Particular Exposures IV [EU]

Exposure to electromagnetic fields

This Directive lays down minimum requirements concerning the protection of workers from the risks arising from exposure to electromagnetic fields and waves.

ACT

Directive 2004/40/EC of the European Parliament and of the Council of 29 April 2004 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (electromagnetic fields)
Eighteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC [See amending acts].

This Directive forms part of a “package” of four directives on the exposure of workers to the risks arising from physical agents: noise, vibration, electromagnetic fields and optical radiation.
It is an individual directive under framework Directive 89/391/EEC on the introduction of measures to encourage improvements in the safety and health of workers at work.

Scope

The Directive provides for measures to protect workers from the risks related to electromagnetic fields. However, it does not address the long-term effects, including the carcinogenic effects, that could result from exposure to electrical, magnetic and electromagnetic fields, for which there is no conclusive scientific data establishing a causal link.

Moreover, the Directive does not yet provide for exposure limits for static magnetic fields, for which further scientific evaluations are awaited.

The measures foreseen create a minimum basis of protection for all workers in the Union, leaving the Member States the option of keeping or adopting more favourable provisions. Moreover, its implementation cannot be used to justify any regression of the (possibly more favourable) provisions that apply in each Member State before its entry into force.

Limit Values

The Directive lays down two types of value for exposure of workers:

• “exposure limit values” defined in Table 1 of the Annex to the Directive on the basis of the various frequencies that are recognised as having harmful effects on the human cardiovascular system or the central nervous system or as being capable of causing whole-body heat stress or excessive localised heating of tissues;
• “action values”, or values above which employers must take the measures specified in the Directive. Compliance with these action values will ensure compliance with the relevant exposure limit values. These action values are obtained from the guidelines laid down by the International Commission on Non-Ionising Radiation Protection (ICNIRP). They are set out in Table 2 of the Annex to the Directive (13 frequency ranges that apply to all electromagnetic fields and are based on directly measurable parameters).

Obligations of Employers

The Directive lays down various types of obligation with which employers must comply.

Determination of exposure and assessment of risks

• assessment, measurement and calculation, by the appropriate services and at regular intervals, of the levels of electromagnetic fields to which workers are exposed;
• saving of the results of this assessment on a suitable data storage medium so that they can be consulted at a later stage;
• consideration in the assessment of risks (among other things, of the level, frequency spectrum, duration and type of exposure), of the indirect effects, such as interference with medical electronic equipment and devices, fires and explosions resulting from ignition of flammable materials.

Provisions designed to avoid or reduce risks

Once the action values are exceeded, employers must devise and implement an action plan comprising technical and/or organisational measures intended to prevent exposure from exceeding the exposure limit values (modification of working methods, choice of appropriate work equipment, better design of work stations, etc.). However, employers are not obliged to do so if they prove that there are no risks to the health of workers.

If, despite the measures taken by the employer to limit the risks, the exposure limit values are exceeded, the employer must take immediate action in order to reduce exposure to an authorised level.

Worker information and training

Exposed workers or their representatives must receive all necessary information and training, particularly relating to the outcome of the risk assessment, the measures taken by the employer, safe working practices, the detection of adverse effects and the circumstances in which workers are entitled to health surveillance.

Consultation and participation of workers

The Directive restricts itself to the requirements laid down in framework Directive 89/391/EEC.

MISCELLANEOUS PROVISIONS

Health surveillance

The Directive provides for the requirement of appropriate surveillance of the health of exposed workers with the objective of preventing any adverse effects due to exposure to electromagnetic fields.
Where exposure exceeds the limit values, a medical examination is foreseen. If it transpires that the health of the workers concerned has been harmed as a result of this exposure, a reassessment of the risks must be carried out.

Measures are also foreseen to ensure that the doctor responsible for the health surveillance has access to the results of the risk assessment, while the workers concerned will be able to have access to their own personal health records, at their request.

Sanctions

The Member States must provide for adequate sanctions in the event of infringement of the national provisions transposing the Directive.

Reports

Member States must provide a report to the Commission every five years on the practical implementation of the Directive, indicating the points of view of the social partners.

Every five years, the Commission must inform the European Parliament, the Council, the European Economic and Social Committee and the Advisory Committee on Safety and Health Protection at Work of the content of the reports of the Member States. It must also send them an assessment of developments in this field, in particular as regards exposure to static magnetic fields.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Directive 2004/40/EC	30.04.2004	30.04.2008	OJ L 184 of 24.05.2004

Exposure to mechanical vibration

Improving the protection of workers against the risks arising from exposure to mechanical vibration by laying down minimum requirements with regard to the protection of health and safety.

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) [Official Journal L 177, 06.07.2002]

Minimum Requiresments

Following the adoption of Framework Directive 89/391/EEC on the introduction of measures to encourage improvements in the safety and health of workers at work, it was considered necessary to legislate on the specific problem of exposure to mechanical vibration. Vibration poses a potential risk to workers as it may give rise to musculoskeletal, neurological and vascular disorders. Directive 2002/44/EC applies without prejudice to more stringent and/or specific provisions contained in the Framework Directive.

The Directive specifies two different types of vibration:

• vibration which, when transmitted to the human hand-arm system, entails risks to the health and safety of workers, in particular vascular, bone or joint, neurological or muscular disorders; and
• vibration which, when transmitted to the whole body, entails risks to the health and safety of workers, in particular lower-back morbidity and trauma of the spine.

The Directive lays down exposure limit values and exposure “action” values (above which employers must take measures):

• For hand-arm vibration, the daily exposure limit value standardised to an eight-hour reference period shall be 5 m/s2 and the daily exposure action value standardised to an eight-hour reference period shall be 2,5 m/s2.
• For whole-body vibration, the daily exposure limit value standardised to an eight-hour reference period shall be 1,15 m/s2 or, at the choice of the Member State concerned, a vibration dose value of 21 m/s1,75, and the daily exposure action value standardised to an eight-hour reference period shall be 0,5 m/s2 or, at the choice of the Member State concerned, a vibration dose value of 9,1 m/s1,75.

Workers’ exposure to vibration shall be assessed or measured on the basis of the technical specifications listed in the Annex to the Directive.

Determination and assessment of risks

When carrying out the risk assessment provided for in Framework Directive 89/391/EEC, the employer shall assess and, if necessary, measure the levels of mechanical vibration to which workers are exposed. The level of exposure to mechanical vibration may be assessed by means of observation of specific working practices and reference to relevant information provided by the manufacturer of the equipment. That operation shall be distinguished from measurement, which requires the use of specific apparatus and appropriate methodology. These two operations shall be planned and carried out by competent services at regular intervals. The data obtained from the assessment and/or measurement of the level of exposure to mechanical vibration shall be preserved in a suitable form so as to permit consultation at a later stage

In accordance with Framework Directive 89/391/EEC, the employer shall give particular attention, when carrying out the risk assessment, to the following:

• the level, type and duration of exposure, including any exposure to intermittent vibration or repeated shocks;
• the exposure limit values and the exposure action values laid down in Article 3 of this Directive;
• any effects concerning the health and safety of workers at particularly sensitive risk;
• any indirect effects on worker safety resulting from interactions between mechanical vibration and the workplace or other work equipment;
• information provided by the manufacturers of work equipment in accordance with the relevant Community Directives;
• the existence of replacement equipment designed to reduce the levels of exposure to mechanical vibration;
• the extension of exposure to whole-body vibration beyond normal working hours under the employer’s responsibility;
• specific working conditions such as low temperatures;
• appropriate information obtained from health surveillance, including published information, as far as possible.

The risk assessment shall be recorded on a suitable medium and be kept up-to-date on a regular basis.

Provisions aimed at avoiding or reducing exposure

On the basis of the risk assessment, the employer shall determine what measures to take. Taking account of technical progress and of the availability of measures to control the risk at source, the risks arising from exposure to mechanical vibration shall be eliminated at their source or reduced to a minimum.

Once the exposure “action” values (referred to under point 3 above) are exceeded, the employer shall establish and implement a programme of technical and/or organisational measures intended to reduce to a minimum exposure to mechanical vibration and the attendant risks, taking into account in particular:

• other working methods;
• the choice of appropriate work equipment;
• the provision of auxiliary equipment that reduces the risk of injuries caused by vibration, such as seats that effectively reduce whole-body vibration and handles which reduce the vibration transmitted to the hand-arm system;
• appropriate maintenance programmes for work equipment, the workplace and workplace systems;
• the design and layout of workplaces and work stations;
• adequate information and training for workers;
• limitation of the duration and intensity of the exposure;
• appropriate work schedules with adequate rest periods;
• the provision of clothing to protect exposed workers from cold and damp.

In any event, workers shall not be exposed above the exposure limit value. If, despite the measures taken by the employer, the exposure limit value is exceeded, the employer shall take immediate action to reduce exposure below the exposure limit value. He shall identify the reasons why the exposure limit value has been exceeded, and shall amend the protection and prevention measures accordingly in order to prevent it being exceeded again.

Worker information and training

In accordance with Framework Directive 89/391/EEC, the employer shall ensure that workers who are exposed to the risks from mechanical vibration at work and/or their representatives receive information and training relating to risks from mechanical vibration, concerning in particular:

• the measures taken to implement this Directive in order to eliminate or reduce to a minimum the risks from mechanical vibration;
• the exposure limit values and the exposure action values;
• the results of the assessment and measurement of the mechanical vibration carried out in accordance with Article 4 of this Directive and the potential injury arising from the work equipment in use;
• why and how to detect and report signs of injury;
• the circumstances in which workers are entitled to health surveillance;
• safe working practices.

Prevention and diagnosis

Member States shall adopt provisions to ensure the appropriate health surveillance of workers. Health surveillance shall be intended to prevent and diagnose rapidly any disorder linked with exposure to mechanical vibration. Such surveillance shall be appropriate where:

• the exposure of workers to vibration is such that a link can be established between that exposure and an identifiable illness or harmful effects on health; and
• it is probable that the illness or the effects occur in a worker’s particular working conditions.

In any event, workers exposed to mechanical vibration in excess of the “action” values shall be entitled to appropriate health surveillance.

Member States shall establish arrangements to ensure that, for each worker who undergoes health surveillance, individual health records are kept. The individual worker shall, at his request, have access to the health records relating to him personally.

Where, as a result of health surveillance, a worker is found to have an identifiable disease or adverse health effect which is considered by a doctor or occupational health-care professional to be the result of exposure to mechanical vibration at work:

• the worker shall be informed of the result which relates to him personally and shall receive information and advice;
• the employer shall be informed of any significant findings from the health surveillance, taking into account any medical confidentiality;
• the employer shall review the risk assessment;
• the employer shall review the measures provided for to eliminate or reduce risks, including the possibility of assigning the worker to alternative work where there is no risk of further exposure;
• the employer shall arrange continued health surveillance and provide for a review of the health status of any other worker who has been similarly exposed.

Transitional periods

With regard to implementation of the obligations referred to under point 8 above (workers shall not be exposed above the exposure limit value), Member States shall be entitled to make use of a maximum transitional period of five years from 6 July 2005 where work equipment is used which was given to workers before 6 July 2007 and which does not permit the exposure limit values to be respected, taking into account the latest technical advances and/or the organisational measures taken.

With regard to equipment used in the agriculture and forestry sectors, Member States shall be entitled to extend the maximum transitional period by up to four years to a total of nine years.

Derogations

In the case of sea and air transport, Member States may grant derogations in duly justified circumstances with respect to whole-body vibration where, given the state of the art and the specific characteristics of workplaces, it is not possible to comply with the exposure limit value despite the technical and/or organisational measures taken.

Where the exposure of a worker to mechanical vibration is usually below the exposure “action” values but varies markedly from time to time and may occasionally exceed the exposure limit value, Member States may also grant derogations. However, the exposure value averaged over 40 hours must be less than the exposure limit value and there must be evidence to show that the risks from the pattern of exposure to the work are lower than those from exposure at the exposure limit value.

These derogations shall be granted by Member States after consultation of the two sides of industry in accordance with national laws and practice. They must be accompanied by conditions which guarantee, taking into account the special circumstances, that the resulting risks are reduced to a minimum and that the workers concerned are subject to increased health surveillance.

Every four years Member States shall forward to the Commission a list of derogations, indicating the exact reasons and circumstances which made them decide to grant the derogations.