Procedure completed
Lead committee dossier: EMPL/4/09356
Legal Basis EC before Amsterdam E 118
Activites
- 1998/05/05 Final act published in Official Journal
- #2081
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1998/04/07
Council Meeting
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1998/04/07
End of procedure in Parliament
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1998/04/07
Act adopted by Council after consultation of Parliament
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1998/03/10
Modified legislative proposal published
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COM(1998)0162
summary
In its re-examined proposal following the European Parliament's opinion at second reading, the Commission has taken over 9 of the 12 amendments adopted by Parliament at its sitting of 17 February 1998. These amendments concern: - the training of and information to workers (in particular with regard to health surveillance procedures for workers), - the need to make cross reference to particular Directives such as Directive 89/654/EEC concerning the minimum safety and health requirements for the workplace, Directive 89/656/EEC on the minimum health and safety requirements for the use by workers of personal protective equipment at the workplace, Directive 92/85/EEC on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding and Directive 94/33/EEC on the protection of young people at work, - the provision of adequate measures by the Commission with a view to closer harmonization in the field of occupation exposure limits. �
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COM(1998)0162
summary
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1998/02/17
Decision by Parliament, 2nd reading
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T4-0061/1998
summary
Adopting the recommendation for second reading by Mr Freddy BLAK (PSE, DK) on the protection of the health and safety of workers from the risks relating to chemical agents from work, the European Parliament approves the common position adopted by the Council. However, it proposes a number of technical amendments seeking to protect workers against risks from the substances. In particular, it calls for the introduction of Community indicative limit values for occupational exposure. In addition, Parliament recommends that: - on the basis of reports provided by the Member States the Commission carry out an assessment of the way in which the Member States have taken account of Community indicative limit values. If this assessment reveals why differences in standards occur, the Commission should undertake appropriate action with a view to closer harmonization in this area; - workers should be suitably informed with regard to hazardous chemical agents in the workplace and those identified during risk assessment; - workers should receive suitable training on appropriate precautions and actions to be taken in response to safety hazards; - workers should be consulted concerning the results of risk assessment with regard to chemicals and the protection and prevention measures which should be taken. - Health surveillance procedures should be agreed with the workers concerned. �
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T4-0061/1998
summary
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1998/02/16
Debate in Parliament
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Debate in Parliament
summary
While regretting that it had taken four years to protect workers against the risks posed by chemical agents, the rapporteur was pleased that the directive clearly laid down the commitments incumbent upon employers and established procedures for Community initiatives to restrict dangerous chemical agents. In addition, Mr Blak pointed out the difficulty in establishing limit values as the reliability of measurement methods varied according to the chemical agent. Finally, he said that biological limit values should be introduced and applied only if absolutely necessary. For the Commission, Mrs Cresson firstly highlighted the political importance of the common position as the principles of health and safety protection should continue to be enhanced at Community level. According to the Commissioner, most of the amendments to the common position were real improvements. This was why the Commission could accept Amendments Nos 1, 2, 3, 4, the first part of 5, 6, 9, 11, 12, 13 and 18. However, the Commissioner could not accept the second part of Amendment No 5, which imposed on employers the requirement to record a risk assessment in a suitable form, as this measure would weaken the common position which specified that documents should be established in accordance with national law and practice. Mrs Cresson also rejected Amendment No 7 on the principle of substitution to eliminate risk and Amendment No 8 as the proposed addition went beyond the compromise reached within the Council and it would also be possible to come back to this question at the time of the five-year evaluation. Finally, Amendments Nos 10, 14 (removing the term ‘and the new findings’ from the cases requiring an adaptation of the annexes to technological progress),16 and 17 should also be rejected.
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Debate in Parliament
summary
- 1998/02/05 Vote in committee, 2nd reading
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1997/10/23
Committee referral announced in Parliament, 2nd reading
- #2030
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1997/10/07
Council Meeting
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09564/3/1997
summary
Given the deep differences which have divided the delegations on this proposal for a directive on the risks of exposure to chemical agents in the workplace since 1994, the Council has proposed a compromise text incorporating far-reaching amendments to the Commission's amended proposal. This revised text contains four basic changes: - it clarifies the scope of the directive by inserting a definition of "hazardous chemical agents"; - it establishes a clear distinction between factors to be taken into consideration during risk assessment, the documents concerning the results of risk assessment and the various preventive and protective measures to be taken in order to minimize the risk; - it deletes provisions which duplicate provisions in the framework directive (89/391/EEC); - it deletes a number of details in the Annex considered pointless and/or too inflexible. The compromise text accepts that there are two types of occupational limit values: indicative values and binding values. National limit values, which transpose the Commission's indicative limit values, may vary in relation to significant differences in national systems. Binding values apply in all cases. Provision is made for employers to take preventive and protective measures in order to limit exposure in excess of the indicative limit values in the Member States. Employers therefore carry out a risk assessment which takes equal account of the need to protect public health and the environment. In addition to the principle that employers must carry out risk assessment, the common position defines the type of assessment to be performed in relation to hazardous chemical agents in the workplace. Finally, the common position lays down more detailed health surveillance measures for workers where exposure to hazardous chemicals cannot be avoided. However, the Council has deleted a number of technical requirements from the amended proposal. These requirements relate to measurement methods and special protective measures in the form of practical (non-binding) guidelines. These guidelines will be drafted by the Commission and may be updated in the light of technical progress. They include: - harmonized methods for measuring and assessing concentrations in the air in the workplace in relation to exposure limit values; - risk determination and assessment for hazardous chemical agents; - protective and preventive measures intended to confine risks to workers in the workplace where the assessment confirms the presence of chemical agents. The common position also incorporates a number of amendments by the European Parliament on limit values for occupational exposure, risk assessment, risk prevention, protective measures (especially in the event of accident) and information for and consultation with workers.�
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09564/3/1997
summary
- #2015
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1997/06/27
Council Meeting
- #1974
- 1996/12/02 Council Meeting
- #1775
- 1994/06/22 Council Meeting
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1994/06/09
Modified legislative proposal published
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COM(1994)0230
summary
The Commission has amended this proposal for a directive in the wake of Parliament's opinion. The amended proposal maintains the structure and objectives of the initial proposal but clarifies, details and expands on certain provisions. The main changes are as follows: - the safety document must identify all risks resulting from the intrinsic properties of agents, alone or in combination; - the specific protective and preventive measures taken by the employer have been extended (provision made for training in risks, provision of adequate protective equipment etc.), as has information for workers on the dangers inherent in chemical products; - levels of occupational exposure have now become "limits of occupational exposure" and "biological limit values": these limits must be examined by the advisory committee on safety, hygiene and health protection of workers and should be construed as limit values on all the Member States. These values will be reviewed every 5 years; - a heading has been added in the annexes on requirements relating to measuring methods. However, the Commission did not agree that the scope of this directive should be extended to independents. Nor did it agree to a lower biological limit value for women, because provision for this had already been made in the "pregnant women" directive. Finally, it did not accept the grading of risks described as "insignificant" as this was too vague.�
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COM(1994)0230
summary
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1994/04/20
Decision by Parliament, 1st reading/single reading
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T3-0245/1994
summary
In adopting the report by Mr McCubbin, Parliament approved the proposal for a directive with the following amendments: - the requirements of the directive were to apply to all chemical agents introduced into the workplace, - preventive measures were strengthened to protect the health and safety of workers (competent persons to be called in whenever a risk was detected; the safety document should identify all risks resulting from the intrinsic properties of the chemical agents, whether alone or in combination ; workers and workers' representatives to be kept informed of the content of this safety document and of any amendment made to it; provision of training and information to workers subject to exposure; provision of adequate protective equipment; maximum possible restriction in the quantity of chemical agents to which a worker may be exposed; strengthening of measures for evacuation and rescue; etc.); - occupational exposure levels were to become "occupational exposure limits" and "biological limit values". These limit values would be fixed after consultation with the appropriate advisory committee and were to be established on the basis of reference values and technical and feasibility factors. Workers and their representatives were to be kept informed of these limit values, which would be reviewed by the Commission every 5 years; - in the Annex, Parliament included a number of detailed measures which related in particular to the following: . where there was a serious risk to the worker, compulsory medical supervision should be provided and the worker concerned should be kept fully informed of the risk, . where the chemical agent could be adequately identified, its use could be authorized, . during the movement of certain hazardous substances, the latter should be properly labelled, . more-stringent limit values could be applied in some cases for women of child-bearing age. Finally, Parliament added a new Annex relating to measurement methods, which should make it possible to obtain representative results for workplace exposure. �
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T3-0245/1994
summary
- 1994/04/19 Debate in Parliament
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1994/03/28
Vote in committee, 1st reading/single reading
- A3-0185/1994
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1993/06/21
Committee referral announced in Parliament, 1st reading/single reading
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1993/05/14
Legislative proposal published
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COM(1993)0155
summary
This proposal for a Directive, which was an individual Directive within the meaning of Directive 89/391/EEC, laid down the minimum requirements for the protection of the health and safety of workers exposed to chemical agents present in the workplace. It consolidated, updated and adapted existing provisions in the light of present knowledge. It incorporated a number of measures envisaged in the texts of Directive 82/605/EEC (exposure to metallic lead) and Directive 88/364/EEC (banning of exposure to certain agents and certain work activities) and provided new, additional provisions designed to limit the risks of exposure. It improved the basis on which workers were supplied with information and ensured that all preventive measures adopted in the workplace were based on a correct assessment of the risks associated with the manner in which chemical agents were used and that such measures took due account of the characteristics of the workplace, the nature of work, the circumstances and any specific risk. Thus, the measures adopted must correctly reflect hazard levels, appropriate precautions and the size of the undertaking without imposing any unnecessary burden on employers. The Directive was intended to be more explicitly consistent with ILO Conventions Nos 170 and 177 on chemical products in the workplace and provided that the Directive on carcinogenic agents should remain in force since the latter was more favourable. The Member States must comply with this Directive no later than 30 June 1996. �
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COM(1993)0155
summary
Documents
- Legislative proposal published: COM(1993)0155
- Committee report tabled for plenary, 1st reading/single reading: A3-0185/1994
- Debate in Parliament: Debate in Parliament
- Decision by Parliament, 1st reading/single reading: T3-0245/1994
- Modified legislative proposal published: COM(1994)0230
- Debate in Council: 1775
- Debate in Council: 1974
- Council position published: 09564/3/1997
- Committee recommendation tabled for plenary, 2nd reading: A4-0051/1998
- Debate in Parliament: Debate in Parliament
- Decision by Parliament, 2nd reading: T4-0061/1998
- Modified legislative proposal published: COM(1998)0162
- : Directive 1998/24
- : OJ L 131 05.05.1998, p. 0011
History
(these mark the time of scraping, not the official date of the change)
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