Activities of Alessandra MORETTI related to 2022/0298(COD)
Shadow opinions (1)
OPINION on the proposal for a Directive of the European Parliament and of the Council amending Directive 2009/148/EC on the protection of workers from the risks related to exposure to asbestos at work
Amendments (34)
Amendment 37 #
Proposal for a regulation
Recital 3
Recital 3
(3) Asbestos is a highly dangerous carcinogenic agent, still affecting different economic sectors, such as building and renovation, mining and quarrying, waste management and firefighting, where workers are at high risk of being exposed. Asbestos fibres are classified as carcinogens 1A according to Regulation (EC) 1272/2008 of the European Parliament and of the Council5 and are by far the major cause of work-related cancer, with as much as 78% of occupational cancers recognised in the Member States as being related to asbestos. When inhaled, airborne asbestos fibres can lead to serious diseases such as mesothelioma and lung cancer, and the first signs of disease may take an average of 30 years to manifest from the moment of exposure, ultimately leading to work- related deaths. __________________ 5 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 (Text with EEA relevance)OJ L 353, 31.12.2008, p. 1.
Amendment 39 #
Proposal for a regulation
Recital 4
Recital 4
(4) Following the new scientific and technological developments in the area, there is scope to improve the protection of workers exposed to asbestos and thus to reduce the probability of workers contracting asbestos-related diseases. For asbestos, being a non-threshold carcinogen, it is not scientifically possible to identify levels below which exposure would not lead to adverse health effects. Instead, an exposure-risk relationship (ERR) can be derived, facilitating the setting of an occupational exposure limit (‘OEL’) by taking into account an acceptable level of excess risk. As a consequence, the OEL for asbestos should be revised in order to reduce the risk by lowering exposure levels.
Amendment 42 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) The concept of ‘sporadic and low intensity exposure’ is a non-science-based concept. As a result, it can not apply to a non-threshold carcinogen like asbestos, nor can it be used as a basis that justifies any exemptions from the protection measures laid down in this Directive;
Amendment 43 #
Proposal for a regulation
Recital 4 b (new)
Recital 4 b (new)
(4b) In the context of health and safety at work, state-of-the-art technology must always be applied to achieve the highest possible level of protection. Technical minimum requirements need to lower the concentration of asbestos fibres in the air to the lowest level technically possible, including through dust suppression and the suction of dust at the source, continuous sedimentation, and means of decontamination, combined with minimum requirements for the pressure difference between asbestos enclosures and surroundings, fresh air supply and HEPA filters;
Amendment 44 #
Proposal for a regulation
Recital 4 c (new)
Recital 4 c (new)
(4c) Passive exposure to asbestos, occupational and non-occupational, can have significant impacts on human health. Women are particularly vulnerable to certain kinds of passive asbestos exposure. There are different types of non-occupational exposure to asbestos, whether para-occupational (including exposure to asbestos dust inadvertently carried home by workers), domestic (including household objects containing asbestos), or environmental (including materials existing in buildings and installations or of industrial origin);
Amendment 46 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) Asbestos should be kept out of the circular economy to protect workers from unknowingly reusing dangerous materials. Life-cycle-management of building materials is an important part of the circular economy in the framework of the New EU Circular Economy Action Plan;
Amendment 51 #
Proposal for a regulation
Recital 7
Recital 7
(7) The limit value for asbestos set out in Directive 2009/148/EC should be revised in the light of the Commission’s evaluations and recent scientific evidence and technical data. Its revision is also an effective way to ensure that preventive and protective measures are updated accordinglyStrengthened preventive and protective measures are needed to implement such a revision of the limit value in all Member States.
Amendment 55 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) asbestos is a non-threshold carcinogenic and the European Parliament voted in Resolution 2019/2182 (INL) to lower the maximum exposure limit for workers at 0.001 fibres per cm3 (1000 fibres per m3), in line both with the Opinion of the European Chemical Agency and with the precautionary principle which should be guiding policy makers in matters related to public heath.
Amendment 56 #
Proposal for a regulation
Recital 11
Recital 11
(11) Optical microscopy, although it does not allow a counting of the smallest fibres detrimental to health, is currently the most used method for the regular measuring of asbestos. As it is possible to measure an OEL equal to 0.01 f/cm³ with phase-contrast microscope (PCM), no transition period is needed for the implementation of the revised OEL. In line with the opinion of the ACSH, a more modern and sensitive methodology based on electron microscopy should be used, while taking into account the need for an adequate period of adaptation and for more EU level harmonisation of different electron microscopy methodologies. In light of the fact that thinner asbestos fibres (<0,2μm) are also carcinogenic those fibres should be taken into account when measuring exposure in the workplace. Electron microscopy, which allows the detection of such thinner asbestos fibres should be used for that purpose. The Commission should support and facilitate Member States with regard to the new methodology for measuring asbestos fibres, in particular through the development of guidelines and providing information on relevant Union funds which can be used for that purpose.
Amendment 58 #
Proposal for a regulation
Recital 13
Recital 13
(13) Special control measures and precautions are needed for workers exposed or likely to be exposed to asbestos, such as sto lower the concentration of asbestos fibres in the air to as low a level as is technically possible below the limit value. Subjecting workers to a decontamination procedure and related training,strengthening the related training requirements are important elements in order to significantly contribute to reducing the risks related to such exposure. In order to ensure a level playing field, an annex to this Directive should provide for minimum training requirements, including specific requirements for workers in specialised asbestos removal undertakings.
Amendment 66 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) The safe removal and disposal of asbestos-containing materials should be a priority, because repair, maintenance, encapsulation or sealing only lead to the postponement of the removal, which can perpetuate the risks for inhabitants and workers for many years. The encapsulation and sealing of asbestos- containing materials which can technically be removed should be prohibited, while not putting poorer households at a disadvantage because of their inability to afford necessary renovations. Appropriate accompanying measures are therefore needed. In that regard, the Union provides significant funding, in particular through the Recovery and Resilience Facility, to be used to support national measures for the removal of asbestos in the context of renovations. Where asbestos is not removed, the relevant structures should be identified, registered and regularly monitored;
Amendment 75 #
Proposal for a regulation
Recital 15 b (new)
Recital 15 b (new)
(15b) There is a need to provide sufficient and focused administrative support to help employers, in particular microenterprises and small and medium- sized enterprises, implement this Directive. In particular, standardised processes for the removal of asbestos- containing materials would help to reduce the levels of asbestos dust, the cost of those operations and facilitate the fulfilment of the notification requirements.
Amendment 76 #
Proposal for a regulation
Recital 15 c (new)
Recital 15 c (new)
(15c) Directive 2009/148/EC should be regularly updated to take into account the latest scientific knowledge and technical developments including an evaluation of different types of asbestos fibres and their adverse health effects. The Commission should start by entry into force of this Directive the consultation process for updating the provisions on fibrous silicates and, in that context, should in particular assess whether riebeckite, winchite, richterite and fluoro-edenite should be included within the scope of that Directive.
Amendment 77 #
Proposal for a regulation
Recital 15 d (new)
Recital 15 d (new)
(15d) In order to keep pace with technological developments, the Commission should, by ...[five years after the entry into force of this Directive] and every five years thereafter, after consulting the social partners, review the technological and scientific information on asbestos identification, measurement and warning technology and should issue guidelines where such technology is to be used in order to protect workers from exposure to asbestos. A more systematic exchange between Member States of best practices should also be established for that purpose;
Amendment 80 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2009/148/EC
Article 2 – introductory phrase
Article 2 – introductory phrase
For the purposes of this Directive, ‘asbestos’ means the following fibrous silicates, which are meeting the criteria for classifiedcation as carcinogens 1A or 1B according to Regulation (EC) 1272/2008*:
Amendment 81 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2009/148/EC
Article 2 – point f a (new)
Article 2 – point f a (new)
(fa) erionite, CAS 66733-21-9 and CAS 66733-21-9;
Amendment 83 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 2009/148/EC
Article 3 – paragraph 1
Article 3 – paragraph 1
(2a) Article 3, paragraph 1 is replaced by the following: "This Directive shall apply to all activities in which workers are or may be exposed knowingly or unknowingly in the course of their work to dust arising from asbestos or materials containing asbestos. " Or. en (32009L0148)
Amendment 85 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 b (new)
Article 1 – paragraph 1 – point 2 b (new)
Directive 2009/148/EC
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 88 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 c (new)
Article 1 – paragraph 1 – point 2 c (new)
Directive 2009/148/EC
Article 3 – paragraph 4
Article 3 – paragraph 4
Amendment 90 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 d (new)
Article 1 – paragraph 1 – point 2 d (new)
Directive 2009/148/EC
Article 4 – paragraph 3 – subparagraph 2 a (new)
Article 4 – paragraph 3 – subparagraph 2 a (new)
Amendment 93 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 e (new)
Article 1 – paragraph 1 – point 2 e (new)
Directive 2009/148/EC
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
Amendment 94 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2009/148/EC
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(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 to a level as low as technically possible by implementing at least the following measures: (i) asbestos dust suppression; (ii) the suction of asbestos dust at the source; (iii) the continuous sedimentation of asbestos fibres suspended in the air; (iv) appropriate decontamination;
Amendment 95 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Directive 2009/148/EC
Article 7 – paragraph 1
Article 7 – paragraph 1
(3a) In Article 7, paragraph 1 is replaced by the following "Depending on the results of the initial risk assessment, and in order to ensure compliance with the limit value laid down in Article 8, measurement of asbestos fibres in the air at the workplace shall be carried out regularly. during the specific operational phases and at regular intervals during the work process;" Or. en (32009L0148)
Amendment 97 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 a (new)
Article 1 – paragraph 1 – point 5 a (new)
Directive 2009/148/EC
Article 10 – paragraph 1
Article 10 – paragraph 1
(5a) Article 10, paragraph 1 is replaced by the following: "1. Where the limit value laid down in Article 8 is exceeded, tor if there is reason to believe that asbestos-containing materials which are not identified prior to the work have been disturbed so as to generate dust, work shall stop immediately. The reasons for the limit being exceeded mustshall then be identified and appropriate measures to remedy the situation must be taken as soon as possible. Work mayshall not be continued in the affected area until adequate measures have been taken for the protection of the workers concerned. " Or. en (32009L0148)
Amendment 99 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Directive 2009/148/EC
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
(6a) In Article 12 paragraph 1, the introductory part is replaced by the following: "In the case of certain activities such as demolition, asbestos removal work, repairing and maintenance, in respect of which it is foreseeable that the limit value set out in Article 8 will be exceeded despite the use of all possible technical preventive measures for limiting asbestos in air concentrations, the employer shall determine the measures intended to ensure protection of the workers while they are engaged in such activities, in particular the following: " Or. en (32009L0148)
Amendment 101 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6 b (new)
Article 1 – paragraph 1 – point 6 b (new)
Directive 2009/148/EC
Article 15 – paragraph 1
Article 15 – paragraph 1
Amendment 102 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6 c (new)
Article 1 – paragraph 1 – point 6 c (new)
Directive 2009/148/EC
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
(6c) Article 16, paragraph 1, introductory part is replaced by following "1. In the case of all activities referred to in Article 3(1), and subject to Article 3(3), appropriate measures shall be taken to ensure that: " Or. en (32009L0148)
Amendment 105 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6 d (new)
Article 1 – paragraph 1 – point 6 d (new)
Directive 2009/148/EC
Article 17 – paragraph 2 – introductory part
Article 17 – paragraph 2 – introductory part
Amendment 106 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6 e (new)
Article 1 – paragraph 1 – point 6 e (new)
Directive 2009/148/EC
Article 18 – paragraph 1
Article 18 – paragraph 1
Amendment 107 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6 f (new)
Article 1 – paragraph 1 – point 6 f (new)
Directive 2009/148/EC
Article 18 – paragraph 2
Article 18 – paragraph 2
(6f) Article 18, paragraph 2 is replaced by the following: "An individual health record shall be established and kept for a minimum of 40 years in accordance with national laws and/or practices for each worker referred to in the first subparagraph. " Or. en (32009L0148)
Amendment 108 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6 g (new)
Article 1 – paragraph 1 – point 6 g (new)
Directive 2009/148/EC
Article 18 b a (new)
Article 18 b a (new)
Amendment 109 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6 h (new)
Article 1 – paragraph 1 – point 6 h (new)
Directive 2009/148/EC
Article 19 – paragraph 1
Article 19 – paragraph 1
Amendment 114 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 a (new)
Article 1 – paragraph 1 – point 7 a (new)
Directive 2009/148/EC
Article 21 – paragraph 1
Article 21 – paragraph 1
(7a) Article 21, paragraph 1 is replaced by the following: "Member States shall keep a register of all recognised cases of asbestosis and mesothelioma. -related occupational diseases. An indicative list of diseases that can be caused by asbestos exposure is set out in Annex I." Or. en (32009L0148)
Amendment 117 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 b (new)
Article 1 – paragraph 1 – point 7 b (new)
Directive 2009/148/EC
Article 21 a (new)
Article 21 a (new)