7 Amendments of Dennis RADTKE related to 2020/0262(COD)
Amendment 15 #
Proposal for a directive
Recital 1
Recital 1
(1) Directive 2004/37/EC of the European Parliament and the Council45 aims to protect workers against risks to their health and safety from exposure to carcinogens or mutagens at the workplace. A consistenthigh level of protection from the risks related to the occupational exposure to carcinogens and mutagens is provided for in that Directive by a framework of general principles to enable Member States to ensure the consistent application of minimum requirements. The aim of these minimum requirements is to protect workers at Union level. More stringent provisions can be set by Member States. __________________ 45 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 at work (Sixth individual Directive within the meaning of Article 16(1) of Council Directive 89/391/EEC) (OJ L 158, 30.4.2004, p. 50).
Amendment 20 #
Proposal for a directive
Recital 2
Recital 2
(2) Principle 10 of the European Pillar of Social Rights46 , jointly proclaimed by the European Parliament, the Council and the Commission at the Social Summit for Fair Jobs and Growth on 17 November 2017, provides workers’ right to a high level of protection of their health and safety at work, which includes the protection from the exposure to carcinogens and mutagens at the workplace, irrespective of the arrangements for, and duration of employment and exposure. __________________ 46European Pillar of Social Rights, November 2017, available at : https://ec.europa.eu/commission/sites/beta- political/files/social-summit-european- pillar-social-rights-booklet_en.pdf
Amendment 24 #
Proposal for a directive
Recital 3
Recital 3
(3) Binding occupational exposure limit values are important component of the general arrangements for the protection of workers established by Directive 2004/37/EC and must not be exceeded. Limit values and other directly related provisions should be evidence-based and measurable, being established for all those carcinogens or mutagens for which the available information, including updated scientific and technical data, make this possible.
Amendment 36 #
Proposal for a directive
Recital 5
Recital 5
(5) This Directive strengthens the protection of workers’ health and safety at their workplace. New limit values should be set out in Directive 2004/37/EC in the lightThe Commission should review it on a regular basis and make legislative proposals if appropriate. New binding limit values should be set out in Directive 2004/37/EC. Binding occupational exposure limit values should be evidence-based and measurable, being established on the basis of available information, including newupdated scientific and technical data, economic feasibility of implementation and compliance and should also be based on a thorough assessment of the socioeconomic impact and availability of exposure measurement protocols and techniques at the workplace. That information should, if possible, include data on residual risks to the health of workers, opinions of the Committee for Risk Assessment (RAC) of the European Chemicals Agency (ECHA), as well as opinions of the Advisory Committee on Safety and Health at Work (ACSH) and monographs of the International Agency for Research on Cancer (IARC1a). Information related to residual risk, made publicly available at Union level, is valuable for any future work to limit risks from occupational exposure to carcinogens and mutagens.
Amendment 59 #
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) In implementing this Directive Member States should take the everyday existence of small and medium-sized enterprises (SMEs) into account. Member States are therefore invited to assess the impact of their transposition act on SMEs in order to make sure that SMEs are not disproportionately affected, with specific attention for micro-enterprises and for administrative burden, and to publish the results of such assessments. While maintaining equal protection levels for all the workers, compliance for SMEs and microenterprises should be facilitated; against this background, specific measures such as incentives and digital tools could help them to better comply with the obligations laid down in the Directive 2004/37/EC. In that regard, the social partners should exchange best practices.
Amendment 63 #
Proposal for a directive
Recital 18 b (new)
Recital 18 b (new)
(18b) Articles 153, 154 and 155 TFEU establish the scope and authority of the social partners to negotiate and enforce agreements relating to occupational health and safety and the Charter of Fundamental Rights of the European Union guarantees, in particular, the fundamental right to life (Article 2) and the right to fair and just working conditions with respect to health, safety and dignity (Article 31(1)).
Amendment 90 #
Proposal for a directive
Article 1 – point -1z (new)
Article 1 – point -1z (new)
Directive 2004/37/EC
Article 11 – paragraph 1 – subparagraph 2 – indents 1 and 2
Article 11 – paragraph 1 – subparagraph 2 – indents 1 and 2