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However, it pointed to specific provisions of individual Directives that have become outdated or obsolete , and highlighted the need to find effective ways to address new risks .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 2004/40/EC of the European Parliament and of the Council on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (electromagnetic fields) (18th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)).

Given that this Directive has been repealed and replaced by the Directive 2013/35/EU , with a transposition deadline of 1 July 2016, the review has been postponed .

EUR-Lex
SWD(2017)0010

Directive 2004/40
OJ L 184 24.05.2004, p. 0001
Corrigendum to final act 32004L0040R(01)
OJ L 184 24.05.2004, p. 0001

COM(2004)0321
EUR-Lex

The European Parliament adopted the report by Manuel PÉREZ ÀLVAREZ (EPP-ED, E) broadly approving the Council's common position subject to five amendments, which were substantially the same as those agreed by its committee.

Parliament emphasised the preventive nature of surveillance, and inserted certain clauses aimed at reinstating the right to a medical examination in the event of over-exposure and strengthening the prevention system set up by the directive. Parliament stipulated that, if health damage resulting from over-exposure was detected, the employer should carry out a reassessment of the risks and ensure that the doctor and/or the medical authority responsible for health surveillance had access to the results of the risk assessment. Individual workers should also be given access to their own personal health records where they so request.

Parliament also introduced a new article requiring Member States to provide for "effective, proportionate and dissuasive" sanctions if their laws governing this area are broken. In addition, the Commission should inform Parliament every five years of any steps needed in the light of new scientific knowledge, particularly in connection with exposure to static magnetic fields, for which the directive lays down no exposure limits.

T5-0213/2004
OJ C 103 29.04.2004, p. 0034-0222 E

The European Parliament adopted the report by Manuel PÉREZ ÀLVAREZ (EPP-ED, E) broadly approving the Council's common position subject to five amendments, which were substantially the same as those agreed by its committee.

Parliament emphasised the preventive nature of surveillance, and inserted certain clauses aimed at reinstating the right to a medical examination in the event of over-exposure and strengthening the prevention system set up by the directive. Parliament stipulated that, if health damage resulting from over-exposure was detected, the employer should carry out a reassessment of the risks and ensure that the doctor and/or the medical authority responsible for health surveillance had access to the results of the risk assessment. Individual workers should also be given access to their own personal health records where they so request.

Parliament also introduced a new article requiring Member States to provide for "effective, proportionate and dissuasive" sanctions if their laws governing this area are broken. In addition, the Commission should inform Parliament every five years of any steps needed in the light of new scientific knowledge, particularly in connection with exposure to static magnetic fields, for which the directive lays down no exposure limits.

T5-0213/2004

Debate in Parliament

A5-0196/2004

A5-0196/2004

COM(2004)0014
EUR-Lex

13599/1/2003
OJ C 066 16.03.2004, p. 0001-0013 E

13599/1/2003

15620/2003

2512

2454

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

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

Debate in Parliament

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