19 Amendments of Julie GIRLING related to 2011/0152(COD)
Amendment 37 #
Proposal for a directive
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This Directive does not address long- term effectsaddresses risks due to known short-term adverse effects based on robust scientific evidence.
Amendment 48 #
Proposal for a directive
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) ‘exposure limit values’: limits on exposure to electromagnetic fields which have been established on the basis of known health effects and biological considerations. Compliance with the exposure limits values for health effects will ensure that workers exposed to electromagnetic fields are protected against all known adverse health effects. Compliance with the exposure limits values for safety effects will ensure that workers exposed to electromagnetic fields are protected against all known adverse health and safety effects;
Amendment 50 #
Proposal for a directive
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) ‘orientation value’ and ‘action value’: directly measurable – frequency-dependent – parameters, the magnitude of which is established in terms of electric field strength (E), magnetic field strength (H), magnetic flux density (B) and power density (S), and at which one or more of the measures specified in this Directive must be taken,. Compliance with the action value will ensure compliance with the exposure limit value for health effects. Compliance with the orientation value will ensure compliance with the exposure limit values for both adverse health and safety effects.
Amendment 64 #
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
2. Exposure limit values for health effects and action values for both electric and magnetic fields in the frequency range from 100 kHz to 300 GHz shall be as set out in Annex III.
Amendment 68 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. For the assessment, measurement and/or calculation of workers' exposure levels to electromagnetic fields likely to be significantly below the action value, simple methods may be used. For the other cases where the exposure level is likely to be close to or above the action value, Member States shall give guidance based onployers may make an assessment using, where available, harmonised European standards established by the European Committee for Electrotechnical Standardisation (CENELEC) or on other scientifically- based standards or guidelines.
Amendment 89 #
Proposal for a directive
Article 3 – paragraph 6
Article 3 – paragraph 6
6. Without prejudice to paragraphs 4 and 5, workers may not be exposed above the exposure limit values for health effects. For specific situations where these values may temporarily be exceeded, Member States may put in place a system authorisllowing work under controlled conditions and on the basis of a comprehensive risk assessment setting out the actual exposure levels and their likelihood and comparing them to the exposure limit values defined in Annexes II and III. Such specific situations shall be reported to the Commission in the report referred to in Article 17a of Directive 89/391/EEC.
Amendment 95 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. In carrying out the obligations laid down in Articles 6(3) and 9(1) of Directive 89/391/EEC, the employer shall assess and, if necessary, measure and/or calculate the levels of electromagnetic fields to which workers are exposed. Assessment, measurement and calculation may be carried out using the guidance provided in Annexes II and III. For specific cases not referred to in these Annexes, the employer may use harmonised European standards established by CENELEC for relevant assessment, measurement and calculation situations. The employer shall also be entitled to use other scientifically based standards or guidelines if required by the Member State concerned. When relevant, the employer shall also take into account the emission levels and other safety-related data provided by the manufacturers of equipment in accordance with relevant Union legislation.
Amendment 98 #
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 I II is exceeded, the employer shall further assess and, if necessary, calculate whether the exposure limit values for healthsafety effects are exceeded.
Amendment 102 #
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 2 a 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 107 #
Proposal for a directive
Article 4 – paragraph 5 – introductory part
Article 4 – paragraph 5 – introductory part
5. Pursuant to Article 6(3) of Directive 89/391/EEC, where appropriate the employer shall give particular attention, when carrying out the risk assessment, to the following:
Amendment 120 #
Proposal for a directive
Article 4 – paragraph 5 – point f
Article 4 – paragraph 5 – point f
Amendment 124 #
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
Amendment 128 #
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 2
Article 5 – paragraph 1 – subparagraph 2
The reduction of risks arising from exposure to electromagnetic fields shall be based onreduced or eliminated in accordance with the general principles of prevention set out in Directive 89/391/EEC.
Amendment 132 #
Proposal for a directive
Article 5 – paragraph 2 - introductory part
Article 5 – paragraph 2 - introductory part
2. On the basis of the risk assessment referred to in Article 4, once the action values referred to in Article 3 and Annexes II and III are exceeded, the employer, unless the assessment carried out in accordance with Article 4(2) demonstrates that the exposure limit values for health effects are not exceeded and that safety risks can be excluded, shall devise and implement an action plan comprising technical and/or organisational measures to prevent exposure exceeding the exposure limit values, taking into account in particular:
Amendment 140 #
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, workplaces where workers could be exposed to electromagnetic fields exceeding the orientation or action values shall be indicated by appropriate signs inage where accordance with Annexes II and III and 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 145 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Workers shall not be exposed above the exposure limit values for safety effects unless management controls are in place and workers are trained to ensure that the 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 164 #
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 169 #
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) concerned 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 200 #
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 orientaction value, a thorough verificationn assessment must be made according to Article 4(2a).