Legal provisions of COM(2022)489 - Amendment of Directive 2009/148/EC on the protection of workers from the risks related to exposure to asbestos at work - Main contents
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| dossier | COM(2022)489 - Amendment of Directive 2009/148/EC on the protection of workers from the risks related to exposure to asbestos at work. |
|---|---|
| document | COM(2022)489  |
| date | November 22, 2023 |
Article 1 - Amendments to Directive 2009/148/EC
(1) in Article 1(1), the following third subparagraph is added:
‘The provisions of Directive 2004/37/EC of the European Parliament and of the Council* shall apply whenever they are more favourable to health and safety of workers at work.’
* Directive 2004/37 of the European Parliament and of the Council of 29 April 2004 on the protection of workers from the risks related to exposure to carcinogens, mutagens or reprotoxic substances at work (Sixth individual directive within the meaning of Article 16(1) of Council Directive 89/391/EEC (OJ L 158, 30.04.2004, p. 50), as last amended by Directive (EU) 2022/431 of the European Parliament and of the Council of 9 March 2022 (OJ L 88, 16.3.2022, p. 1–14).;
(2) Article 2 is replaced by the following:
‘Article 2
For the purposes of this Directive, ‘asbestos’ means the following fibrous silicates, which are classified as carcinogens 1A according to Regulation (EC) 1272/2008*:
* Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1–1355).;
1.(a) asbestos, actinolite, CAS* 77536-66-4
(b) asbestos, amosite (grunerite), CAS 12172-73-5;
(c) asbestos, anthophyllite, CAS 77536-67-5;
(d) asbestos, chrysotile, CAS 12001-29-5;
(e) asbestos, crocidolite, CAS 12001-28-4;
(f) asbestos, tremolite, CAS 77536-68-6.’
*CAS: Chemical Abstract Service Number.’;
(3) Article 6 is replaced by the following:
‘Article 6
For all activities referred to in Article 3(1), the exposure of workers to dust arising from asbestos or materials containing asbestos at the place of work shall be reduced to a minimum and in any case to as low a level as is technically possible below the limit value laid down in Article 8, in particular through the following measures:
(a) the number of workers exposed or likely to be exposed to dust arising from asbestos or materials containing asbestos shall be limited to the lowest possible figure;
(b) work processes shall be designed so as not to produce asbestos dust or, if that proves impossible, to avoid the release of asbestos dust into the air;
(c) all premises and equipment involved in the treatment of asbestos shall be capable of being regularly and effectively cleaned and maintained;
(d) asbestos or dust-generating asbestos-containing material shall be stored and transported in suitable sealed packing;
(e) waste shall be collected and removed from the place of work as soon as possible in suitable sealed packing with labels indicating that it contains asbestos; this measure shall not apply to mining activities; such waste shall then be dealt with in accordance with Directive 2008/98/EC of the European Parliament and of the Council*.
* Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).’;
(4) in Article 7(6) the first subparagraph is replaced by the following:
‘Fibre counting shall be carried out by phase-contrast microscope (PCM) in accordance with the method recommended in 1997 by the World Health Organization (WHO)* or, wherever possible, any other method giving equivalent or better results, such as a method based on electron microscopy (EM).
* Determination of airborne fibre concentrations. A recommended method, by phase-contrast optical microscopy (membrane filter method), WHO, Geneva 1997 (ISBN 92 4 154496 1).’;
(5) Article 8 is replaced by the following:
‘Article 8
Employers shall ensure that no worker is exposed to an airborne concentration of asbestos in excess of 0.01 fibres per cm³ as an 8-hour time-weighted average (TWA).’
(6) in Article 11, the first subparagraph is replaced by the following:
‘Before beginning demolition or maintenance work, employers shall take, if appropriate by obtaining information from the owners of the premises as well as from other sources of information, including relevant registers, all necessary steps to identify presumed asbestos-containing materials.’
(7) in Article 19, paragraph 2 is replaced by the following:
‘The employer shall enter the information on the workers engaged in the activities referred to in Article 3(1) in a register. That information shall indicate the nature and duration of the activity and the exposure to which they have been subjected. The doctor and/or 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 or her personally. The workers and/or their representatives shall have access to anonymous, collective information in the register. ’
Article 2
When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
2. Member States shall communicate to the Commission the text of the main measures of national law which they adopt in the field covered by this Directive.