Directive 2009/148 - Protection of workers from the risks related to exposure to asbestos at work (Codified version) - Main contents
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Directive 2009/148/EC of the European Parliament and of the Council of 30 November 2009 on the protection of workers from the risks related to exposure to asbestos at work (Codified version)| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2009/148 |
| Original proposal | COM(2006)664  |
| CELEX number i | 32009L0148 |
| Document | 30-11-2009 |
|---|---|
| Publication in Official Journal | 16-12-2009; Special edition in Croatian: Chapter 15 Volume 022,OJ L 330, 16.12.2009 |
| Effect | 05-01-2010; Entry into force Date pub. + 20 See Art 25 |
| Deadline | 31-12-2028; See Art 22a.1 |
| End of validity | 31-12-9999 |
16.12.2009 |
EN |
Official Journal of the European Union |
L 330/28 |
DIRECTIVE 2009/148/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 30 November 2009
on the protection of workers from the risks related to exposure to asbestos at work
(codified version)
(Text with EEA relevance)
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,
Having regard to the opinion of the European Economic and Social Committee (1),
After consulting the Committee of the Regions,
Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
Whereas:
(1) |
Council Directive 83/477/EEC of 19 September 1983 on the protection of workers from the risks related to exposure to asbestos at work (second individual Directive within the meaning of Article 8 of Directive 80/1107/EEC) (3) has been substantially amended several times (4). In the interests of clarity and rationality the said Directive should be codified. |
(2) |
Asbestos is a particularly dangerous agent which may cause serious diseases and which is found in a large number of circumstances at work. Many workers are therefore exposed to a potential health risk. Crocidolite is considered to be a particularly dangerous type of asbestos. |
(3) |
Although current scientific knowledge is not such that a level can be established below which risks to health cease to exist, a reduction in exposure to asbestos will nonetheless reduce the risk of developing asbestos-related disease. It is accordingly necessary to provide for the establishment of specific harmonised procedures regarding the protection of workers with respect to asbestos. This Directive includes minimum requirements which will be reviewed on the basis of experience acquired and of developments in technology in this area. |
(4) |
Optical microscopy, although it does not allow a counting of the smallest fibres detrimental to health, is the most currently used method for the regular measuring of asbestos. |
(5) |
Preventive measures for the protection of the health of workers exposed to asbestos and the commitment envisaged for Member States with regard to the surveillance of their health are important. |
(6) |
In order to ensure clarity in the definition of the fibres, they should be defined either in mineralogical terms or by reference to their Chemical Abstract Service (CAS) number. |
(7) |
Without prejudice to other Community provisions concerning the marketing and use of asbestos, limiting the activities involving exposure to asbestos should play a very important role in preventing the diseases associated with such exposure. |
(8) |
The notification system for activities involving exposure to asbestos should be adapted to new work situations. |
(9) |
The prohibition on the application of asbestos by means of the spraying process is not sufficient to prevent the release of asbestos fibres into the air. It is also important to prohibit activities which expose workers to asbestos fibres during the extraction of asbestos or the manufacture and processing of asbestos products or the manufacture and processing of products containing intentionally added asbestos fibres, in view of their high and unpredictable level of exposure. |
(10) |
Taking account of the latest technical expertise, it is necessary to specify the sampling methodology to be used to measure the asbestos level in air and the method of counting fibres. |
(11) |
Even though it has not yet been possible to identify the exposure threshold below which asbestos does not involve a cancer risk, occupational exposure of workers... |
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