15 Amendments of Elizabeth LYNNE related to 2011/0152(COD)
Amendment 58 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1
Article 3 – paragraph 1 – subparagraph 1
1. Exposure limit values as well as orientation values and action values for both electric and magnetic fields in the frequency range from 0 to 100 kHz shall be as set out in Annex II.
Amendment 62 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
For exposure levels above the action value, appropriate verifications shall demonstrate that the exposure level is not exceeding the relevant exposure limit value for health effects. For exposure levels above the orientation value, appropriate verifications shall demonstrate that the exposure is not exceeding the relevant exposure limit values for safety and health effects or bycedures and training for workers shall be put in place to prevent safety consequences of any occurrence of adverse safety effects, unless appropriate verifications demonstratinge that the exposure level is below the action value. In the latter case, prdoes not exceed the releveantive measures and information to workers shall be adapted exposure limit values for safety effects.
Amendment 69 #
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3 a. The demonstration that the exposure is not exceeding the relevant exposure limit value is presumed if a machine or an installation of machines in combination meets technical files and /or instruction handbook based on harmonised European standards and establishes safe exposure levels.
Amendment 79 #
Proposal for a directive
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
4 a. In order to provide adequate protection for people working within the zone of exposure of magnetic resonance imaging (MRI) equipment, with the switched magnetic field gradients in operation, and to take due account of existing precautionary and protective measures against exposure to electromagnetic fields, employers shall perform risk assessments and take appropriate technical and organisational measures to protect workers against potential risks arising from exposure to electromagnetic fields. The only workers permitted to be in the zone of exposure of MRI equipment while it is in operation are those performing medical procedures, research, maintenance and cleaning which strictly necessitate their presence. Employers shall define a controlled access zone around the static magnetic field and take technical, organisational, information and training measures for workers who can enter the controlled access zone so as to reduce exposure and prevent risks.
Amendment 99 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. On the basis of the assessment of the levels of electromagnetic fields undertaken in accordance with paragraph 1, if any of the orientaction values referred to in Annexes II or III is exceeded, the employer shall further assess and, if necessary, calculate whether the exposure limit values for healthsafety effects are exceeded.
Amendment 103 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The assessment, measurement and/or calculations referred to in paragraphs 1 and 2 and 2a need not be carried out in workplaces open to the public provided that an evaluation has already been undertaken in accordance with the provisions of Council Recommendation 1999/519/EC of 12 July 1999 on the limitation of exposure of the general public to electromagnetic fields (0 Hz to 300 GHz)9 , and the restrictions as specified therein are respected for workers and safety risks are excluded. Where equipment, intended for the public and complying with EU product legislation and especially Directives 1999/5/EC and 2006/95/EC are being used as intended these conditions are met.
Amendment 106 #
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The assessment, measurement and/or calculations referred to in paragraphs 1 and 2 and 2a shall be planned and carried out by competent services or persons at suitable intervals, taking into account the guidance given in Annexes II and III and taking particular account of Articles 7 and 11 of Directive 89/391/EEC concerning the necessary competent services or persons and the consultation and participation of workers. The data obtained from the assessment, measurement and/or calculation of the level of exposure shall be preserved in a suitable form so as to permit consultation at a later stage.
Amendment 139 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. On the basis of the risk assessment referred to in Article 4(2), workplaces where workers could be exposed to electromagnetic fields exceeding the orientation or acaction values shall be indicated where appropriate by signs unless the risk assessment demonstrates that exposure limit values for health effects are not exceeded so that adverse health effects can be excluded. In the same way, on the basis of the risk assessment referred to in Article 4(2a), workplaces where workers could be exposed to electromagnetic fields exceeding the orientation values shall be indicated bywhere appropriate by signs in accordance with Annexes II and III andunless the risk assessment demonstrates that exposure limit values for safety effects is not exceeded so that adverse safety effects can be excluded. Such signs shall be in accordance with Council Directive 92/58/EEC of 24 June 1992 on the minimum requirements for the provision of safety and/or health signs at work (ninth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC). The areas in question shall be identified and access to them limited as appropriate. Where access to these areas is suitably restricted for other reasons then signs and access restrictions specific to electromagnetic fields are not required.
Amendment 146 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. In situations where workers are exposed above the exposure limit values for safety effects, procedures need to be in place and workers trained to ensure that any consequences of adverse safety effects are prevented. In any event, workers shall not be exposed above the exposure limit values for health effects unless the conditions under Article 3(6) are fulfilled. If, despite the measures taken by the employer to comply with this Directive, the exposure limit values for health effects are exceeded, the employer shall take immediate action to reduce exposure below these exposure limit values. The employer shall identify the reasons why the exposure limit values for health effects have been exceeded, and shall amend the protection and prevention measures accordingly in order to prevent them being exceeded again.
Amendment 151 #
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Pursuant to Article 15 of Directive 89/391/EEC, the employer shall adapt the measures referred to in this Article and in Annexes II and III to the requirements of workers at particular risk, particularly workers who have declared they are equipped with implantable or portable medical devices and women who have declared they are pregnant.
Amendment 160 #
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
1. With the objective of prevention and early diagnosis of any adverse health effects due to exposure to electromagnetic fields, appropriate health surveillance shall be carried out in accordance with Article 14 of Directive 89/391/EEC. Those provisions shall be introduced according to national law and/or practices.
Amendment 165 #
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 2
Article 8 – paragraph 1 – subparagraph 2
For exposures in the frequency range up to 100 kHz, where exposure above the exposure limit value for health effects has been detected, any undesired or unexpected health effect reported by a worker shall be transmitted to the person in charge of the medical surveillance who will take appropriate action in accordance with national law and practice.
Amendment 170 #
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 3
Article 8 – paragraph 1 – subparagraph 3
For exposure in the range from 100 kHz up to 300 GHz, and in any event where exposure above the exposure limit values is detected, a medical examination shall be made available to the worker(s) concernedduring working hours. The cost shall be met in accordance with national law and practice. If health damage resulting from such exposure is detected, a reassessment of the risks shall be carried out by the employer in accordance with Article 4.
Amendment 199 #
Proposal for a directive
Annex II – Part B – paragraph 1 - Note 1
Annex II – Part B – paragraph 1 - Note 1
Note 1: any situation where the measured value is higher than the orientation value or the action value, a thorough verification must be made according to Article 4(2)a) or Article 4(2) respectively.
Amendment 224 #
Proposal for a directive
Annex II – Part D – point 2
Annex II – Part D – point 2