20 Amendments of Karima DELLI related to 2018/0081(COD)
Amendment 27 #
Proposal for a directive
Recital 1
Recital 1
(1) Principle 10 of the European Pillar of Social Rights43 , proclaimed at Gothenburg on 17 November 2017, provides that every worker has the right to healthy, safe and well-adapted work environment. The right to a high level of protection of the health and safety at work, as well as to a working environment adapted to the professional needs of workers and which enables them to prolong their participation in the labour market includes also protection from carcinogens and mutagens at the workplace irrespective of the arrangements for, and duration of employment and exposure. __________________ 43 European Pillar of Social Rights, November 2017, https://ec.europa.eu/commission/priorities/ deeper-and-fairer-economic-and-monetary- union/european-pillar-social-rights_en
Amendment 40 #
Proposal for a directive
Recital 3
Recital 3
(3) Occupational exposure limit values are part of risk management under Directive 2004/37/EC. The limit values should be revised regularly in accordance with the precautionary principle, the principle of the protection of workers and in light of available scientific and technical data concerning carcinogens and mutagens. Consideration should also be given to improving measurement techniques, risk management measures, and other relevant factors. Compliance with those limit values is without prejudice to other obligations of employers pursuant to Directive 2004/37/EC, such as the reduction of the use of carcinogens and mutagens at the workplace, the prevention or reduction of workers’ exposure to carcinogens or mutagens and the measures which should be implemented to that effect. Those measures should include, as far as it is technically possible, the replacement of the carcinogen or mutagen by a substance, mixture or process which is not dangerous or is less dangerous to workers’ health, the use of a closed system or other measures aiming to reduce the level of workers’ exposure. In that context, it is essential to take the precautionary principle into account where there are uncertainties.
Amendment 43 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) There is sufficient evidence of the carcinogenicity of diesel engine exhaust emissions. Diesel engine exhaust has been classified by the International Agency for Research on Cancer as carcinogenic (Group 1) to humans in 2012, based on sufficient evidence that exposure is associated with an increased risk for lung cancer. New diesel engine technology has changed the quality and quantity of diesel emissions and the associated cancer risks have been reduced but not eliminated. Due to the long transition time to switch from old to new diesel technology, a concomitant exposure to exhaust emissions from old and new diesel engines is expected to occur at work for the many years to come. Diesel engine exhaust emissions are process-generated and consequently they are not subject to classification in accordance with Regulation (EC) No 1272/2008. On the basis of available information, including scientific and technical data, a limit value for diesel engine exhaust emissions should be established. It is therefore appropriate to include work involving exposure to diesel engine exhaust emissions in Annex I and to establish a limit value for diesel engine exhaust emissions in Annex III to Directive 2004/37/EC. The entries in Annex I and Annex III to that Directive should cover fumes from all types of diesel engine and are thus irrespective of whether the exhaust emissions are from old or new diesel engines. Elemental carbon is known as the relevant marker of exposure to diesel engine exhaust emissions.
Amendment 48 #
Proposal for a directive
Recital 6
Recital 6
(6) 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 light of available information, including new scientific and technical data and evidence-based best practices, techniques and protocols for exposure level measurement at the workplace. That information should, if possible, include data on residual risks to the health of workers, recommendations of the Scientific Committee on Occupational Exposure Limits (SCOEL) and 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). ). Information related to residual risk, shall be made publicly available at Union level, is valuable for any future work to limit risks from occupational exposure to carcinogens and mutagens. Transparency of such information should be further encouraged. Transparency is a tool for prevention in this context.
Amendment 53 #
Proposal for a directive
Recital 7
Recital 7
(7) It is also necessary to consider other absorption pathways than inhalation of all carcinogens and mutagens, including the possibility of uptake through the skin, concretely through skin notation, in order to ensure the best possible level of protection. Amendments to Annex III to Directive 2004/37/EC provided for in this Directive constitute a further step in a longer term process initiated to update Directive 2004/37/EC.
Amendment 65 #
Proposal for a directive
Recital 12
Recital 12
(12) With regard to cadmium, a limit value of 0,001 mg/m3 may be difficult to be complied with in some sectors in the short term. A transitional period of sefiven years should therefore be introduced during which the limit value 0,004 mg/m3 should apply.
Amendment 67 #
Proposal for a directive
Recital 14
Recital 14
(14) With regard to beryllium, a limit value of 0,0002 mg/m3 may be difficult to be complied with in some sectors in the short term. A transitional period of fivthree years should therefore be introduced during which the limit value of 0,0006 mg/m3 should apply.
Amendment 73 #
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18a) Certain polycyclic aromatic hydrocarbons (PAHs) mixtures meet the criteria for classification as carcinogenic in accordance with Regulation (EC) No 1272/2008 and therefore are carcinogens as defined in Directive 2004/37/EC. Exposure to such mixtures may occur during work involving burning processes, such as from combustion engine exhaust, and high temperature combustion processes, among others. The existing entry 2 in Annex I to that Directive should therefore be extended to also cover other occupational exposure situations during which workers are exposed to these substances and their mixtures. In addition, on the basis of available information, including scientific and technical data, it is appropriate to establish a limit value for PAHs mixtures with benzo[a]pyrene as indicator in part A.
Amendment 74 #
Proposal for a directive
Recital 21
Recital 21
(21) The limit values set outestablished in this Directive are to be kept under review to ensure consistency with Regulation (EC) No 1907/2006 of the European Parliament and of the Council50 should be regularly monitored and revised if needed in the light of the implementation of Regulation (EC) No 1907/2006 of the European Parliament and of the Council50 and of the opinions of the ECHA Risk Assessment Committee (RAC) and Socio-economic Analysis Committee (SEAC), in particular to take account of the interaction between limit values set out underestablished in Directive 2004/37/EC and dose-response relations, actual exposure information, and, where available, DNELs (Derived nNo eEffect lLevels) derived for hazardous chemicals underin accordance with that Regulation in order to protect workers effectively. __________________ 50 Regulation (EC) No 1907/2006 of the Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1).
Amendment 78 #
Proposal for a directive
Article 1 – paragraph -1 (new)
Article 1 – paragraph -1 (new)
Directive 2004/37/EC
Recital 1 a (new)
Recital 1 a (new)
The following recital is inserted after recital 1: (1a) 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 in Article 2, and the right to fair and just working conditions with respect to health, safety and dignity under Article 31(1), thereof.
Amendment 79 #
Proposal for a directive
Article 1 – paragraph -1 a (new)
Article 1 – paragraph -1 a (new)
Amendment 81 #
Proposal for a directive
Article 1 – paragraph -1 b (new)
Article 1 – paragraph -1 b (new)
Directive 2004/37
Article 2 – paragraph 1 – point a – point i
Article 2 – paragraph 1 – point a – point i
In Article 2, paragraph 1, point a, point i is replaced by the following: "(i) a substance or mixture which meets the criteria for classification as a category 1A or 1B carcinogen set out in Annex I to Regulation (EC) No 1272/2008 of the European Parliament and of the Council and/or substances classified by the International Agency for Research on Cancer as carcinogens category group 1 or group 2A."
Amendment 82 #
Proposal for a directive
Article 1 – paragraph -1 c (new)
Article 1 – paragraph -1 c (new)
Directive 2004/37/EC
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
In Article 16 a new paragraph is inserted after paragraph 2: 2a. The limit values in Annex III shall ensure that the upper limit for the additional cancer risk as a result of working with substances listed in Annex III is below 1 in 2500 'over a 40-year working life of full time employment (40 hours/week)."
Amendment 86 #
Proposal for a directive
Article 1 – paragraph -1 d (new)
Article 1 – paragraph -1 d (new)
Directive 2004/37/EC
Annex I – point 5 b (new)
Annex I – point 5 b (new)
In Annex I of Directive 2004/37/EC the following point is added: “5b. Work involving exposure to diesel engine exhaust emissions”
Amendment 87 #
Proposal for a directive
Article 1 – paragraph -1 e (new)
Article 1 – paragraph -1 e (new)
Directive 2004/37/EC
Annex I – point 5 d (new)
Annex I – point 5 d (new)
In Annex I of Directive 2004/37/EC, the following point is added: “5d. Work involving exposure to polycyclic aromatic hydrocarbons present in coal soot, coal tar or coal pitch and work involving exposure to carcinogenic polycyclic aromatic hydrocarbons, in particular in any burning process, such as from combustion engine exhaust, and high temperature combustion processes, among others.”
Amendment 88 #
Proposal for a directive
Article 1 – paragraph -1 f (new)
Article 1 – paragraph -1 f (new)
Directive 2004/37/EC
Annex II – point 2 a (new)
Annex II – point 2 a (new)
Amendment 91 #
Proposal for a directive
Annex
Annex
Directive 2004/37/EC
Annex III – Part A – table – row 1
Annex III – Part A – table – row 1
Cadmium and its 0,001 Limit inorganicand its value compoundsinorganic 0,004 compounds mg/m3 until xx yyyy 202z [75 years]
Amendment 92 #
Proposal for a directive
Annex I
Annex I
Directive 2004/37/EC
Annex III – Part A – table – row 2
Annex III – Part A – table – row 2
Beryllium and 0,0002 Dermal and Limit inorganicand respiratory value berylliuminorganic sensitisation 0,00064 compoundsberyllium mg/m3 compounds until xx yyyy 202z [54 years]
Amendment 96 #
Proposal for a directive
Annex
Annex
Directive 2004/37/EC
Annex III – Part A – table – row 5 a (new)
Annex III – Part A – table – row 5 a (new)
Diesel - - 0,0000111a - - - - - - engine exhaust emissions ____________________ 1a benzo[a]pyrene as a marker of total PAH concentration
Amendment 99 #
Proposal for a directive
Annex
Annex
Directive 2004/37/EC
Annex III – Part A – table – row 5 b (new)
Annex III – Part A – table – row 5 b (new)
Polycyclic aromatic - - 0,000071a - - - - - - hydrocarbons mixtures containing benzo[a]pyrene which are carcinogens within the meaning of the Directive ____________________ 1a benzo[a]pyrene as a marker of total PAH concentration