13 Amendments of Alin MITUȚA related to 2020/0262(COD)
Amendment 13 #
Draft legislative resolution
Citation 3 a (new)
Citation 3 a (new)
- having regard to the Charter of Fundamental Rights of the European Union, and in particular Article 2 (the right to life) and Article 31(the right to fair and just working conditions),
Amendment 14 #
Proposal for a directive
Recital -1 (new)
Recital -1 (new)
(-1) A high level of human health protection should be ensured in the definition and implementation of all Union policies and activities.
Amendment 17 #
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) This Directive clearly shows the added value of the Union and the need to adopt legislation at the Union level. In addition to setting similar minimum level of protection across the Union, this Directive also improves clarity and enforcement, and contributes to a better level playing field for the economic actors in the sectors using the substances covered.
Amendment 18 #
Proposal for a directive
Recital 1 b (new)
Recital 1 b (new)
(1b) It is important to protect sexual and reproductive health and to apply a gender perspective to health and safety at work. Workers can be more exposed and more vulnerable to different types of substances depending on their gender. Women are for example over-represented amongst the oncology nurses community potentially exposed to hazardous medicinal products.
Amendment 22 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) Europe’s Beating Cancer Plan aims to reduce the cancer burden for patients, their families and health systems. Cancer is the first cause of work-related death in the Union: 52 % of annual occupational deaths are currently attributed to work-related cancers. Exposure at work accounts for 3,5-4 % cases of cancer and is responsible for approximatively 120 .000 cancers diagnosed and 80 000 deaths every year.
Amendment 23 #
Proposal for a directive
Recital 2 b (new)
Recital 2 b (new)
(2b) Tackling exposures to dangerous substances at the workplace is particularly relevant to foster prevention and address health inequalities, as some categories of workers among the most vulnerable can be overexposed. Some workers, such as mobile workers, can additionally face difficulties to access healthcare services.
Amendment 28 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) Commission Recommendation 2003/670/EC1a recommends that Member States introduce into their national laws, regulations or administrative provisions concerning scientifically recognised occupational diseases liable for compensation and subject to preventive measures. Member States should guarantee, in their national laws, that every worker has the right to compensation in respect of occupational diseases if he or she is suffering from an ailment which can be proved to be occupational in origin and nature. ________________ 1a. Commission Recommendation 2003/670/EC of 19 September 2003 concerning the European schedule of occupational diseases (OJ L 238, 25.9.2003, p. 28).
Amendment 30 #
Proposal for a directive
Recital 4 b (new)
Recital 4 b (new)
(4b) However, the reporting and recognition of occupational cancers as occupational diseases are uneven, due. in particular, to a long latency between the exposure to dangerous substances and the diagnosis of the disease, the multifactorial nature of cancer but also to complex procedures to undertake in order to have the illness officially recognised as work- related and to obtain compensation. Data from work-related health problems are often lacking, not reliable or insufficient. Further efforts are therefore needed to improve reporting, prevention, diagnosis, early recognition and compensation of occupational diseases, as well as better medical monitoring throughout life with robust diseases and exposures registries.
Amendment 43 #
Proposal for a directive
Recital 9
Recital 9
(9) Acrylonitrile meets the criteria for classification as carcinogenic (category 1B) in accordance with Regulation (EC) No 1272/2008 of the European Parliament and the Council47 and is therefore carcinogen within the meaning of Directive 2004/37/EC. It is possible, on the basis of the available information, including scientific and technical data, to set a long- and short-term limit value for that carcinogen. Acrylonitrile can also be absorbed through the skin. Acrylonitrile is acutely toxic and causes neurotoxicity, local irritation of skin, eyes and respiratory tract, and skin sensitisation. It is therefore appropriate to establish a limit value for acrylonitrile under the scope of Directive 2004/37/EC and to assign a skin notation to it. The ACSH, based on the RAC opinion, agreed on the usefulness of the biomonitoring for acrylonitrile. This should be considered when developing guidance on the practical use of biomonitoring. __________________ 47Regulation (EC) No 1272/2008 on classification, labelling and packaging of substances and mixtures. Available at: https://eur-lex.europa.eu/legal- content/EN/ALL/?uri=CELEX%3A32008 R1272.
Amendment 44 #
Proposal for a directive
Recital 10
Recital 10
(10) With regard to acrylonitrile, a limit value of 1 mg/m³ (0.45 ppm) and a short- term limit value of 4 mg/m³ (1.8 ppm) may be difficult to be complied with in the short term. A transitional period of four years after entry into force of this Directive should be introduced from which these Occupational Exposure Limit (OEL) values shall apply. Exposure should be reduced as far as technically possible below these limit values.
Amendment 45 #
Proposal for a directive
Recital 11
Recital 11
(11) Nickel compounds meet the criteria for classification as carcinogenic (category 1A) in accordance with Regulation (EC) No 1272/2008 and are therefore carcinogens within the meaning of Directive 2004/37/EC. It is possible, on the basis of the available information, including scientific and technical data, to set limit values for that group of carcinogens. According to the RAC, the available information on the mechanisms of genotoxicity and cancer support a mode-of-action based threshold for carcinogenic effects. For that reason, the RAC proposed an occupational exposure limit of 0.005 mg/m³ for the respirable fraction and 0.03 mg/m³ for the inhalable fraction under which no significant residual cancer risk is expected for workers. Exposure to nickel compounds at workplaces may also result in dermal sensitisation and sensitisation of the respiratory tract. It is therefore appropriate to establish two limit values for both the inhalable and respirable fractions of the nickel compounds under the scope of Directive 2004/37/EC and to assign a notation for dermal and respiratory sensitisation. Based on the consensus between the social partners within the ACSH, limit values of 0.01 mg/m³ for the respirable fraction and 0.05 mg/m³ for the inhalable fraction are introduced. Exposure should be reduced as far as technically possible below these limit values and, when possible, below the limit values proposed by the RAC.
Amendment 50 #
Proposal for a directive
Recital 13
Recital 13
(13) Benzene meets the criteria for classification as carcinogenic (category 1A) in accordance with Regulation (EC) No 1272/2008 and is therefore carcinogen within the meaning of Directive 2004/37/EC. According to the RAC, a mode-of-action-based threshold for chromosomal damage in workers can be used to establish an occupational exposure limit for carcinogenicity which is considered to have no significant residual cancer risk and to avoid other adverse effects. For this reason, the RAC proposed an Occupational Exposure limit of 0.05 ppm (0.16mg/m³). Benzene can also be absorbed through the skin. The limit value set out in Annex III to Directive 2004/37/EC for benzene should be revised in the light of more recent scientific data and it is appropriate to keep the skin notation. The ACSH, based on the RAC opinion, agreed on the usefulness of the biomonitoring for benzene. This should be considered when developing guidance on the practical use of biomonitoring. Based on a consensus between the social partners in the ACSH, a revised limit value of 0.2 ppm (0.66 mg/m³) is introduced. Exposure should be reduced as far as technically possible below this limit value and, when possible, below the limit value proposed by the RAC.
Amendment 60 #
Proposal for a directive
Recital 16
Recital 16
(16) The limit values established in this Directive are to be kept under regularpermanent scrutiny and regular review to ensure consistency with Regulation (EC) No 1907/200649. __________________ 49Regulation (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. Available at: https://eur-lex.europa.eu/legal- content/EN/ALL/?uri=CELEX%3A32006 R1907.