BETA


2022/0298(COD) Protection of workers from asbestos

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead EMPL TRILLET-LENOIR Véronique (icon: Renew Renew) FRANSSEN Cindy (icon: EPP EPP), VIND Marianne (icon: S&D S&D), MATTHIEU Sara (icon: Verts/ALE Verts/ALE), LIZZI Elena (icon: ID ID), KOPCIŃSKA Joanna (icon: ECR ECR), VILLUMSEN Nikolaj (icon: GUE/NGL GUE/NGL)
Committee Opinion ENVI MESURE Marina (icon: GUE/NGL GUE/NGL) Joanna KOPCIŃSKA (icon: ECR ECR), Véronique TRILLET-LENOIR (icon: RE RE)
Lead committee dossier:
Legal Basis:
TFEU 114

Events

2023/11/30
   Final act published in Official Journal
2023/11/22
   CSL - Draft final act
Documents
2023/11/22
   CSL - Final act signed
2023/10/23
   EP/CSL - Act adopted by Council after Parliament's 1st reading
2023/10/03
   EP - Decision by Parliament, 1st reading
Details

The European Parliament adopted by 614 votes to 2, with 4 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council amending Directive 2009/148/EC on the protection of workers from the risks related to exposure to asbestos at work.

The European Parliament's position adopted at first reading under the ordinary legislative procedure amends the Commission proposal as follows:

Notification of activities

The directive will apply to activities in which workers are exposed or likely to be exposed during their work to dust from asbestos or materials containing asbestos. These activities will be subject to a notification system managed by the responsible authority in the Member State .

The notification should include at least a brief description of:

- the location of the worksite and, where relevant, the specific areas where the work is to be carried out;

- the type and quantity of asbestos used or handled;

- the activities and processes involved, including with regard to the protection and decontamination of workers, waste disposal and, where relevant, air exchange when working under confinement;

- the number of workers involved, a list of the workers likely to be assigned to the site concerned, the workers’ individual training certificates and the date of the latest assessment of the workers’ health pursuant to Article 18;

- the starting date and duration of the work;

- measures taken, including an overview of the equipment used, to limit the exposure of workers to asbestos.

Occupational exposure limit (OEL)

The occupational exposure limit (OEL) will be reduced from 0.1 to 0.01 asbestos fibres per cubic centimetre (cm³) , measured in relation to an 8-hour time-weighted average (TWA), without a transition period.

After a maximum transition period of six years, Member States should switch to more modern and sensitive technology that can detect fibres, namely electron microscopy . They will then have the option to either decrease the level to 0.002 fibres of asbestos per cm³ excluding thin fibres, or to 0.01 fibres of asbestos per cm³ including thin fibres.

Protection of workers

Where the relevant limit value is exceeded, or if there is reason to believe that materials containing asbestos which are not identified prior to the work have been disturbed so as to generate dust, work should stop immediately . Work should not be continued in the affected area until adequate measures have been taken for the protection of the workers concerned. The reasons for the limit value being exceeded should be identified and appropriate measures to remedy the situation should be taken as soon as possible.

During periods of work which require the use of such equipment, provision should be made for regular breaks appropriate to the physical and climatological conditions and, where relevant, in consultation with the workers and/or their representatives within the undertaking or establishment, in accordance with national law and practice.

For certain activities, such as demolition, asbestos removal, repair and maintenance work, where it is foreseeable that the relevant limit value will be exceeded, the employer should define the measures intended to ensure the protection of workers during these activities, including the following:

- workers must be issued with suitable personal protective equipment to be worn, which should be appropriately handled and, as regards respiratory equipment in particular, individually adjusted, including through fitting checks;

- the spread of dust arising from asbestos or materials containing asbestos outside the premises or site of action will be prevented, and for work performed under confinement, the enclosure will be airtight and under mechanical extraction ventilation;

- when the asbestos demolition or removal work has been completed, the absence of risks of exposure to asbestos at the place of work will be verified in accordance with national law and practice before other activities resume.

Training

Workers who are exposed, or are likely to be exposed, to dust from asbestos or materials containing asbestos will be required to undergo compulsory training meeting minimum requirements defined in a new annex. Each worker who has satisfactorily completed the training will receive a training certificate. The content of the training must be easily understood by the workers and must enable them to acquire the necessary knowledge and skills in the field of prevention and safety.

Register

Member States should keep a register of all cases of medically diagnosed asbestos-related occupational diseases. An indicative list of diseases that can be caused by exposure to asbestos is set out in Annex I. These include: asbestosis, mesothelioma, lung carcinoma, gastro-intestinal carcinoma, carcinoma of the larynx, carcinoma of the ovary, non-malignant pleural diseases.

Documents
2023/10/02
   EP - Debate in Parliament
2023/09/07
   EP - Approval in committee of the text agreed at 1st reading interinstitutional negotiations
2023/05/10
   EP - Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 71)
2023/05/08
   EP - Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71)
2023/04/28
   EP - Committee report tabled for plenary, 1st reading
Details

The Committee on Employment and Social Affairs adopted the report by Véronique TRILLET-LENOIR (Renew Europe, FR) on the proposal for a directive of the European Parliament and of the Council amending Directive 2009/148/EC on the protection of workers from the risks related to exposure to asbestos at work.

The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows:

Occupational exposure limit (OEL)

The report noted that taking into account the relevant scientific expertise and the need to increase the protection of workers at Union level, a revised OEL, equal to 0.001 fibres/cm3 as an 8-hour time-weighted average (TWA), should be established. That revised OEL should apply after a transitional period. Until four years after the date of entry into force of this Directive, a transitional OEL, equal to 0.01 fibres/cm³ as an 8-hour TWA, should apply. Such an approach is underpinned by a public health objective aiming at the necessary safe removal of asbestos and the need to take into account technical considerations with regard to monitoring compliance.

Removal techniques

The report stated that the safe removal and disposal of asbestos-containing materials should be a priority, because repair, maintenance, encapsulation or sealing lead to the postponement of removal, which can perpetuate the risks to the workers and occupants of the buildings concerned for many years.

The encapsulation and sealing of asbestos-containing materials which can technically be removed should be prohibited, while not putting poorer households at a disadvantage because of their inability to afford necessary renovations. Appropriate accompanying measures are therefore needed.

In that regard, the Union provides significant funding, in particular through the Recovery and Resilience Facility, to be used to support national measures for the removal of asbestos in the context of renovations. Where asbestos is not removed, the relevant structures should be identified, registered and regularly monitored.

Updated list of diseases

The report suggested updating the Annex to Directive 2009/148/EC related to the medical surveillance of workers in light of current knowledge on diseases that can be caused by asbestos exposure. When it is demonstrated that a disease is linked to occupational exposure to asbestos, the information should be used to feed statistical registers to ensure more complete epidemiological monitoring.

Current knowledge indicates that exposure to free asbestos fibres can give rise to at least the following diseases: lung carcinoma; carcinoma of the larynx; carcinoma of the ovary; non-malignant pleural diseases.

Training

Members included a new Annex on the minimum requirements for training. Workers who are, or who are likely to be, exposed to dust from asbestos or asbestos containing materials should receive mandatory training.

The training should be adapted as closely as possible to the characteristics of the profession.

Documents
2023/04/26
   EP - Vote in committee, 1st reading
2023/04/26
   EP - Committee decision to open interinstitutional negotiations with report adopted in committee
2023/03/22
   EP - Committee opinion
Documents
2023/03/16
   CofR - Committee of the Regions: opinion
Documents
2023/02/22
   RO_CHAMBER - Contribution
Documents
2023/02/10
   EP - Amendments tabled in committee
Documents
2023/01/31
   CZ_SENATE - Contribution
Documents
2023/01/11
   EP - Committee draft report
Documents
2022/12/14
   ESC - Economic and Social Committee: opinion, report
Documents
2022/11/24
   EP - MESURE Marina (GUE/NGL) appointed as rapporteur in ENVI
2022/11/10
   EP - TRILLET-LENOIR Véronique (Renew) appointed as rapporteur in EMPL
2022/10/06
   EP - Committee referral announced in Parliament, 1st reading
2022/09/29
   EC - Document attached to the procedure
Documents
2022/09/29
   EC - Document attached to the procedure
2022/09/29
   EC - Document attached to the procedure
2022/09/29
   EC - Document attached to the procedure
2022/09/29
   EC - Legislative proposal published
Details

PURPOSE: to amend the Directive on asbestos at work, in particular as regards updating the limit value for asbestos in order to protect workers against risks to their health and safety which may result from exposure to asbestos at work.

PROPOSED ACT: Directive of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: asbestos is an extremely hazardous carcinogen , which continues to impact on various economic sectors, such as construction and renovation, mining, waste management and fire-fighting, where workers face a high risk of exposure.

Occupational cancer is the leading cause of work-related death in the EU. It is mainly caused by exposure to carcinogens such as asbestos. Up to 78% of cancers recognised as work-related in the Member States are asbestos-related. It is estimated that between 4.1 and 7.3 million workers are currently exposed to asbestos.

The Asbestos at Work Directive 2009/148/EC protects workers against risks to their health arising or likely to arise from exposure to asbestos at work. Under the Asbestos at Work Directive, for all activities in which workers are or may be exposed to dust from asbestos or materials containing asbestos, exposure must be reduced to a minimum and in any case below the fixed binding occupational-exposure limit (OEL) of 0.1 fibres/cm3 as an 8-hour time-weighted average (TWA).

The limit value for asbestos set out in Directive 2009/148/EC should be revised in the light of the Commission’s evaluations and recent scientific evidence and technical data. Its revision is also an effective way to ensure that preventive and protective measures are updated accordingly in all Member States.

This proposal delivers on the commitment made in Europe’s Beating Cancer Plan, the European Pillar of Social Rights Action Plan and the EU strategic framework on health and safety at work for 2021-2027 to further reduce workers’ exposure to asbestos, which is a highly dangerous carcinogenic substance.

Protecting workers from asbestos exposure is also a priority for the European Parliament. In its resolution of October 2021, the European Parliament outlined a comprehensive approach to tackling the legacy of asbestos-related problems.

CONTENT: the proposal provides for the amendment of the Asbestos at Work Directive , including the updating of the limit value for asbestos and other minor aspects related to the lowering of the current OEL.

Under the proposed Directive, employers should ensure that no worker is exposed to a higher airborne concentration of asbestos than 0.01 fibres/cm3 as an 8-hour TWA .

As it is possible to measure an OEL equal to 0.01 f/cm³ with phase-contrast microscope (PCM), no transition period is needed for the implementation of the revised OEL.

Fibre counting will be carried out by phase-contrast microscope (PCM) in accordance with the method recommended in 1997 by the World Health Organization (WHO) or, wherever possible, any other method giving equivalent or better results, such as a method based on electron microscopy.

The proposal also clarifies the obligation of employers to reduce the exposure of workers to dust from asbestos or materials containing asbestos at the place of work to a minimum, with the precision that in any case it must be as low a level as is technically possible below the limit set by the proposal.

Lastly, the obligation of employers to take all necessary steps to identify presumed asbestos containing materials before beginning demolition or maintenance work by obtaining information from the owners of the premises, is extended to cover other relevant sources of information, such as relevant registers .

According to the Commission, this initiative should prevent cases of work-related cases of cancer, while mitigating certain effects, such as suffering of workers and their families, reduced quality of life or undermined well-being. It is estimated that 663 cases of cancer (lung cancer, mesothelioma, laryngeal cancer and ovarian cancer) could be prevented. The estimated monetised health benefit of the initiative is between EUR 166 and 323 million.

The revision of the ELV set in the Asbestos at Work Directive will result in a greater harmonisation of limit values across the EU, which should ensure a more level playing field for businesses.

Documents

Activities

Votes

Protection of workers from asbestos – A9-0160/2023 – Véronique Trillet Lenoir – Provisional agreement – Am 69 #

2023/10/03 Outcome: +: 614, 0: 4, -: 2
DE FR IT ES PL RO NL SE PT CZ BE AT HU EL BG FI DK IE HR SK LT SI LV CY LU EE MT
Total
80
73
66
44
43
31
25
21
21
20
19
17
17
17
14
14
14
12
11
12
10
8
7
6
6
7
5
icon: PPE PPE
154

Hungary PPE

1

Denmark PPE

For (1)

1

Latvia PPE

2

Cyprus PPE

2

Luxembourg PPE

2

Estonia PPE

For (1)

1

Malta PPE

For (1)

1
icon: S&D S&D
126

Netherlands S&D

4

Czechia S&D

For (1)

1

Belgium S&D

2

Greece S&D

1

Lithuania S&D

2

Slovenia S&D

2

Latvia S&D

2

Cyprus S&D

2

Luxembourg S&D

For (1)

1

Estonia S&D

2
icon: Renew Renew
92

Italy Renew

2

Poland Renew

1
3

Hungary Renew

For (1)

1

Greece Renew

1

Finland Renew

3

Ireland Renew

2

Croatia Renew

For (1)

1

Lithuania Renew

1

Slovenia Renew

2

Latvia Renew

For (1)

1

Luxembourg Renew

2

Estonia Renew

3
icon: Verts/ALE Verts/ALE
67

Italy Verts/ALE

3

Poland Verts/ALE

For (1)

1

Romania Verts/ALE

1

Netherlands Verts/ALE

3

Sweden Verts/ALE

3

Portugal Verts/ALE

1

Czechia Verts/ALE

3

Belgium Verts/ALE

3

Austria Verts/ALE

3

Finland Verts/ALE

3

Denmark Verts/ALE

2

Ireland Verts/ALE

2

Lithuania Verts/ALE

2

Luxembourg Verts/ALE

For (1)

1
icon: ECR ECR
57

Germany ECR

1

Romania ECR

1

Greece ECR

1

Bulgaria ECR

1

Croatia ECR

Abstain (1)

1

Slovakia ECR

Against (1)

1

Latvia ECR

For (1)

1
icon: ID ID
55

Czechia ID

2
3

Denmark ID

For (1)

1

Estonia ID

Abstain (1)

1
icon: NI NI
37

Germany NI

2

Netherlands NI

Against (1)

1

Slovakia NI

For (1)

1

Lithuania NI

1

Latvia NI

1
icon: The Left The Left
32

Spain The Left

2

Netherlands The Left

For (1)

1

Sweden The Left

For (1)

1

Czechia The Left

1

Belgium The Left

For (1)

1

Finland The Left

For (1)

1

Denmark The Left

1

Ireland The Left

3

Cyprus The Left

2
AmendmentsDossier
345 2022/0298(COD)
2023/02/10 EMPL 250 amendments...
source: 742.461
2023/02/17 ENVI 95 amendments...
source: 742.553

History

(these mark the time of scraping, not the official date of the change)

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CZ_SENATE
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type
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body
EP
events/9/summary
  • The European Parliament adopted by 614 votes to 2, with 4 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council amending Directive 2009/148/EC on the protection of workers from the risks related to exposure to asbestos at work.
  • The European Parliament's position adopted at first reading under the ordinary legislative procedure amends the Commission proposal as follows:
  • Notification of activities
  • The directive will apply to activities in which workers are exposed or likely to be exposed during their work to dust from asbestos or materials containing asbestos. These activities will be subject to a notification system managed by the responsible authority in the Member State .
  • The notification should include at least a brief description of:
  • - the location of the worksite and, where relevant, the specific areas where the work is to be carried out;
  • - the type and quantity of asbestos used or handled;
  • - the activities and processes involved, including with regard to the protection and decontamination of workers, waste disposal and, where relevant, air exchange when working under confinement;
  • - the number of workers involved, a list of the workers likely to be assigned to the site concerned, the workers’ individual training certificates and the date of the latest assessment of the workers’ health pursuant to Article 18;
  • - the starting date and duration of the work;
  • - measures taken, including an overview of the equipment used, to limit the exposure of workers to asbestos.
  • Occupational exposure limit (OEL)
  • The occupational exposure limit (OEL) will be reduced from 0.1 to 0.01 asbestos fibres per cubic centimetre (cm³) , measured in relation to an 8-hour time-weighted average (TWA), without a transition period.
  • After a maximum transition period of six years, Member States should switch to more modern and sensitive technology that can detect fibres, namely electron microscopy . They will then have the option to either decrease the level to 0.002 fibres of asbestos per cm³ excluding thin fibres, or to 0.01 fibres of asbestos per cm³ including thin fibres.
  • Protection of workers
  • Where the relevant limit value is exceeded, or if there is reason to believe that materials containing asbestos which are not identified prior to the work have been disturbed so as to generate dust, work should stop immediately . Work should not be continued in the affected area until adequate measures have been taken for the protection of the workers concerned. The reasons for the limit value being exceeded should be identified and appropriate measures to remedy the situation should be taken as soon as possible.
  • During periods of work which require the use of such equipment, provision should be made for regular breaks appropriate to the physical and climatological conditions and, where relevant, in consultation with the workers and/or their representatives within the undertaking or establishment, in accordance with national law and practice.
  • For certain activities, such as demolition, asbestos removal, repair and maintenance work, where it is foreseeable that the relevant limit value will be exceeded, the employer should define the measures intended to ensure the protection of workers during these activities, including the following:
  • - workers must be issued with suitable personal protective equipment to be worn, which should be appropriately handled and, as regards respiratory equipment in particular, individually adjusted, including through fitting checks;
  • - the spread of dust arising from asbestos or materials containing asbestos outside the premises or site of action will be prevented, and for work performed under confinement, the enclosure will be airtight and under mechanical extraction ventilation;
  • - when the asbestos demolition or removal work has been completed, the absence of risks of exposure to asbestos at the place of work will be verified in accordance with national law and practice before other activities resume.
  • Training
  • Workers who are exposed, or are likely to be exposed, to dust from asbestos or materials containing asbestos will be required to undergo compulsory training meeting minimum requirements defined in a new annex. Each worker who has satisfactorily completed the training will receive a training certificate. The content of the training must be easily understood by the workers and must enable them to acquire the necessary knowledge and skills in the field of prevention and safety.
  • Register
  • Member States should keep a register of all cases of medically diagnosed asbestos-related occupational diseases. An indicative list of diseases that can be caused by exposure to asbestos is set out in Annex I. These include: asbestosis, mesothelioma, lung carcinoma, gastro-intestinal carcinoma, carcinoma of the larynx, carcinoma of the ovary, non-malignant pleural diseases.
docs/10
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events/4/summary
  • The Committee on Employment and Social Affairs adopted the report by Véronique TRILLET-LENOIR (Renew Europe, FR) on the proposal for a directive of the European Parliament and of the Council amending Directive 2009/148/EC on the protection of workers from the risks related to exposure to asbestos at work.
  • The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows:
  • Occupational exposure limit (OEL)
  • The report noted that taking into account the relevant scientific expertise and the need to increase the protection of workers at Union level, a revised OEL, equal to 0.001 fibres/cm3 as an 8-hour time-weighted average (TWA), should be established. That revised OEL should apply after a transitional period. Until four years after the date of entry into force of this Directive, a transitional OEL, equal to 0.01 fibres/cm³ as an 8-hour TWA, should apply. Such an approach is underpinned by a public health objective aiming at the necessary safe removal of asbestos and the need to take into account technical considerations with regard to monitoring compliance.
  • Removal techniques
  • The report stated that the safe removal and disposal of asbestos-containing materials should be a priority, because repair, maintenance, encapsulation or sealing lead to the postponement of removal, which can perpetuate the risks to the workers and occupants of the buildings concerned for many years.
  • The encapsulation and sealing of asbestos-containing materials which can technically be removed should be prohibited, while not putting poorer households at a disadvantage because of their inability to afford necessary renovations. Appropriate accompanying measures are therefore needed.
  • In that regard, the Union provides significant funding, in particular through the Recovery and Resilience Facility, to be used to support national measures for the removal of asbestos in the context of renovations. Where asbestos is not removed, the relevant structures should be identified, registered and regularly monitored.
  • Updated list of diseases
  • The report suggested updating the Annex to Directive 2009/148/EC related to the medical surveillance of workers in light of current knowledge on diseases that can be caused by asbestos exposure. When it is demonstrated that a disease is linked to occupational exposure to asbestos, the information should be used to feed statistical registers to ensure more complete epidemiological monitoring.
  • Current knowledge indicates that exposure to free asbestos fibres can give rise to at least the following diseases: lung carcinoma; carcinoma of the larynx; carcinoma of the ovary; non-malignant pleural diseases.
  • Training
  • Members included a new Annex on the minimum requirements for training. Workers who are, or who are likely to be, exposed to dust from asbestos or asbestos containing materials should receive mandatory training.
  • The training should be adapted as closely as possible to the characteristics of the profession.
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  • PURPOSE: to amend the Directive on asbestos at work, in particular as regards updating the limit value for asbestos in order to protect workers against risks to their health and safety which may result from exposure to asbestos at work.
  • PROPOSED ACT: Directive of the European Parliament and of the Council.
  • ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
  • BACKGROUND: asbestos is an extremely hazardous carcinogen , which continues to impact on various economic sectors, such as construction and renovation, mining, waste management and fire-fighting, where workers face a high risk of exposure.
  • Occupational cancer is the leading cause of work-related death in the EU. It is mainly caused by exposure to carcinogens such as asbestos. Up to 78% of cancers recognised as work-related in the Member States are asbestos-related. It is estimated that between 4.1 and 7.3 million workers are currently exposed to asbestos.
  • The Asbestos at Work Directive 2009/148/EC protects workers against risks to their health arising or likely to arise from exposure to asbestos at work. Under the Asbestos at Work Directive, for all activities in which workers are or may be exposed to dust from asbestos or materials containing asbestos, exposure must be reduced to a minimum and in any case below the fixed binding occupational-exposure limit (OEL) of 0.1 fibres/cm3 as an 8-hour time-weighted average (TWA).
  • The limit value for asbestos set out in Directive 2009/148/EC should be revised in the light of the Commission’s evaluations and recent scientific evidence and technical data. Its revision is also an effective way to ensure that preventive and protective measures are updated accordingly in all Member States.
  • This proposal delivers on the commitment made in Europe’s Beating Cancer Plan, the European Pillar of Social Rights Action Plan and the EU strategic framework on health and safety at work for 2021-2027 to further reduce workers’ exposure to asbestos, which is a highly dangerous carcinogenic substance.
  • Protecting workers from asbestos exposure is also a priority for the European Parliament. In its resolution of October 2021, the European Parliament outlined a comprehensive approach to tackling the legacy of asbestos-related problems.
  • CONTENT: the proposal provides for the amendment of the Asbestos at Work Directive , including the updating of the limit value for asbestos and other minor aspects related to the lowering of the current OEL.
  • Under the proposed Directive, employers should ensure that no worker is exposed to a higher airborne concentration of asbestos than 0.01 fibres/cm3 as an 8-hour TWA .
  • As it is possible to measure an OEL equal to 0.01 f/cm³ with phase-contrast microscope (PCM), no transition period is needed for the implementation of the revised OEL.
  • Fibre counting will be carried out by phase-contrast microscope (PCM) in accordance with the method recommended in 1997 by the World Health Organization (WHO) or, wherever possible, any other method giving equivalent or better results, such as a method based on electron microscopy.
  • The proposal also clarifies the obligation of employers to reduce the exposure of workers to dust from asbestos or materials containing asbestos at the place of work to a minimum, with the precision that in any case it must be as low a level as is technically possible below the limit set by the proposal.
  • Lastly, the obligation of employers to take all necessary steps to identify presumed asbestos containing materials before beginning demolition or maintenance work by obtaining information from the owners of the premises, is extended to cover other relevant sources of information, such as relevant registers .
  • According to the Commission, this initiative should prevent cases of work-related cases of cancer, while mitigating certain effects, such as suffering of workers and their families, reduced quality of life or undermined well-being. It is estimated that 663 cases of cancer (lung cancer, mesothelioma, laryngeal cancer and ovarian cancer) could be prevented. The estimated monetised health benefit of the initiative is between EUR 166 and 323 million.
  • The revision of the ELV set in the Asbestos at Work Directive will result in a greater harmonisation of limit values across the EU, which should ensure a more level playing field for businesses.
events/0/summary
  • PURPOSE: to amend the Directive on asbestos at work, in particular as regards updating the limit value for asbestos in order to protect workers against risks to their health and safety which may result from exposure to asbestos at work.
  • PROPOSED ACT: Directive of the European Parliament and of the Council.
  • ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
  • BACKGROUND: asbestos is an extremely hazardous carcinogen , which continues to impact on various economic sectors, such as construction and renovation, mining, waste management and fire-fighting, where workers face a high risk of exposure.
  • Occupational cancer is the leading cause of work-related death in the EU. It is mainly caused by exposure to carcinogens such as asbestos. Up to 78% of cancers recognised as work-related in the Member States are asbestos-related. It is estimated that between 4.1 and 7.3 million workers are currently exposed to asbestos.
  • The Asbestos at Work Directive 2009/148/EC protects workers against risks to their health arising or likely to arise from exposure to asbestos at work. Under the Asbestos at Work Directive, for all activities in which workers are or may be exposed to dust from asbestos or materials containing asbestos, exposure must be reduced to a minimum and in any case below the fixed binding occupational-exposure limit (OEL) of 0.1 fibres/cm3 as an 8-hour time-weighted average (TWA).
  • The limit value for asbestos set out in Directive 2009/148/EC should be revised in the light of the Commission’s evaluations and recent scientific evidence and technical data. Its revision is also an effective way to ensure that preventive and protective measures are updated accordingly in all Member States.
  • This proposal delivers on the commitment made in Europe’s Beating Cancer Plan, the European Pillar of Social Rights Action Plan and the EU strategic framework on health and safety at work for 2021-2027 to further reduce workers’ exposure to asbestos, which is a highly dangerous carcinogenic substance.
  • Protecting workers from asbestos exposure is also a priority for the European Parliament. In its resolution of October 2021, the European Parliament outlined a comprehensive approach to tackling the legacy of asbestos-related problems.
  • CONTENT: the proposal provides for the amendment of the Asbestos at Work Directive , including the updating of the limit value for asbestos and other minor aspects related to the lowering of the current OEL.
  • Under the proposed Directive, employers should ensure that no worker is exposed to a higher airborne concentration of asbestos than 0.01 fibres/cm3 as an 8-hour TWA .
  • As it is possible to measure an OEL equal to 0.01 f/cm³ with phase-contrast microscope (PCM), no transition period is needed for the implementation of the revised OEL.
  • Fibre counting will be carried out by phase-contrast microscope (PCM) in accordance with the method recommended in 1997 by the World Health Organization (WHO) or, wherever possible, any other method giving equivalent or better results, such as a method based on electron microscopy.
  • The proposal also clarifies the obligation of employers to reduce the exposure of workers to dust from asbestos or materials containing asbestos at the place of work to a minimum, with the precision that in any case it must be as low a level as is technically possible below the limit set by the proposal.
  • Lastly, the obligation of employers to take all necessary steps to identify presumed asbestos containing materials before beginning demolition or maintenance work by obtaining information from the owners of the premises, is extended to cover other relevant sources of information, such as relevant registers .
  • According to the Commission, this initiative should prevent cases of work-related cases of cancer, while mitigating certain effects, such as suffering of workers and their families, reduced quality of life or undermined well-being. It is estimated that 663 cases of cancer (lung cancer, mesothelioma, laryngeal cancer and ovarian cancer) could be prevented. The estimated monetised health benefit of the initiative is between EUR 166 and 323 million.
  • The revision of the ELV set in the Asbestos at Work Directive will result in a greater harmonisation of limit values across the EU, which should ensure a more level playing field for businesses.
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