The Commission presented a working document accompanying the Commission communication to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions on the modernisation of the EU occupational safety and health legislation and policy.

The detailed ex-post evaluation of the EU acquis, checking their relevance as well as efficiency, effectiveness, coherence and EU added value, carried out by the Commission confirms that the framework meets its ambition to adequately protect workers.

Main conclusions : the evaluation concluded that the overall structure of the EU occupational safety and health acquis, consisting of a goal-oriented Framework Directive complemented by specific Directives, is generally effective and fit-for-purpose.

However, it pointed to specific provisions of individual Directives that have become outdated or obsolete , and highlighted the need to find effective ways to address new risks .

The way in which Member States have transposed the EU occupational safety and health Directives varies considerably across Member States. Compliance costs therefore vary and cannot be easily dissociated from more detailed national requirements.

As regards SMEs : the evaluation clearly concluded that compliance with the occupational safety and health Directives is more challenging for SMEs than large establishments, while at the same time the major and fatal injury rates are higher for SMEs . Specific support measures are therefore necessary to reach SMEs and help them increase their compliance in an efficient and effective way.

Next steps : the evaluation considered that occupational safety and health measures should reach the widest number of people at work, no matter the type of working relationship they are in, and no matter the size of company they work for . Compliance with occupational safety and health rules should be manageable for businesses of all sizes and effectively monitored on the ground.

Measures must be result-oriented, instead of paper-driven, and maximum use should be made of new digital tools to facilitate implementation.

Characteristics of the evaluation : this exercise also forms part of the Commission's Regulatory Fitness (REFIT) Programme with a special focus on SMEs. In this respect, the evaluation concentrated both on Framework Directive 89/391/EEC and on the other 23 directives related to it.

The evaluation also concerned Directive 2002/44/EC of the European Parliament and of the Council on the minimum health and safety requirements regarding the exposure of workers to the risk arising from physical agents (vibration) (sixteenth individual directive within the meaning of Article 16(1) of Directive 89/391/EEC).

The Directive has the objective of minimising the incidence of diseases and accidents caused by workers’ exposure to vibration. The focus is on long term health issues, rather than acute accidents, although some acute risks to safety are also identified.

It does so by laying down minimum requirements for the protection of workers from risks to their safety and health arising or likely to arise from exposure to either whole-body or hand-arm vibration – in particular muscular/bone structure, neurological and vascular disorders, namely by setting up exposure limit values and action values in respect of the daily exposure to vibration.

The evaluation noted that the Directive remains relevant and has fulfilled its objectives. This said, the evaluation study made a number of recommendations for the way forward when developing the Directive:

revise limit values : limit values can be revised due to the fact that modern machines in general emit less vibration and that many production processes have been automated. Some limit values may be reduced as low-cost technical solutions have become available to reduce vibration. Others may become less important to address as fewer and fewer workers are exposed to certain types of vibration. Consequently, it is recommended that the procedures of adoption/amendment of limit values and action values are clarified and where relevant are harmonised with the other physical agents Directives; review the risk assessment procedure under the Directive : the idea would be to include the provision of Directive 2003/10/EC (noise) requiring employers to give particular attention to the extension of exposure beyond normal working hours under the employer's responsibility; examine the risk management measures derived from the risk assessment under the Directive to ensure that they include measures on the limitation of the duration and levels of the exposure; consider using a common instrument for vibration and noise by aligning it with the more stringent requirements set by the 1977 ILO Working Environment (Air Pollution, Noise and Vibration) Convention (No. 148).

EUR-Lex
SWD(2017)0010

Results of vote in Parliament

Directive 2002/44
OJ L 177 06.07.2002, p. 0013
Corrigendum to final act 32004L0040R(04)
OJ L 079 21.03.2013, p. 0036

T5-0199/2002
OJ C 131 05.06.2003, p. 0016-0114 E

T5-0199/2002

Debate in Parliament

3616/2002

3616/2002

A5-0110/2002

A5-0110/2002

EUR-Lex
COM(2001)0717

The European Parliament adopted the resolution drafted by Helle THORNING-SCHMIDT (PES, DK), and agreeing with the parliamentary committee, made some amendments to the common position.

-As regards whole-body vibration, Parliament decided that the limit and action values should correspond to ISO standards which would represent a lower threshold than the values being proposed by the Council.

-Parliament felt that the transitional arrangements planned by the Council were too long. In the light of technical developments, Members were convinced that a five-year transition period would be sufficient for companies to replace their tools and machinery, although within the agricultural and forestry sector a further extension of two years (rather than three years as proposed by the Council) could be permitted, whilst bearing in mind the research in this sector.

-Parliament stated that the final decision on the use of derogations should be taken by Member States after consulting the two sides of industry.

T5-0544/2001
OJ C 112 09.05.2002, p. 0030-0122 E

Debate in Parliament

The European Parliament adopted the resolution drafted by Helle THORNING-SCHMIDT (PES, DK), and agreeing with the parliamentary committee, made some amendments to the common position.

-As regards whole-body vibration, Parliament decided that the limit and action values should correspond to ISO standards which would represent a lower threshold than the values being proposed by the Council.

-Parliament felt that the transitional arrangements planned by the Council were too long. In the light of technical developments, Members were convinced that a five-year transition period would be sufficient for companies to replace their tools and machinery, although within the agricultural and forestry sector a further extension of two years (rather than three years as proposed by the Council) could be permitted, whilst bearing in mind the research in this sector.

-Parliament stated that the final decision on the use of derogations should be taken by Member States after consulting the two sides of industry.

T5-0544/2001

A5-0320/2001

A5-0320/2001

EUR-Lex
SEC(2001)1095

07914/1/2001
OJ C 301 26.10.2001, p. 0001

07914/1/2001

14162/2000

14162/2000

2226

T5-0012/1999
OJ C 054 25.02.2000, p. 0055-0075

T5-0012/1999

A5-0006/1999
OJ C 054 25.02.2000, p. 0010

A5-0006/1999

2182

EUR-Lex
SEC(1999)0581

The Commission submits to the Council an amended proposal. There are two main types of amendments:

-one group of amendments provides useful additional detail and clarification of the initial proposal;

-a second group of amendments strengthen the proposal by enhancing the protection offered to the health and safety of workers.

The Commission’s amended proposal retains the general structure and objectives of the initial proposal but extends and expands on certain provisions. Of the 41 amendments adopted by Parliament, 31 have been accepted, 4 of these in part.

Six amendments have been rejected because they sought to exclude audible acoustic fields (Annex 1) from the scope of the proposal. The Commission has not accepted these amendments because they are contrary to the Commission’s obligations under Article 10 of Directive 86/188/EEC and under the European Parliament resolution of 13 September 1990 which requires the Commission to put forward a proposal on a directive on the basis of Article 118A of the Treaty with regard to the risks arising from noise and vibration and other physical agents.

The Commission has also refused an amendment which imposes upon it an obligation already fulfilled by the Commission in producing its annual report on the implementation of Community legislation.

Three amendments could not be accepted because their extremely binding nature would impose additional costs on employers yet not contribute to enhancing the health and safety of workers.

EUR-Lex
OJ C 230 19.08.1994, p. 0003
COM(1994)0284

The Commission submits to the Council an amended proposal. There are two main types of amendments:

-one group of amendments provides useful additional detail and clarification of the initial proposal;

-a second group of amendments strengthen the proposal by enhancing the protection offered to the health and safety of workers.

The Commission’s amended proposal retains the general structure and objectives of the initial proposal but extends and expands on certain provisions. Of the 41 amendments adopted by Parliament, 31 have been accepted, 4 of these in part.

Six amendments have been rejected because they sought to exclude audible acoustic fields (Annex 1) from the scope of the proposal. The Commission has not accepted these amendments because they are contrary to the Commission’s obligations under Article 10 of Directive 86/188/EEC and under the European Parliament resolution of 13 September 1990 which requires the Commission to put forward a proposal on a directive on the basis of Article 118A of the Treaty with regard to the risks arising from noise and vibration and other physical agents.

The Commission has also refused an amendment which imposes upon it an obligation already fulfilled by the Commission in producing its annual report on the implementation of Community legislation.

Three amendments could not be accepted because their extremely binding nature would impose additional costs on employers yet not contribute to enhancing the health and safety of workers.

EUR-Lex
COM(1994)0284

OJ C 128 09.05.1994, p. 0128-0146
T3-0239/1994

T3-0239/1994

OJ C 128 09.05.1994, p. 0009
A3-0192/1994

A3-0192/1994

CES0716/1993
OJ C 249 13.09.1993, p. 0028

PURPOSE : proposal to protect workers from the risks of exposure to physical agents.

PROPOSED ACT : Council Directive.

CONTENT : The proposal aims to protect workers against risks to their health and safety, including the prevention of such risks, arising or likely to arise from exposure to physical agents. It lays down particular minimum requirements in this area.

The physical agents are defined as:

-audible acoustic fields;

-vibrations;

-electric or magnetic fields or combinations of these with a frequency equal to or less than 3,10(15) Hertz (wavelength of 100 nanometres or more.)

The directive will apply to activities where workers are likely to be exposed to these physical agents as a result of their work. The employer must then carry out an assessment of the risks resulting from exposure. Under the conditions laid down in the relevant Annexes, certain activities must be considered as presenting an increased risk and must be declared to the authority responsible. Each physical agent must be assessed, and where necessary, measured. The risk arising from exposure must be reduced to the lowest achievable level, with the aim of reducing exposure to below the threshold level referred to in the relevant Annex.

The proposal proceeds on the basis that minimum requirements in the field must establish the general principles of protection and the objectives to be achieved, whilst leaving open the detailed rules translating the safety levels in operational terms, to be adopted in order to comply with the provisions of the Directive.

The proposal makes provisions on personal protection, as well as worker information and training, consultation and participation of workers.

EUR-Lex
OJ C 077 18.03.1993, p. 0012
COM(1992)0560

PURPOSE : proposal to protect workers from the risks of exposure to physical agents.

PROPOSED ACT : Council Directive.

CONTENT : The proposal aims to protect workers against risks to their health and safety, including the prevention of such risks, arising or likely to arise from exposure to physical agents. It lays down particular minimum requirements in this area.

The physical agents are defined as:

-audible acoustic fields;

-vibrations;

-electric or magnetic fields or combinations of these with a frequency equal to or less than 3,10(15) Hertz (wavelength of 100 nanometres or more.)

The directive will apply to activities where workers are likely to be exposed to these physical agents as a result of their work. The employer must then carry out an assessment of the risks resulting from exposure. Under the conditions laid down in the relevant Annexes, certain activities must be considered as presenting an increased risk and must be declared to the authority responsible. Each physical agent must be assessed, and where necessary, measured. The risk arising from exposure must be reduced to the lowest achievable level, with the aim of reducing exposure to below the threshold level referred to in the relevant Annex.

The proposal proceeds on the basis that minimum requirements in the field must establish the general principles of protection and the objectives to be achieved, whilst leaving open the detailed rules translating the safety levels in operational terms, to be adopted in order to comply with the provisions of the Directive.

The proposal makes provisions on personal protection, as well as worker information and training, consultation and participation of workers.

EUR-Lex
COM(1992)0560