Directive 2002/44 - Minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (vibration) (sixteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) - Joint Statement by the European Parliament and the Council - Main contents

official title

 

Legal instrument	Directive
Number legal act	Directive 2002/44
Original proposal	COM(1992)560
CELEX number i	32002L0044

Important legal notice

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Directive 2002/44/EC of the European Parliament and of the Council of 25 June 2002 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (vibration) (sixteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) - Joint Statement by the European Parliament and the Council

Official Journal L 177 , 06/07/2002 P. 0013 - 0020

Special edition in Czech Chapter 05 Volume 04 P. 235 - 241

Special edition in Estonian Chapter 05 Volume 04 P. 235 - 241

Special edition in Hungarian Chapter 05 Volume 04 P. 235 - 241

Special edition in Lithuanian Chapter 05 Volume 04 P. 235 - 241

Special edition in Latvian Chapter 05 Volume 04 P. 235 - 241

Special edition in Maltese Chapter 05 Volume 04 P. 235 - 241

Special edition in Polish Chapter 05 Volume 04 P. 235 - 241

Special edition in Slovakian Chapter 05 Volume 04 P. 235 - 241

Special edition in Slovenian Chapter 05 Volume 04 P. 235 - 241

Directive 2002/44/EC of the European Parliament and of the Council

of 25 June 2002

on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (vibration) (sixteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 137(2) thereof,

Having regard to the proposal from the Commission [1], submitted after consultation with the Advisory Committee on Safety, Hygiene and Health Protection at Work,

Having regard to the opinion of the Economic and Social Committee [2],

Having consulted the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty [3], in the light of the joint text approved by the Conciliation Committee on 8 April 2002,

Whereas:

• (1) 

  Under the Treaty the Council may, by means of directives, adopt minimum requirements for encouraging improvements, especially in the working environment, to guarantee a better level of protection of the health and safety of workers. Such directives are to avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings.

• (2) 

  The communication from the Commission concerning its action programme relating to the implementation of the Community Charter of the Fundamental Social Rights of Workers provides for the introduction of minimum health and safety requirements regarding the exposure of workers to the risks caused by physical agents. In September 1990 the European Parliament adopted a resolution concerning this action programme [4], inviting the Commission in particular to draw up a specific directive on the risks caused by noise and vibration and by any other physical agent at the workplace.

• (3) 

  As a first step, it is considered necessary to introduce measures protecting workers from the risks arising from vibrations owing to their effects on the health and safety of workers, in particular muscular/bone structure, neurological and vascular disorders. These measures are intended not only to ensure the health and safety of each worker on an individual basis, but also to create a minimum basis of protection for all Community workers in order to avoid possible distortions of competition.

• (4) 

  This Directive lays down minimum requirements, thus giving Member States the option of maintaining or adopting more favourable provisions for the protection of workers, in particular the fixing of lower values for the daily action value or the daily exposure limit value for vibrations. The implementation of this Directive should not serve to justify any regression in relation to the situation which already prevails in each Member...

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