and analysis of asbestos in air shall be supplemented and adapted in tine with tech nical progress in accordance with the procedure sot out in Article 10 of Directive .../.../SEC. j i 4 J. 1 i Article 9 \ 0641 744 1, The concentration of croc idol 1 to fibres in the air at work shall not exceod the limit value of 20 x 10 fibres per cubic metre of air (equivalent to 0.20 fibres -per cubic centimetre) measured or calculated/-in relation to a reference period of eight hours. 2. The concentration of asbestos fibres other than crocido^ite in the air at work shall not exceed the limit value of 10 x 103 fibres per cubic metre of air (equivalent to 1.0 fibre per cubic centimetre) measured cr calculated in relation to a reference period of eight hours. Article 10 Where a total sampling period of four hours or less is used to measure asbestos in the air at work, compliance with the limit values laid down in Article 9 can be considered as being assured if the results of analy sis are below* a) 10 x 10* fibres per cubic metre of air (equivalent to 0.10 fibres per cubic centimetre) for crocidolite, b) 50 x 10* fibres per cubic metre of air (equivalent to 0.50 fibres per cubic centimetre) for asbestos fibres other than crocidolite. If these values are exceeded then additional sampling of asbestos in the air at work shall be carried out to ensure that the asbestos in air limit values as laid down in Article 9 are not exceeded. Article 11 Where the limit values laid down in Article 9 arc exceeded, all necessary steps shall be taken to ensure that the situation is remedied as soon as is reasonably practicable. Zn the intervening period the provisions of Article 12 shall apply. Repeat sampling and analysis shall be made within a maximum period of eight days. Zf this shows that the limit values are still exceeded, all work shall cease in the area concerned until the situation is reme died. The reasons, the steps taken to remedy the situation and a ^request for approval to resume work shall be communicated to the .reler vent authority of the Member State. Article 12 Where the limit values laid down in Article 9 are exceeded or it is foreseen that they will be exceeded a)' the relevant authority or the Member State, workers and/or their representatives in undertakings or establishments shall be Informed, W workers shall be issued with personal protective equipment of an approved type which shall be worn, and c) warning signs shall be put up. ' v - s- 0641745 It 13 i-:!'"''. i`-*( jii r-hai.l lo pl.-oen in a <5c. rl-.u-iri af l-r ` j-.-h uve, .^nd a rocord of -ia, I i-rular during e*t;> cue .'-'iii the action to i.:ied vocation, checked and i.iy dv``.*cfR whjch oc*:ur in n to rep-ii r or replace o--fcc`.iv>* efjHi ff:?nt b>*ffr? Jiirther use. ftr tide 14 1. A list shall t-.-i >vpt by the employer of all workers. A copy of' r.i;ch list shoil'be given to the doctor responsible for medical surveillance and made available to the relevant autho rity of the Member State. 2. An individual health record shall be established for each worker. Such record shall contain details of . work carried out, the dates and duration of periods of exposure, the methods used for sampling and analysis, the concentrations of asbestos to which .the worker has been exposed, the results of all tests which the worker has undergone, and the results of the health assesrment. Such record shall be kept and maintained by the doctor responsible * at the time for medical surveillance, for a minimum period of thirty, years following the end of exposure. Article IS 1. No worker shall be exposed for the first time or continue to be exposed to a risk of ill health from inhaling asbestos at work if it is considered that following an assessment of his health such a risk is contra-indicated. This assessment shall: a) be repeated at least once a year during the duration of expo sure, and once every three years following the end of expo sure) b) include a clinical examination of the chest,' respiratory function tests (including vital capacity) and a standard I format radiograph of the chest. 2. Without prejudice to national provisions and the specific require ments of individual workers, such health assessments procedures shall be supplemented and adapted in line with technical progress in accordance with the procedure set out in Article 10 of Directive .../.../EEC.3 3. Each Member State shall lay down the procedure for appeal against the findings and decisions made in pursuance of this Article. Article 16 1. Employers shall make available to each worker individual working or pxotective clothing, which shall be worn. * ..M /.,xKH .:4f; V This Dirf*:lJve is `k*V-.: l.o ill' K- ir.ij'r i% J I I t \ I i > !/ ii 4 ! 5 ' X I 0641746