[ParlTrack]

Proposal for a directive
Recital 1

(1) Directive 2004/37/EC aims to protect workers against risks to their health and safety from exposure to carcinogens or, mutagens or reprotoxics at the workplace and lays down minimum requirements to that effect including limit values, on the basis of the available scientific and technical data.

2017/01/12
Committee: EMPL

Claude ROLIN, Georges BACH, Romana TOMC, Elisabeth MORIN-CHARTIER, Ivo BELET, Danuta JAZŁOWIECKA, Jeroen LENAERS, Anne SANDER, Csaba SÓGOR, Tom VANDENKENDELAERE

Proposal for a directive
Recital 2

(2) The binding occupational limit values should be reviewed regularly and at least every 5 years and revised when necessary in the light of scientific data. This revision should duly take into account the recommendations and opinions of the Scientific Committee on Occupational Exposure Limits (SCOEL) and the Advisory Committee on Safety and Health at work (ACSH) which is composed of three full members per Member State, representing national governments, trade unions and employers' organisations.

2017/01/12
Committee: EMPL

Claude ROLIN

Proposal for a directive
Recital 2 a (new)

(2a) Substances that are toxic to reproduction have adverse effects on sexual function and fertility in adult males and females, as well as developmental toxicity in the offspring. As not all reprotoxics are threshold substances, it is of utmost importance to enlarge the scope of the Directive 2004/37/EC to reprotoxics in order to better protect workers and their offspring.

2017/01/12
Committee: EMPL

Claude ROLIN

Proposal for a directive
Recital 2 b (new)

(2b) Health surveillance of workers for whom the results of the assessment referred to in Article 3(2) of directive 2004/37/EC reveal a risk to health or safety should be resumed even at the end of working life and would be carried out by Member States. Article 14 of Directive 2004/37/EC should be amended in this way.

2017/01/12
Committee: EMPL

Claude ROLIN, Georges BACH, Romana TOMC, Elisabeth MORIN-CHARTIER, Ivo BELET, Danuta JAZŁOWIECKA, Jeroen LENAERS, Anne SANDER, Csaba SÓGOR, Tom VANDENKENDELAERE

Proposal for a directive
Recital 2 c (new)

(2c) There is no harmonised methodology for measuring workers' exposure to carcinogens, mutagens and substances that are toxic for reproduction at European level. The European Commission should shortly develop such an EU methodology in order to ensure on the one hand, similar and high-level protection for workers and on the other hand, a level playing field.

2017/01/12
Committee: EMPL

Claude ROLIN, Georges BACH, Romana TOMC, Elisabeth MORIN-CHARTIER, Ivo BELET, Danuta JAZŁOWIECKA, Jeroen LENAERS, Anne SANDER, Csaba SÓGOR, Tom VANDENKENDELAERE

Proposal for a directive
Recital 2 d (new)

(2d) More transparency on health risks incurred by workers should be provided by including two new columns to Annex III in order to indicate the residual cancer risk associated with each Binding Occupational Exposure Limit and the date of the last estimation.

2017/01/12
Committee: EMPL

Claude ROLIN

Proposal for a directive
Recital 2 e (new)

(2e) The requirements contained in directive 2004/37/CE aim to protect workers from occupational exposure to carcinogens, mutagens and reprotoxics at the Union level and have to be considered as a minimum. More stringent Binding Occupational Exposure Limits can be set by Member States when the revised directive will be transposed into national laws.

2017/01/12
Committee: EMPL

Claude ROLIN, Georges BACH, Romana TOMC, Elisabeth MORIN-CHARTIER, Ivo BELET, Danuta JAZŁOWIECKA, Jeroen LENAERS, Anne SANDER, Csaba SÓGOR, Tom VANDENKENDELAERE

Proposal for a directive
Recital 4 a (new)

(4a) The Advisory Committee on Safety and Health at work also assists the Commission, by giving for instance opinions on the Occupational Exposure Limits which should be set at EU level pursuant to Council Directive 98/24/EC and Directive 2004/37/EC in order to protect workers from chemical risks. These opinions are based in particular on the latest available scientific data and socioeconomic impacts.

2017/01/12
Committee: EMPL

Claude ROLIN

Proposal for a directive
Recital 7

(7) The limit values set out in Annex III to Directive 2004/37/EC for vinyl chloride monomer and hardwood dusts should be revised in the light of more recent scientific data and the distinction between hardwood dust and softwood dust should be removed as recommended by the Scientific Committee on Occupational Exposure Limits which concludes in its risk assessment for wood dust (SCOEL/SUM/102 final) that given the currently available data and with a view to protecting the health of workers, all in all it does not seem pertinent to distinguish between softwood and hardwood dusts.

2017/01/12
Committee: EMPL

Claude ROLIN

Proposal for a directive
Recital 18

(18) This amendment strengthens the protection of workers' health and safety at their workplace. on condition that all the new provisions contained in the revised directive 2004/37/CE are properly implemented by companies and workers. Member States should ensure that labour inspectorates have sufficient financial and human means to carry out their duties while helping companies, and in particular SMEs, to comply with these new provisions and should closely collaborate with the European Agency for Safety and Health at work and dedicate sufficient financial means to support a proper implementation of this revised directive while avoiding any job losses.

2017/01/12
Committee: EMPL

Claude ROLIN

Proposal for a directive
Recital 18 a (new)

(18a) The ongoing revision of the directive 2004/37/CE has to be considered as a first batch. Additional limit values for substances, mixtures and processes will be proposed shortly. The coming revisions should include, but not be limited to, substances, mixtures and processes such as : formaldehyde, trichloroethylene, dibromoethane, methylenedianiline, diesel engine exhaust emissions, benzo(a)pyrene, bromoethylene, methylenedianiline, beryllium and beryllium compounds, rubber process fume and dust, chloroprene, 4,4'- methylene bis 2-chloroaniline, 1,2- dichloroethane, leather dust, cadmium and trichloroethylene.

2017/01/12
Committee: EMPL

Claude ROLIN

Proposal for a directive
Recital 19 a (new)

(19a) In its opinions, the Advisory Committee on Safety and Health at work (ACSH) mentions a review period for Binding Occupational Exposure limits of several substances. According to the ACSH, binding occupational exposure limits on Respirable Cristalline Silica and Hardwood Dusts should be revised within 3-5 years, Acrylamide and 1,3-Butadiene within 3 years, and Chromium VI within an adequate review period. Therefore, the European Commission should ask the ACSH to produce new opinions for these substances.

2017/01/12
Committee: EMPL

Claude ROLIN

Proposal for a directive
Recital 19 b (new)

(19b) In its opinion on Refractory ceramic fibres, the Advisory Committee on Safety and Health at work (ACSH) agreed that an Occupational Exposure Limit for this substance is necessary but did not succeed in reaching a compromise on such a value. Therefore, the European Commission should encourage the ACSH to discuss further in order to draw up an opinion on a Binding Occupational Exposure Limit for the Refracotry ceramic fibres.

2017/01/12
Committee: EMPL

Claude ROLIN, Georges BACH, Romana TOMC, Elisabeth MORIN-CHARTIER, Ivo BELET, Jeroen LENAERS, Anne SANDER, Csaba SÓGOR, Tom VANDENKENDELAERE

Proposal for a directive
Article 1 – point -1 (new)

Directive 2004/37/EC
Title

-1. The title is replaced by the following: “Directive 2004/37/EC 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 or, mutagens or reprotoxics at work (Sixth individual Directive within the meaning of Article 16(1) of Council Directive 89/391/EEC)” ~~lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:229:0023:0034:EN:PDF)~~Or. en (http://eur-

2017/01/12
Committee: EMPL

Claude ROLIN, Romana TOMC

Proposal for a directive
Article 1 – point -1 a (new)

Directive 2004/37/EC
Article 1 – paragraph 1 – subparagraph 1

(-1a) Article 1, paragraph 1, subparagraph 1 is amended as follows “This Directive has as its aim the protection of workers against risks to their health and safety, including the prevention of such risks, arising or likely to arise from exposure to carcinogens or, mutagens ~~at work.” lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:229:0023:0034:EN:PDF)~~or reprotoxics at work.” Or. en (http://eur-

2017/01/12
Committee: EMPL

Claude ROLIN, Romana TOMC

Proposal for a directive
Article 1 – point -1 b (new)

Directive 2004/37/EC
Article 2 – paragraph 1 – point c a (new)

(-1b) In Article 2, the following point is added: "(ca) 'reprotoxic' means : a substance which meets the criteria for classification as a reproductive toxicants of category 1A or 1B set out in Regulation (EC) No 1272/2008".

2017/01/12
Committee: EMPL

Claude ROLIN