|
PURPOSE: to
lay down minimum requirements for the protection of workers from risks to
their health and safety arising from artificial optical radiation
during work. LEGISLATIVE
ACT: Directive 2006/25/EC of the European Parliament and of the Council on
the minimum health and safety requirements regarding the exposure of workers
to risks arising from physical agents (artificial optical radiation) (19th
Directive within the meaning of Article 16(1) of Directive 89/391/EEC). BACKGROUND:
this Directive forms part of an overall package of legislation designed to
adopt minimum requirements to improve the working environment of employees
and to offer them a high level of health and safety protection. In 1999, the
Council decided to split the initial proposal into its constituent
parts and to adopt an individual Directive for each type of physical agent.
Its sister Directives are: - Directive
2002/44/EC on the minimum health and safety requirements regarding the
exposure of workers to the risks arising from physical agents (vibration):
16th individual Directive. (See COD/1992/0449);
- Directive
2003/10/EC on the minimum health and safety requirements regarding the
exposure of workers to the risks arising from physical agents (noise):
17th individual Directive. (See COD/1992/0449A);
- Directive
2004/40/EC on the minimum health and safety requirements regarding the
exposure of workers to the risks arising from physical agents (electromagnetic
field); 18th individual Directive. (See COD/1992/0449C).
CONTENT: Aim and
Scope This Directive
lays down the minimum requirements for the protection of workers from risks
to their health and safety arising or likely to arise from exposure to
artificial optical radiation during their work and refers in particular to
the eyes and to the skin. Since the Directive lays down the “minimum”
requirements, Member States are free to adopt more stringent provisions for
the protection workers by, for example, fixing lower exposure limit values
than those set out in this Directive. Definitions The Directive
defines a number of terms. They are: optical radiation; ultraviolet
radiation; visible radiation; infrared radiation; laser light; laser
radiation; non-coherent radiation; exposure limit values; irradiance (E) or
power density; radiant exposure; radiance (L); and level. The exposure limit
values for non-coherent radiation (other than that omitted by natural sources
of optical radiation) are set out in Annex I. The exposure limit values for
laser radiation are set out in Annex II. Provisions The Directive
establishes a number of provisions in relation to the safe use of artificial
optical radiation. In summary, these provisions include: - Obliging
employers to assess and calculate the levels of workers’ exposure to
optical radiation so that measures needed to restrict their exposure
can be put into effect. Assessment must be planned and carried out by
competent services or persons. The assessments must be done at suitable
intervals. The factors an employer must be aware of include, for
example, the level and range of exposure; exposure limits; any possible
effects on workers’ health; any indirect effects such as temporary
blinding, explosion or fire; multiple sources of exposure etc. Lastly,
the employer must be in possession of a report assessing the risks and
must, in turn, identify what measures may need to be taken to eliminate
any harmful effects.
- Risks
arising from exposure to artificial optical radiation must be either
eliminated, or else, kept to a minimum. Employers will be obliged to
implement and devise plans designed to prevent the exposure exceeding
limit by, for example, looking into other working methods, choosing
technical equipment emitting less optical radiation and the design and
layout of workplaces and workstations. Workers will not be allowed to
expose themselves to “above the exposure limit values”.
- Employers
will be obliged to ensure that workers who are exposed to risks from
artificial optical radiation at work will receive the necessary
information and training. This information should contain, in particular,
the measures taken to implement the Directive; the exposure limit
values; the results of assessments; how to detect adverse health effects
of exposure and how to report them; the circumstances under which
workers are entitled to health surveillance; safe working practices to
minimise risks from exposure; and the proper use of appropriate personal
protective equipment.
- The Member
States will be responsible for adopting provisions to ensure the proper
health surveillance of workers is carried out. Such health surveillance
can be carried out be either a doctor, an occupational health
professional or a medical authority. Further, the Member States should
establish arrangements allowing for individual health records which are
to be kept up to date. Individual workers may have access to their own
personal health records. Where exposure to “above the limit values” has
been detected, a medical examination will need to be made available to
the effected worker.
- The Member
States will be responsible for introducing adequate penalties in the
event of infringements of the national legislation. They must be
effective, proportionate and dissuasive.
Practical
guide: at the Parliament’s request, and to facilitate
the implementation of the Directive, the Commission should draw up a
practical guide to help employers, in particular managers of SMEs, better to understand
the technical provisions of this Directive. The Commission should strive to
complete this guide as quickly as possible so as to facilitate adoption by
the Member States of the measures necessary to implement this Directive. Technical
amendments: any modification of the exposure
limit values set out in the Annexes shall be adopted by the European
Parliament and the Council. On the other hand, amendments to the Annexes of a
strictly technical nature in line with: (a) the adoption of Directives in the
field of technical harmonisation and standardisation with regard to the design,
building, manufacture or construction of work equipment and/or workplaces; (b)
technical progress, changes in the most relevant harmonised European
standards or international specifications, and new scientific findings
concerning occupational exposure to optical radiation, shall be adopted by
the Commission (in accordance with the comitology procedure. Lastly, the
Commission will prepare a report on the practical implementation of the
Directive based on five-yearly reports prepared by the Member States. TRANSPOSITION:
27 April 2010. ENTRY INTO
FORCE: 27 April 2006.
|
