12.7.2005   

EN

Official Journal of the European Union

CE 172/26

COMMON POSITION (EC) No 24/2005

adopted by the Council on 18 April 2005

with a view to adopting Directive 2005/…/EC of the European Parliament and of the Council of … on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (optical radiation) (19th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)

(2005/C 172 E/02)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 137(2) thereof,

Having regard to the proposal from the Commission (1), presented after consultation with the Advisory Committee on Safety and Health at Work,

Having regard to the opinion of the European Economic and Social Committee (2),

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),

Whereas:

(1)

Under the Treaty the Council may, by means of directives, adopt minimum requirements for encouraging improvements, especially in the working environment, to guarantee a better level of protection of the health and safety of workers. Such directives are to avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings.

(2)

The communication from the Commission concerning its action programme relating to the implementation of the Community Charter of the Fundamental Social Rights of Workers provides for the introduction of minimum health and safety requirements regarding the exposure of workers to the risks caused by physical agents. In September 1990 the European Parliament adopted a Resolution concerning this action programme (4), inviting the Commission in particular to draw up a specific directive on the risks caused by noise, vibration and any other physical agents at the workplace.

(3)

As a first step, the European Parliament and the Council adopted Directive 2002/44/EC of 25 June 2002 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (vibration) (16th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (5). Next, on 6 February 2003, the European Parliament and the Council adopted 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 within the meaning of Article 16(1) of Directive 89/391/EEC) (6). Thereafter, on 29 April 2004, the European Parliament and the Council adopted Directive 2004/40/EC 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) (7).

(4)

It is now considered necessary to introduce measures protecting workers from the risks associated with optical radiation, owing to its effects on the health and safety of workers, in particular damage to the eyes and to the skin. These measures are intended not only to ensure the health and safety of each worker on an individual basis, but also to create a minimum basis of protection for all Community workers, in order to avoid possible distortions of competition.

(5)

This Directive lays down minimum requirements, thus giving Member States the option of maintaining or adopting more stringent provisions for the protection of workers, in particular the fixing of lower exposure limit values. The implementation of this Directive should not serve to justify any regression in relation to the situation which already prevails in each Member State.

(6)

A system of protection against the hazards of optical radiation should limit itself to a definition, free of excessive detail, of the objectives to be attained, the principles to be observed and the fundamental values to be applied, in order to enable Member States to apply the minimum requirements in an equivalent manner.

(7)

The level of exposure to optical radiation can be more effectively reduced by incorporating preventive measures into the design of workstations and by selecting work equipment, procedures and methods so as to give priority to reducing the risks at source. Provisions relating to work equipment and methods thus contribute to the protection of the workers involved. In accordance with the general principles of prevention as laid down in Article 6(2) of Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (8), collective protection measures have priority over individual protection measures.

(8)

Employers should make adjustments in the light of technical progress and scientific knowledge regarding risks related to exposure to optical radiation, with a view to improving the safety and health protection of workers.

(9)

Since this Directive is an individual directive within the meaning of Article 16(1) of Directive 89/391/EEC, that Directive applies to the exposure of workers to optical radiation, without prejudice to more stringent and/or specific provisions contained in this Directive.

(10)

This Directive constitutes a practical step towards creating the social dimension of the internal market.

(11)

A complementary approach that both promotes the principle of better regulation and ensures a high level of protection can be achieved where the products made by the manufacturers of optical radiation sources and associated equipment comply with harmonised standards devised to protect the health and safety of users from the hazards inherent in such products; accordingly, it is not necessary for employers to repeat the measurements or calculations already undertaken by the manufacturer to determine compliance with the essential safety requirements of such equipment as specified in the applicable Community Directives.

(12)

The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (9).

(13)

Adherence to the exposure limit values should provide a high level of protection as regards the health effects that may result from exposure to optical radiation. However, since the application of exposure limit values and engineering controls are not deemed appropriate in the case of exposure to natural sources of optical radiation, preventive measures, including information and training for workers, are critical in the assessment of risk and the reduction of solar exposure risks.

(14)

In accordance with paragraph 34 of the Interinstitutional Agreement on better law-making (10), Member States are encouraged to draw up, for themselves and in the interests of the Community, their own tables, which will, as far as possible, illustrate the correlation between this Directive and the transposition measures, and to make them public,

HAVE ADOPTED THIS DIRECTIVE:

SECTION I

GENERAL PROVISIONS

Article 1

Aim and scope

1.   This Directive, which is the 19th individual Directive within the meaning of Article 16(l) of Directive 89/391/EEC, lays down minimum requirements for the protection of workers from risks to their health and safety arising or likely to arise from exposure to optical radiation during their work.

2.   This Directive refers to the risk to the health and safety of workers due to adverse effects caused by exposure to optical radiation to the eyes and to the skin.

3.   Directive 89/391/EEC shall apply fully to the whole area referred to in paragraph 1, without prejudice to more stringent and/or more specific provisions contained in this Directive.

Article 2

Definitions

For the purposes of this Directive, the following definitions shall apply:

(a)

optical radiation: any electromagnetic radiation in the wavelength range between 100 nm and 1 mm. The spectrum of optical radiation is divided into ultraviolet radiation, visible radiation and infrared radiation:

(i)

ultraviolet radiation: optical radiation of wavelength range between 100 nm and 400 nm. The ultraviolet region is divided into UVA (315 to 400 nm), UVB (280 to 315 nm) and UVC (100 to 280 nm);

(ii)

visible radiation: optical radiation of wavelength range between 380 nm and 780 nm;

(iii)

infrared radiation: optical radiation of wavelength range between 780 nm and 1 mm. The infrared region is divided into IRA (780 to 1 400 nm), IRB (1 400 to 3 000 nm) and IRC (3 000 nm to 1 mm);

(b)

laser (light amplification by stimulated emission of radiation): any device which can be made to produce or amplify electromagnetic radiation in the optical radiation wavelength range primarily by the process of controlled stimulated emission;

(c)

laser radiation: optical radiation from a laser;

(d)

non-coherent radiation: any optical radiation other than laser radiation;

(e)

exposure limit values: limits on exposure to optical radiation which are based directly on established health effects and biological considerations. Compliance with these limits will ensure that workers exposed to artificial sources of optical radiation are protected against all known adverse health effects;

(f)

irradiance (E) or power density: the radiant power incident per unit area upon a surface expressed in watts per square metre (W m-2);

(g)

radiant exposure (H): the time integral of the irradiance, expressed in joules per square metre (J m-2);

(h)

radiance (L): the radiant flux or power output per unit solid angle per unit area, expressed in watts per square metre per steradian (W m-2 sr-1);

(i)

level: the combination of irradiance, radiant exposure and radiance to which a worker is exposed.

Article 3

Exposure limit values

1.   The exposure limit values for non-coherent radiation, other than that emitted by natural sources of optical radiation, are as set out in Annex I.

2.   The exposure limit values for laser radiation are as set out in Annex II.

SECTION II

OBLIGATIONS OF EMPLOYERS

Article 4

Determination of exposure and assessment of risks

1.   In carrying out the obligations laid down in Articles 6(3) and 9(1) of Directive 89/391/EEC, the employer, in the case of workers exposed to artificial sources of optical radiation, shall assess and, if necessary, measure and/or calculate the levels of exposure to optical radiation to which workers are likely to be exposed so that the measures needed to restrict exposure to the applicable limits can be identified and put into effect. The methodology applied in assessment, measurement and/or calculations shall follow the standards of the International Electrotechnical Commission (IEC) in respect of laser radiation and the recommendations of the International Commission on Illumination (CIE) and the European Committee for Standardisation (CEN) in respect of non-coherent radiation. In exposure situations which are not covered by these standards and recommendations, and until appropriate EU standards or recommendations become available, assessment, measurement and/or calculations shall be carried out using available national or international science-based guidelines. In both exposure situations, the assessment may take account of data provided by the manufacturers of the equipment when it is covered by relevant Community Directives.

2.   In carrying out the obligations laid down in Articles 6(3) and 9(1) of Directive 89/391/EEC, the employer, in the case of workers exposed to natural sources of optical radiation, shall assess the risks to health and safety so that the measures needed to minimise these risks can be identified and put into effect.

3.   The assessment, measurement and/or calculations referred to in paragraph 1 and the assessment referred to in paragraph 2 shall be planned and carried out by competent services or persons at suitable intervals, taking particular account of the provisions of Articles 7 and 11 of Directive 89/391/EEC concerning the necessary competent services or persons and the consultation and participation of workers. The data obtained from the assessments, including those obtained from the measurement and/or calculations of the level of exposure referred to in paragraph 1, shall be preserved in a suitable form so as to permit consultation at a later stage.

4.   Pursuant to Article 6(3) of Directive 89/391/EEC, the employer shall give particular attention, when carrying out the risk assessment, to the following:

(a)

the level, wavelength range and duration of exposure to artificial sources of optical radiation;

(b)

the exposure to natural sources of optical radiation;

(c)

the exposure limit values referred to in Article 3 of this Directive;

(d)

any effects concerning the health and safety of workers belonging to particularly sensitive risk groups;

(e)

any possible effects on workers' health and safety resulting from workplace interactions between optical radiation and photosensitising chemical substances;

(f)

any indirect effects such as temporary blinding, explosion or fire;

(g)

the existence of replacement equipment designed to reduce the levels of exposure to optical radiation;

(h)

appropriate information obtained from health surveillance, including published information, as far as possible;

(i)

multiple sources of exposure to optical radiation;

(j)

a classification applied to a laser as defined in accordance with the relevant IEC standard and, in relation to any artificial source likely to cause damage similar to that of a laser of class 3B or 4, any similar classification;

(k)

information provided by the manufacturers of optical radiation sources and associated work equipment in accordance with the relevant Community Directives.

5.   The employer shall be in possession of an assessment of the risk in accordance with Article 9(1)(a) of Directive 89/391/EEC and shall identify which measures must be taken in accordance with Articles 5 and 6 of this Directive. The risk assessment shall be recorded on a suitable medium, according to national law and practice; it may include a justification by the employer that the nature and extent of the risks related to optical radiation make a further, detailed risk assessment unnecessary. The risk assessment shall be updated on a regular basis, particularly if there have been significant changes which could render it out of date, or if the results of health surveillance show it to be necessary.

Article 5

Provisions aimed at avoiding or reducing risks

1.   Taking account of technical progress and of the availability of measures to control the risk at source, the risks arising from exposure to optical radiation shall be eliminated or reduced to a minimum.

The reduction of risks arising from exposure to optical radiation shall be based on the general principles of prevention set out in Directive 89/391/EEC.

2.   Where the risk assessment carried out in accordance with Article 4(1) for workers exposed to artificial sources of optical radiation indicates that the exposure limit values may be exceeded, the employer shall devise and implement an action plan comprising technical and/or organisational measures taking into account in particular:

(a)

other working methods that reduce the risk from optical radiation;

(b)

the choice of equipment emitting less optical radiation, taking account of the work to be done;

(c)

technical measures to reduce the emission of optical radiation including, where necessary, the use of interlocks, shielding or similar health protection mechanisms;

(d)

appropriate maintenance programmes for work equipment, workplaces and workstation systems;

(e)

the design and layout of workplaces and workstations;

(f)

limitation of the duration and level of the exposure;

(g)

the availability of appropriate personal protective equipment;

(h)

the instructions of the manufacturer of the equipment where it is covered by relevant Community Directives.

3.   Where the risk assessment carried out in accordance with Article 4(2) indicates a risk for workers exposed to natural sources of optical radiation, the employer shall devise and implement an action plan comprising technical and/or organisational measures in order to reduce the health and safety risks to a minimum.

4.   On the basis of the risk assessment carried out in accordance with Article 4, workplaces where workers could be exposed to levels of optical radiation from artificial sources exceeding the exposure limit values shall be indicated by appropriate signs in accordance with Council Directive 92/58/EEC of 24 June 1992 on the minimum requirements for the provision of safety and/or health signs at work (9th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (11). The areas in question shall be identified, and access to them limited where this is technically possible and where there is a risk that the exposure limit values could be exceeded.

5.   If, despite the measures taken by the employer to comply with this Directive in respect of artificial sources of optical radiation, the exposure limit values are exceeded, the employer shall take immediate action to reduce exposure below the exposure limit values. The employer shall identify the reasons why the exposure limit values have been exceeded and shall adapt the protection and prevention measures accordingly in order to prevent them being exceeded again. In any event, workers shall not be exposed above the exposure limit values.

6.   Pursuant to Article 15 of Directive 89/391/EEC, the employer shall adapt the measures referred to in this Article to the requirements of workers belonging to particularly sensitive risk groups.

Article 6

Worker information and training

Without prejudice to Articles 10 and 12 of Directive 89/391/EEC, the employer shall ensure that workers who are exposed to risks from optical radiation at work and/or their representatives receive any necessary information and training relating to the outcome of the risk assessment provided for in Article 4 of this Directive, concerning in particular:

(a)

measures taken to implement this Directive;

(b)

the exposure limit values and the associated potential risks;

(c)

the results of the assessment, measurement and/or calculations of the levels of exposure to optical radiation carried out in accordance with Article 4 of this Directive together with an explanation of their significance and potential risks;

(d)

how to detect adverse health effects of exposure and how to report them;

(e)

the circumstances in which workers are entitled to health surveillance;

(f)

safe working practices to minimise risks from exposure;

(g)

proper use of appropriate personal protective equipment.

Article 7

Consultation and participation of workers

Consultation and participation of workers and/or of their representatives shall take place in accordance with Article 11 of Directive 89/391/EEC on the matters covered by this Directive.

SECTION III

MISCELLANEOUS PROVISIONS

Article 8

Health surveillance

1.   Without prejudice to Article 14 of Directive 89/391/EEC, Member States shall adopt provisions to ensure the appropriate health surveillance of workers where the outcome of the risk assessment provided for in Article 4 of this Directive indicates a significant risk to their health. Those provisions, including the requirements specified for health records and their availability, shall be introduced in accordance with national law and/or practice.

2.   Member States shall establish arrangements to ensure that, for each worker who undergoes health surveillance in accordance with paragraph 1, individual health records are made and kept up to date. Health records shall contain a summary of the results of the health surveillance carried out. They shall be kept in a suitable form so as to permit consultation at a later date, taking into account any confidentiality. Copies of the appropriate records shall be supplied to the competent authority on request, taking into account any confidentiality. Individual workers shall, at their request, have access to their own personal health records.

3.   Where, as a result of health surveillance, a worker is found to have an identifiable disease or adverse health effect which is considered by a doctor or occupational health-care professional to be the result of exposure to optical radiation at work:

(a)

the worker shall be informed by the doctor or other suitably qualified person of the result which relates to him personally. He shall, in particular, receive information and advice regarding any health surveillance which he should undergo following the end of exposure;

(b)

the employer shall be informed of any significant findings of the health surveillance, taking into account any medical confidentiality;

(c)

the employer shall:

—

review the risk assessment carried out pursuant to Article 4,

—

review the measures provided for to eliminate or reduce risks pursuant to Article 5,

—

take into account the advice of the occupational health-care professional or other suitably qualified person or the competent authority in implementing any measure required to eliminate or reduce risk in accordance with Article 5, including the possibility of assigning the worker to alternative work which carries no risk of exposure exceeding the appropriate exposure limit value, and

—

arrange continued health surveillance and provide for a review of the health status of any other worker who has been similarly exposed. In such cases, the competent doctor or occupational health care professional or the competent authority may propose that the exposed persons undergo a medical examination.

Article 9

Penalties

Member States shall provide for adequate penalties to be applicable in the event of infringement of the national legislation adopted pursuant to this Directive. These penalties must be effective, proportionate and dissuasive.

Article 10

Technical amendments

1.   Any modification of the exposure limit values set out in the Annexes shall be adopted by the European Parliament and the Council in accordance with the procedure laid down in Article 137(2) of the Treaty.

2.   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 in accordance with the procedure laid down in Article 11(2).

Article 11

Committee

1.   The Commission shall be assisted by the Committee referred to in Article 17 of Directive 89/391/EEC.

2.   Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

3.   The Committee shall adopt its rules of procedure.

SECTION IV

FINAL PROVISIONS

Article 12

Reports

Every five years Member States shall provide the Commission with a report on the practical implementation of this Directive, indicating the points of view of the social partners.

Every five years the Commission shall inform the European Parliament, the Council, the European Economic and Social Committee and the Advisory Committee on Safety and Health at Work of the content of these reports, of its assessment of developments in the field in question and of any action that may be warranted in the light of new scientific knowledge.

Article 13

Transposition

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by … (12). They shall forthwith inform the Commission thereof.

When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

2.   Member States shall communicate to the Commission the text of the provisions of national law which they adopt or have already adopted in the field covered by this Directive.

Article 14

Entry into force

This Directive shall enter into force on the day of its publication in the Official Journal of the European Union.

Article 15

Addressees

This Directive is addressed to the Member States.

Done at …

For the European Parliament

The President

…

For the Council

The President

…

(1)  OJ C 77, 18.3.1993, p. 12 and OJ C 230, 19.8.1994, p. 3.

(2)  OJ C 249, 13.9.1993, p. 28.

(3)  Opinion of the European Parliament of 20 April 1994 (OJ C 128, 9.5.1994, p. 146) confirmed on 16 September 1999 (OJ C 54, 25.2.2000, p. 75), Council Common Position of 18 April 2005 and Position of the European Parliament of … (not yet published in the Official Journal).

(4)  OJ C 260, 15.10.1990, p. 167.

(5)  OJ L 177, 6.7.2002, p. 13.

(6)  OJ L 42, 15.2.2003, p. 38.

(7)  OJ L 159, 30.4.2004, p. 1, as corrected in OJ L 184, 24.5.2004, p. 1.

(8)  OJ L 183, 29.6.1989, p. 1. Directive as amended by Regulation (EC) No 1882/2003 of the European Parliament and the Council (OJ L 284, 31.10.2003, p. 1).

(9)  OJ L 184, 17.7.1999, p. 23.

(10)  OJ C 321, 31.12.2003, p. 1.

(11)  OJ L 245, 26.8.1992, p. 23.

(12)  Four years after the entry into force of this Directive.

ANNEX I

NON-COHERENT OPTICAL RADIATION

The biophysically relevant exposure values to optical radiation can be determined with the formulae below. The formulae to be used depend on the range of radiation emitted by the source and the results should be compared with the corresponding exposure limit values indicated in table 1.1. More than one exposure value and corresponding exposure limit can be relevant for a given source of optical radiation.

Numbering (a) to (o) refers to corresponding rows of table 1.1.

(a)

Formula

(Heff is only relevant in the range 180 to 400 nm)

(b)

Formula

(HUVA is only relevant in the range 315 to 400 nm)

(c), (d)

Formula

(LB is only relevant in the range 300 to 700 nm)

(e), (f)

Formula

(EB is only relevant in the range 300 to 700 nm)

(g) to (l)

Formula

(See table 1.1 for appropriate values of λ1 and λ2)

(m), (n)

Formula

(EIR is only relevant in the range 780 to 3 000 nm)

(o)

Formula

(Hskin is only relevant in the range 380 to 3 000 nm)

For the purposes of this Directive, the formulae above can be replaced by the following expressions and the use of discrete values as set out in the following tables:

(a)

Formula

and Heff = Eeff · Δt

(b)

Formula

and HUVA = EUVA · Δt

(c), (d)

Formula

 

(e), (f)

Formula

 

(g) to (l)

Formula

(See table 1.1 for appropriate values of λ1 and λ2)

(m), (n)

Formula

 

(o)

Formula

and Hskin = Eskin·Δt

Notes:

Eλ (λ,t), Eλ

spectral irradiance or spectral power density: the radiant power incident per unit area upon a surface, expressed in watts per square metre per nanometre [W m-2 nm-1]; values of Eλ (λ,t) and Eλλ come from measurements or may be provided by the manufacturer of the equipment;

Eeff

effective irradiance (UV range): calculated irradiance within the UV wavelength range 180 to 400 nm spectrally weighted by S (λ), expressed in watts per square metre [W m-2];

H

radiant exposure, the time integral of the irradiance, expressed in joules per square metre [J m-2];

Heff

effective radiant exposure: radiant exposure spectrally weighted by S (λ), expressed in joules per square metre [J m- 2];

EUVA

total irradiance (UVA): calculated irradiance within the UVA wavelength range 315 to 400 nm, expressed in watts per square metre [W m-2];

HUVA

radiant exposure, the time and wavelength integral or sum of the irradiance within the UVA wavelength range 315 to 400 nm, expressed in joules per square metre [J m-2];

S (λ)

spectral weighting taking into account the wavelength dependence of the health effects of UV radiation on eye and skin, (table 1.2) [dimensionless];

t, Δt

time, duration of the exposure, expressed in seconds [s];

λ

wavelength, expressed in nanometres [nm];

Δ λ

bandwidth, expressed in nanometres [nm], of the calculation or measurement intervals

Lλ (λ), Lλ

spectral radiance of the source expressed in watts per square metre per steradian per nanometre [W m- 2 sr–1 nm-1];

R (λ)

spectral weighting taking into account the wavelength dependence of the thermal injury caused to the eye by visible and IRA radiation (table 1.3) [dimensionless];

LR

effective radiance (thermal injury): calculated radiance spectrally weighted by R (λ) expressed in watts per square metre per steradian [W m- 2 sr –1];

B (λ)

spectral weighting taking into account the wavelength dependence of the photochemical injury caused to the eye by blue light radiation (table 1.3) [dimensionless];

LB

effective radiance (blue light): calculated radiance spectrally weighted by B (λ), expressed in watts per square metre per steradian [W m- 2 sr –1];

EB

effective irradiance (blue light): calculated irradiance spectrally weighted by B (λ) expressed in watts per square metre [W m- 2];

EIR

total irradiance (thermal injury): calculated irradiance within the infrared wavelength range 780 nm to 3 000 nm expressed in watts per square metre [W m-2];

Eskin

total irradiance (visible, IRA and IRB): calculated irradiance within the visible and infrared wavelength range 380 nm to 3 000 nm, expressed in watts per square metre [W m-2];

Hskin

radiant exposure, the time and wavelength integral or sum of the irradiance within the visible and infrared wavelength range 380 to 3 000 nm, expressed in joules per square metre (J m-2);

α

angular subtense: the angle subtended by an apparent source, as viewed at a point in space, expressed in milliradians (mrad). Apparent source is the real or virtual object that forms the smallest possible retinal image.

Table 1.1

Exposure limit values for non-coherent optical radiation

Index

Wavelength nm

Exposure limit value

Units

Comment

Part of the body

Hazard

a.

180-400

(UVA, UVB and UVC)

Heff = 30

Daily value 8 hours

[J m-2]

 

eye

cornea

conjunctiva

lensskin

photokeratitis

conjunctivitis

cataractogenesis

erythema

elastosis

skin cancer

b.

315-400

(UVA)

HUVA = 104

Daily value 8 hours

[J m-2]

 

eye

lens

cataractogenesis

c.

300-700

(Blue light)

see note 1

Formula

LB: [W m-2 sr-1]

t: [seconds]

for α ≥ 11 mrad

eye

retina

photoretinitis

for t ≤ 10 000 s

d.

300-700

(Blue light)

see note 1

LB = 100

for t > 10 000 s

[W m-2 sr-1]

e.

300-700

(Blue light)

see note 1

Formula

EB: [W m-2]

t: [seconds]

for α < 11 mrad

see note 2

for t ≤ 10 000 s

f.

300-700

(Blue light)

see note 1

EB = 0,01

t >10 000 s

[W m-2]

g.

380-1 400

(Visible and IRA)

Formula

[W m-2 sr-1]

Cα = 1,7 for

α ≤ 1,7 mrad

Cα = α for

1,7 ≤ α ≤ 100 mrad

Cα = 100 for

α > 100 mrad

λ1= 380; λ2= 1400

eye

retina

retinal burn

for t >10 s

h.

380-1 400

(Visible and IRA)

Formula

LR: [W m-2 sr-1]

t: [seconds]

for 10 μs ≤ t ≤ 10 s

i.

380-1 400

(Visible and IRA)

Formula

[W m-2 sr-1]

for t <10 μs

j.

780-1 400

(IRA)

Formula

[W m-2 sr-1]

Cα = 11 for

α ≤ 11 mrad

Cα = α for

11≤ α ≤ 100 mrad

Cα = 100 for

α > 100 mrad

(measurement field-of-view: 11 mrad)

λ1= 780; λ2= 1 400

eye

retina

retinal burn

for t > 10 s

k.

780-1 400

(IRA)

Formula

LR: [W m-2 sr-1]

t: [seconds]

for 10 μs ≤ t ≤ 10 s

l.

780-1 400

(IRA)

Formula

[W m-2 sr-1]

for t < 10 μs

m.

780-3 000

(IRA and IRB)

EIR = 18 000 t-0,75

for t ≤ 1 000 s

E: [Wm-2]

t: [seconds]

 

eye

cornea

lens

corneal burn

cataractogenesis

n.

780-3 000

(IRA and IRB)

EIR = 100

for t > 1 000 s

[W m-2]

o.

380-3 000

(Visible, IRA and IRB)

Hskin = 20 000 t0,25

for t < 10 s

H: [J m-2]

t: [seconds]

 

skin

burn

Note 1: The range of 300 to 700 nm covers parts of UVB, all UVA and most of visible radiation; however, the associated hazard is commonly referred to as ‘blue light’ hazard. Blue light strictly speaking covers only the range of approximately 400 to 490 nm.

Note 2: For steady fixation of very small sources with an angular subtense < 11mrad, LB can be converted to EB. This normally applies only for ophthalmic instruments or a stabilized eye during anaesthesia. The maximum ‘stare time’ is found by: tmax = 100/EB with EB expressed in W m-2. Due to eye movements during normal visual tasks this does not exceed 100s.


Table 1.2

S (λ) [dimensionless], 180 nm to 400 nm

λ in nm

S (λ)

180

0,0120

181

0,0126

182

0,0132

183

0,0138

184

0,0144

185

0,0151

186

0,0158

187

0,0166

188

0,0173

189

0,0181

190

0,0190

191

0,0199

192

0,0208

193

0,0218

194

0,0228

195

0,0239

196

0,0250

197

0,0262

198

0,0274

199

0,0287

200

0,0300

201

0,0334

202

0,0371

203

0,0412

204

0,0459

205

0,0510

206

0,0551

207

0,0595

208

0,0643

209

0,0694

210

0,0750

211

0,0786

212

0,0824

213

0,0864

214

0,0906

215

0,0950

216

0,0995

217

0,1043

218

0,1093

219

0,1145

220

0,1200

221

0,1257

222

0,1316

223

0,1378

224

0,1444

225

0,1500

226

0,1583

227

0,1658

228

0,1737

229

0,1819

230

0,1900

231

0,1995

232

0,2089

233

0,2188

234

0,2292

235

0,2400

236

0,2510

237

0,2624

238

0,2744

239

0,2869

240

0,3000

241

0,3111

242

0,3227

243

0,3347

244

0,3471

245

0,3600

246

0,3730

247

0,3865

248

0,4005

249

0,4150

250

0,4300

251

0,4465

252

0,4637

253

0,4815

254

0,5000

255

0,5200

256

0,5437

257

0,5685

258

0,5945

259

0,6216

260

0,6500

261

0,6792

262

0,7098

263

0,7417

264

0,7751

265

0,8100

266

0,8449

267

0,8812

268

0,9192

269

0,9587

270

1,0000

271

0,9919

272

0,9838

273

0,9758

274

0,9679

275

0,9600

276

0,9434

277

0,9272

278

0,9112

279

0,8954

280

0,8800

281

0,8568

282

0,8342

283

0,8122

284

0,7908

285

0,7700

286

0,7420

287

0,7151

288

0,6891

289

0,6641

290

0,6400

291

0,6186

292

0,5980

293

0,5780

294

0,5587

295

0,5400

296

0,4984

297

0,4600

298

0,3989

299

0,3459

300

0,3000

301

0,2210

302

0,1629

303

0,1200

304

0,0849

305

0,0600

306

0,0454

307

0,0344

308

0,0260

309

0,0197

310

0,0150

311

0,0111

312

0,0081

313

0,0060

314

0,0042

315

0,0030

316

0,0024

317

0,0020

318

0,0016

319

0,0012

320

0,0010

321

0,000819

322

0,000670

323

0,000540

324

0,000520

325

0,000500

326

0,000479

327

0,000459

328

0,000440

329

0,000425

330

0,000410

331

0,000396

332

0,000383

333

0,000370

334

0,000355

335

0,000340

336

0,000327

337

0,000315

338

0,000303

339

0,000291

340

0,000280

341

0,000271

342

0,000263

343

0,000255

344

0,000248

345

0,000240

346

0,000231

347

0,000223

348

0,000215

349

0,000207

350

0,000200

351

0,000191

352

0,000183

353

0,000175

354

0,000167

355

0,000160

356

0,000153

357

0,000147

358

0,000141

359

0,000136

360

0,000130

361

0,000126

362

0,000122

363

0,000118

364

0,000114

365

0,000110

366

0,000106

367

0,000103

368

0,000099

369

0,000096

370

0,000093

371

0,000090

372

0,000086

373

0,000083

374

0,000080

375

0,000077

376

0,000074

377

0,000072

378

0,000069

379

0,000066

380

0,000064

381

0,000062

382

0,000059

383

0,000057

384

0,000055

385

0,000053

386

0,000051

387

0,000049

388

0,000047

389

0,000046

390

0,000044

391

0,000042

392

0,000041

393

0,000039

394

0,000037

395

0,000036

396

0,000035

397

0,000033

398

0,000032

399

0,000031

400

0,000030


Table 1.3

B (λ), R (λ) [dimensionless], 380 nm to 1 400 nm

λ in nm

B(λ)

R (λ)

300 ≤ λ < 380

0,01

—

380

0,01

0,1

385

0,013

0,13

390

0,025

0,25

395

0,05

0,5

400

0,1

1

405

0,2

2

410

0,4

4

415

0,8

8

420

0,9

9

425

0,95

9,5

430

0,98

9,8

435

1

10

440

1

10

445

0,97

9,7

450

0,94

9,4

455

0,9

9

460

0,8

8

465

0,7

7

470

0,62

6,2

475

0,55

5,5

480

0,45

4,5

485

0,32

3,2

490

0,22

2,2

495

0,16

1,6

500

0,1

1

500 < λ ≤ 600

100,02·(450 - λ)

1

600 < λ ≤ 700

0,001

1

700 < λ ≤ 1 050

—

100,002·(700 - λ)

1 050 < λ ≤ 1 150

—

0,2

1 150 < λ ≤ 1 200

—

0,2 · 100,02·(1 150 - λ)

1 200 < λ ≤ 1 400

—

0,02

ANNEX II

LASER OPTICAL RADIATION

The biophysically relevant exposure values to optical radiation can be determined with the formulae below. The formulae to be used depend on the wavelength and duration of radiation emitted by the source and the results should be compared with the corresponding exposure limit values indicated in the tables 2.2 to 2.4. More than one exposure value and corresponding exposure limit can be relevant for a given source of laser optical radiation.

Coefficients used as calculation tools within the tables 2.2 to 2.4 are listed in table 2.5 and corrections for repetitive exposure are listed in table 2.6.

Formula

Formula

Notes:

dP

power expressed in watt [W];

dA

surface expressed in square meter [m2];

E (t), E

irradiance or power density: the radiant power incident per unit area upon a surface, generally expressed in watts per square metre [W m-2]. Values of E(t), E come from measurements or may be provided by the manufacturer of the equipment;

H

radiant exposure, the time integral of the irradiance, expressed in joules per square metre [J m-2];

t

time, duration of the exposure, expressed in seconds [s];

λ

wavelength, expressed in nanometres [nm];

γ

limiting cone angle of measurement field-of-view expressed in milliradians [mrad];

γm

measurement field of view expressed in milliradians [mrad];

α

angular subtense of a source expressed in milliradians [mrad];

limiting aperture: the circular area over which irradiance and radiant exposure are averaged;

G

integrated radiance: the integral of the radiance over a given exposure time expressed as radiant energy per unit area of a radiating surface per unit solid angle of emission, in joules per square metre per steradian [J m-2 sr -1].

Table 2.1

Radiation hazards

Wavelength [nm]

λ

Radiation range

Affected organ

Hazard

Exposure limit value table

180 to 400

UV

eye

photochemical damage and thermal damage

2.2, 2.3

180 to 400

UV

skin

erythema

2.4

400 to 700

visible

eye

retinal damage

2.2

400 to 600

visible

eye

photochemical damage

2.3

400 to 700

visible

skin

thermal damage

2.4

700 to 1 400

IRA

eye

thermal damage

2.2, 2.3

700 to 1 400

IRA

skin

thermal damage

2.4

1 400 to 2 600

IRB

eye

thermal damage

2.2

2 600 to 106

IRC

eye

thermal damage

2.2

1 400 to 106

IRB, IRC

eye

thermal damage

2.3

1 400 to 106

IRB, IRC

skin

thermal damage

2.4


Table 2.2

Exposure limit values for laser exposure to the eye — Short exposure duration < 10 s

Wavelength (1) [nm]

Aperture

Duration [s]

10-13 — 10-11

10-11 — 10-9

10-9 — 10-7

10-7 — 1,8 · 10-5

1,8 · 10-5 — 5 · 10-5

5 · 10-5 — 10-3

10-3 — 101

UVC

180-280

1 mm for t<0,3 s; 1,5 · t0,375 for 0,3<t<10 s

E = 3 · 1010 · [W m-2] (3)

H = 30 [J m-2]

UVB

280-302

303

H = 40 [J m-2]

if t < 2,6 · 10-9 then H = 5,6 · 103 t 0,25 [J m-2 ] (4)

304

H = 60 [J m-2]

if t < 1,3 · 10-8 then H = 5,6 · 103 t 0,25 [J m-2 ] (4)

305

H = 100 [J m-2]

if t < 1,0 · 10-7 then H = 5,6 · 103 t 0,25[J m-2 ] (4)

306

H = 160 [J m-2]

if t < 6,7 · 10-7 then H = 5,6 · 103 t 0,25[J m-2 ] (4)

307

H = 250 [J m-2]

if t < 4,0 · 10-6 then H = 5,6 · 103 t 0,25 [J m-2 ] (4)

308

H = 400 [J m-2]

if t < 2,6 · 10-5 then H = 5,6 · 103 t 0,25 [J m-2] (4)

309

H = 630 [J m-2]

if t < 1,6 · 10-4 then H = 5,6 · 103 t 0,25[J m-2 ] (4)

310

H = 103 [J m-2]

if t < 1,0 · 10-3 then H = 5,6 · 103 t 0,25 [J m-2 ] (4)

311

H = 1,6·103 [J m-2]

if t < 6,7 · 10-3 then H = 5,6 · 103 t 0,25 [J m-2 ] (4)

312

H = 2,5·103 [J m-2]

if t < 4,0 · 10-2 then H = 5,6 · 103 t 0,25 [J m-2 ] (4)

313

H = 4,0·103 [J m-2]

if t < 2,6 · 10-1 then H = 5,6 · 103 t 0,25 [J m-2 ] (4)

314

H = 6,3·103 [J m-2]

if t < 1,6 · 100then H = 5,6 · 103 t 0,25 [J m-2 ] (4)

UVA

315-400

H = 5,6 ·103 t0,25 [J m-2]

Visible & IRA

400-700

7 mm

H = 1,5·10-4CE [Jm-2]

H = 2,7·104 t0,75 CE [Jm-2]

H = 5·10-3 CE [Jm-2]

H = 18 · t0,75 CE [Jm-2]

700-1 050

H = 1,5·10-4 CA CE [Jm-2]

H=2,7·104 t0,75 CA CE [Jm-2]

H = 5·10-3 CA CE [Jm-2]

H = 18 · t0,75 CA CE [Jm-2]

1 050-1 400

H = 1,5·10-3 CC CE [Jm-2]

H =2,7·105 t0,75 CC CE [Jm-2]

H = 5·10-2 CC CE [Jm-2]

H = 90 · t0,75 CC CE [Jm-2]

IRB & IRC

1 400-1 500

 (2)

E = 1012 [W m-2] (3)

H = 103 [Jm-2]

H=5,6·103 · t0,25 [Jm-2]

1 500-1 800

E = 1013 [W m-2] (3)

H = 104 [Jm-2]

1 800-2 600

E = 1012 [W m-2] (3)

H = 103 [Jm-2]

H=5,6·103 · t0,25 [Jm-2]

2 600-106

E = 1011 [W m-2] (3)

H=100 [Jm-2]

H = 5,6·103 · t0,25 [Jm-2]


Table 2.3

Exposure limit values for laser exposure to the eye - Long exposure duration ≥ 10 s

Wavelength (5) [nm]

Aperture

Duration [s]

101 — 102

102 — 104

104 — 3 · 104

UVC

180-280

3,5 mm

H = 30 [J m-2]

UVB

280-302

303

H = 40 [J m-2]

304

H = 60 [J m-2]

305

H = 100 [J m-2]

306

H = 160 [J m-2]

307

H = 250 [J m-2]

308

H = 400 [J m-2]

309

H = 630 [J m-2]

310

H = 1,0 103 [J m-2]

311

H = 1,6 103 [J m-2]

312

H = 2,5 103 [J m-2]

313

H = 4,0 103 [J m-2]

314

H = 6,3 103 [J m-2]

UVA

315-400

H = 104 [J m-2]

Visible

400 — 700

400 — 600

Photochemical (6)

Retinal damage

7 mm

H = 100 CB [Jm-2]

(γ = 11 mrad) (8)

E = 1CB [Wm-2]; (γ = 1,1 t0,5 mrad) (8)

E = 1CB [Wm-2]

(γ = 110 mrad) (8)

400 — 700

Thermal (6)

Retinal damage

if α < 1,5 mrad

then E = 10 [W m-2]

if α > 1,5 mrad and t ≤ T2

then H = 18 CE t0,75 [J m-2]

if α > 1,5 mrad and t > T2

then E = 18 CE T2-0,25 [W m-2]

IRA

700-1 400

7 mm

if α < 1,5 mrad

then E = 10 CA CC [W m-2]

if α > 1,5 mrad and t ≤ T2

then H = 18 CA CC CE t0,75 [J m-2]

if α > 1,5 mrad and t > T2

then E = 18 CA CC CE T2-0,25 [W m-2] (not to exceed 1 000 W m-2)

IRB & IRC

1 400-106

 (7)

E = 1 000 [Wm-2]


Table 2.4

Exposure limit values for laser exposure of skin

Wavelength (9) [nm]

Aperture

Duration [s]

< 10-9

10-9 — 10-7

10-7 — 10-3

10-3 — 101

101 — 103

103 — 3 · 104

UV

(A, B, C)

180-400

3,5 mm

E = 3 · 1010 [W m-2]

Same as Eye Exposure Limits

Visible

& IRA

400-700

3,5 mm

E = 2 · 1011 [W m-2]

H = 200 CA

[J m-2]

H = 1,1 · 104 CA t 0,25

[J m-2]

E = 2 · 103 CA [W m-2]

700-1 400

E = 2 · 1011 CA [W m-2]

IRB & IRC

1 400-1 500

E = 1012 [W m-2]

Same as Eye Exposure Limits

1 500-1 800

E = 1013 [W m-2]

1 800-2 600

E = 1012 [W m-2]

2 600-106

E = 1011 [W m-2]


Table 2.5

Applied correction factors and other calculation parameters

Parameter aslisted in ICNIRP

Valid spectral range

(nm)

Value

CA

λ < 700

CA = 1,0

700-1 050

CA = 100,002(λ — 700)

1 050-1 400

CA = 5,0

CB

400-450

CB = 1,0

450-700

CB = 100,02(λ — 450)

CC

700-1 150

CC = 1.0

1 150-1 200

CC = 100,018(λ — 1150)

1 200-1 400

CC = 8,0

T1

λ < 450

T1 = 10 s

450-500

T1 = 10 · [100,02 ( λ — 450)] s

λ > 500

T1 = 100 s

Parameter as listed in ICNIRP

Valid for biological effect

Value

αmin

all thermal effects

αmin = 1,5 mrad

Parameter as listed in ICNIRP

Valid angular range

(mrad)

Value

CE

α < αmin

CE = 1,0

αmin < α < 100

CE = α/αmin

α > 100

CE = α2/(αmin · αmax) mrad

with αmax = 100 mrad

T2

α < 1,5

T2 = 10 s

1,5 < α < 100

T2 = 10 · [10(α — 1,5)/98,5] s

α > 100

T2 = 100 s

Parameter as listed in ICNIRP

Valid exposure time range

(s)

Value

γ

t ≤ 100

γ = 11 [mrad]

100 < t < 104

γ = 1,1 t 0, 5 [mrad]

t > 104

γ = 110 [mrad]

Table 2.6

Correction for repetitive exposure

Each of the following three general rules should be applied to all repetitive exposures as occur from repetitively pulsed or scanning laser systems:

1.

The exposure from any single pulse in a train of pulses shall not exceed the exposure limit value for a single pulse of that pulse duration.

2.

The exposure from any group of pulses (or sub-group of pulses in a train) delivered in time t shall not exceed the exposure limit value for time t.

3.

The exposure from any single pulse within a group of pulses shall not exceed the single-pulse exposure limit value multiplied by a cumulative-thermal correction factor Cp=N-0,25, where N is the number of pulses. This rule applies only to exposure limits to protect against thermal injury, where all pulses delivered in less than Tmin are treated as a single pulse.

Parameter

Valid spectral range (nm)

Value

Tmin

315 < λ ≤ 400

Tmin = 10-9 s

(= 1 ns)

400 < λ ≤ 1 050

Tmin = 18 · 10-6 s

(= 18 μs)

1 050 < λ ≤ 1 400

Tmin = 50 · 10-6 s

(= 50 μs)

1 400 < λ ≤ 1 500

Tmin = 10-3 s

(= 1 ms)

1 500 < λ ≤ 1 800

Tmin = 10 s

 

1 800 < λ ≤ 2 600

Tmin = 10-3 s

(= 1 ms)

2 600 < λ ≤ 106

Tmin = 10-7 s

(= 100 ns)

(1)  If the wavelength of the laser is covered by two limits, then the more restrictive applies.

(2)  When 1 400≤λ<105 nm: aperture diameter = 1 mm for t ≤ 0,3 s and 1,5 t0,375 mm for 0,3 s < t < 10 s; when 105≤λ<106 nm: aperture diameter = 11 mm.

(3)  Due to lack of data at these pulse lengths, ICNIRP recommends the use of the 1 ns irradiance limits.

(4)  The table states values for single laser pulses. In case of multiple laser pulses, then the laser pulse durations of pulses falling within an interval Tmin (listed in table 2.6) must be added up and the resulting time value must be filled in for t in the formula: 5,6 · 103 t0,25

(5)  If the wavelength or another condition of the laser is covered by two limits, then the more restrictive applies.

(6)  For small sources subtending an angle of 1,5 mrad or less, the visible dual limits E from 400 nm to 600 nm reduce to the thermal limits for 10s≤ t<T1 and to photochemical limits for longer times. For T1 and T2 see Table 2.5. The photochemical retinal hazard limit may also be expressed as a time integrated radiance G = 106 CB [J m-2 sr-1] for t > 10s up to t = 10 000 s and L = 100 CB [W m-2 sr-1] for t > 10 000 s. For the measurement of G and L γm must be used as averaging field of view. The official border between visible and infrared is 780 nm as defined by the CIE. The column with wavelength band names is only meant to provide better overview for the user. (The notation G is used by CEN; the notation Lt is used by CIE; the notation LP is used by IEC and CENELEC.)

(7)  For wavelength 1 400 — 105 nm: aperture diameter = 3,5 mm; for wavelength 105 — 106 nm: aperture Diameter = 11 mm

(8)  For measurement of the exposure value the consideration of γ is defined as follows: If α (angular subtense of a source) > γ (limiting cone angle, indicated in brackets in the corresponding column) then the measurement field of view γm should be the given value of γ. (If a larger measurement field of view is used, then the hazard would be overestimated).

If α < γ then the measurement field of view γm must be large enough to fully enclose the source but is otherwise not limited and may be larger than γ.

(9)  If the wavelength or another condition of the laser is covered by two limits, then the more restrictive applies.

STATEMENT OF THE COUNCIL'S REASONS

I.   INTRODUCTION

On 8 February 1993 the Commission submitted to the Council, on the basis of Article 118a of the Treaty establishing the European Community, a proposal for a Council Directive on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents.

The proposal was intended to supplement Directive 89/391/EEC by explaining the way in which some of its provisions were to apply in the specific case of exposure to physical agents.

The European Parliament and the Economic and Social Committee delivered their opinions on 20 April 1994 and 30 June 1993 respectively. The European Parliament confirmed its first reading on 16 September 1999 (1).

The Commission submitted an amended proposal on 8 July 1994.

Following the entry into force of the Amsterdam Treaty, the legal basis changed from ex-Article 118a to Article 137(2), which provides for codecision with the European Parliament and consultation of the Economic and Social Committee and the Committee of the Regions.

The Committee of the Regions stated in a letter dated 13 January 2000 that it would not be submitting an opinion on the proposal for a directive.

The main feature of the proposal was that it combined in a single instrument four types of physical agents (noise, mechanical vibration, optical radiation and electromagnetic fields), each of which would have been the subject of a separate annex.

Given the very different characteristics of the four physical agents, it was decided in 1999 to proceed on the basis of separate Directives. The Directives on vibration, noise and electromagnetic fields have already been adopted. The Council then decided to concentrate on optical radiation, the fourth and last element.

The Council adopted a Common Position on 18 April 2005, in accordance with the procedure laid down in Article 251 of the Treaty.

II.   OBJECTIVE

The proposal for a Directive, following the splitting of the original proposal, aims to help improve protection of the health and safety of workers from risks arising from exposure to optical radiation.

III.   ANALYSIS OF THE COMMON POSITION

1.   General observations

According to Article 137(1) of the Treaty ‘the Community shall support and complement the activities of the Member States in (…) improvement in particular of the working environment to protect workers' health and safety;’ etc.

Article 137(2) of the Treaty states that the Council: ‘may adopt, by means of directives, minimum requirements for gradual implementation, having regard to the conditions and technical rules obtaining in each of the Member States’.

The Council Common Position is in accordance with the objectives of Article 137(2) of the Treaty in the area covered, since it is designed to introduce minimum requirements to protect the health and safety of workers from the risks arising from exposure to optical radiation.

Furthermore, the Common Position respects the objectives put forward by the Commission and supported by Parliament, despite having a different structure as a result of the original proposal being split. It includes several of the amendments resulting from Parliament's first reading of the Commission's proposal.

2.   Structure and key elements

2.1.   General structure

The general structure of the Common Position, for instance the introduction of exposure limit values, the articles on worker information and training, consultation and participation and the miscellaneous provisions, closely follows the provisions of the Directives on vibration, noise and electromagnetic fields. This is also in line with the general structure of the Commission's amended proposal.

According to Article 1, the Common Position refers to risks to the health and safety of workers due to adverse effects caused by exposure to optical radiation to the eyes and to the skin. No distinction is drawn between long-term and short-term effects, since the scope of the Directive covers both acute and chronic adverse health effects. For example, this reflects the reality that excessive exposure to ultraviolet radiation can cause long term effects, such as skin melanomas.

2.2.   The exposure limit values

The Common Position is based on the introduction of exposure limit values (ELVs) as defined in Article 2 and set out in the tables in the Annexes according to Article 3. These values are essentially based on the recommendations established by the International Commission on non-ionising radiation protection (ICNIRP). In the domains where no values have been drawn up by ICNIRP, values established by the International Electrotechnical Commission (IEC) were used. These scientifically-based guidelines, which are conservatively based, are designed to prevent the acute and long-term effects to the eyes and the skin that can occur at extremely high levels of exposure. The ELVs prescribed in the ICNIRP Guidelines correspond to those developed by other independent scientific advisory bodies that work in this area, notably the American Conference of Governmental Industrial Hygienists (ACGIH), the (UK) National Radiological Protection Board (NRPB) and the Health Council of the Netherlands (Gezondheidsraad).

The ELVs for non-coherent radiation, other than that emitted by natural sources of optical radiation, are as set out in Annex I and the ELVs for laser radiation are as set out in Annex II.

The application of ELVs and engineering controls are not deemed appropriate in the case of exposure to natural sources of optical radiation, and therefore preventive measures, including information and training for workers, are critical in the assessment of risk and the reduction of exposure risks due to natural sources of optical radiation (sun, volcanic activity, natural fires, lightning, etc.).

2.3.   Determination of exposure and assessment of risks

Key elements of the Common Position are the provisions on the determination of exposure and assessment of risks in Article 4. Important elements of the risk assessment to which the employer shall give particular attention are, inter alia, workers belonging to particularly sensitive risk groups and multiple sources of exposure (Article 4(4)).

Article 4(1) stipulates that the employer shall assess and, if necessary, measure and/or calculate the levels of exposure to optical radiation. The article includes instructions concerning the methodology to be applied: if available, the standards and recommendations of IEC, CIE or CEN (2) should be used and, if these are not available, national or international science-based guidelines should be followed. In order to avoid unnecessary repetition, the assessment may take account of data provided by the manufacturers of the equipment where it is covered by a relevant Community Directive.

2.4.   Action to be taken when a risk has been established

The aim of the Common Position is to eliminate or reduce to a minimum risks arising from exposure to optical radiation. Article 5(2) refers to workers exposed to artificial sources of optical radiation and Article 5(3) to workers exposed to natural sources of optical radiation. In both cases, the employer shall devise and implement an action plan comprising technical and/or organisational measures.

In case of artificial sources, Article 5(2) refers, inter alia, to other working methods, the choice of equipment, technical reduction methods or the design and layout of workplaces as particular elements of such an action plan. Following on from the concept of exposure limit values, Article 5(5) clearly states that workers shall not be exposed above the ELVs. If the ELVs are nevertheless exceeded, the employer shall take immediate action to reduce exposure below them, identify the reasons why the ELVs have been exceeded and shall amend the protection and prevention measures in order to prevent any re-occurrence of such an incident.

A further obligation that arises when a risk has been established is the identification, indication by appropriate signs and limitation of access to the areas concerned (Article 5(4)).

Compliance with the exposure limit values in respect of artificial optical sources and a systematic observance of a precautionary approach to natural sources are likely to provide a high level of protection against any possible adverse effects.

2.5.   Main differences from the Commission's amended proposal

The main differences between the Common Position and the Commission's amended proposal concern:

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the new structure due to the fact that optical radiation is dealt with in a specific directive,

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the restructuring and redefinition of the exposure limit values, including the deletion of the action values and the threshold levels,

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the tables and provisions in the Annexes, which closely follow the ICNIRP recommendations;

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the references to standards, recommendations and science-based guidelines for the assessment, measurement and calculation of the levels of exposure to artificial sources of optical radiation in the context of the risk assessment,

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the abolition of the requirement to consider certain activities as presenting an increased risk and to declare them to the responsible authority,

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the granting to outdoor workers of the same level of protection as indoor workers.

3.   The European Parliament's amendments in first reading

As the Common Position only covers optical radiation, several of the European Parliament's amendments do not fall into this context. Therefore only the following amendments had to be taken into consideration before the Common Position was adopted: 1, 4 to 21, 25, 27, and 34 to 36.

3.1.   European Parliament amendments adopted by the Council

Amendments 1, 5, 9, 14, 16 and 25 were taken up in their entirety, if not word-for-word at least in spirit, in the Common Position.

In addition, Amendment 4 was partly taken up in Article 2(e). However, instead of the text of Amendment 4, the Council preferred to state that compliance with the exposure limit values will ensure that workers are protected against all known adverse health effects.

Amendment 10 is reflected in spirit in the text of Article 5(6), even though the Council did not consider it appropriate to refer to an exclusive aim of preventive measures for particularly sensitive risk groups.

Amendment 12 was accepted in spirit in Article 5(1), where the Common Position now refers to the elimination or reduction to a minimum of the exposure.

Amendment 13 was partly accepted in Article 5(5). The Council saw no need to refer specifically to collective measures, as the employer has to take into account all possible prevention measures when he takes action to reduce exposure below the exposure limit values.

Amendment 17 was accepted in spirit in Article 4(4)(f), which includes a list of a variety of possible indirect effects of exposure to optical radiation.

3.2.   European Parliament's amendments not adopted by the Council

The Council did not consider it advisable to include amendments 6, 7, 8, 11, 15, 18, 19, 20, 21, 27, 34, 35, and 36 in its Common Position, for the following reasons:

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there was no need for a threshold level or an action value as included in the Commission's amended proposal and in amendments 6 and 7, since the respect of the exposure limits as recommended by ICNIRP already guarantees that there are no known adverse health effects. There are few areas in occupational health as thoroughly researched as optical radiation, or where there is such widespread agreement among national and international health advisory authorities concerning safe levels of exposure,

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amendment 8 was not adopted because there is no need for a separate definition of 'assessment' apart from the provisions on assessment in Article 4,

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amendment 11 was not accepted because what needs to be assessed according to Article 4 is the risk to the health of the worker and not the level of exposure,

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amendment 15 concerning health surveillance was not adopted as the Council preferred a general reference to Article 14 of the Framework-Directive 89/391/EEC, instead of having an excessively binding obligation on workers. However, Article 8 of the Common Position includes a number of provisions concerning arrangements for health surveillance,

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amendments 18, 19 and 20 were redundant as the Common Position does not include a special provision for derogation or exemptions,

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the Council considered the standard provision in Article 11 on a Committee to assist the Commission to be appropriate and therefore did not accept amendment 21,

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amendment 27 was redundant as the Common Position does not include a special provision for hazardous activities,

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amendments 34, 35 and 36 were not adopted as the Annexes had been restructured in line with the ICNIRP Recommendations.

IV.   CONCLUSION

The Council considers that, as a whole, the Common Position is in line with the fundamental objectives of the Commission's amended proposal. The Council also considers that, having regard to the preparation of separate texts in respect of each of the four physical agents, it has taken account of the principal objectives pursued by the European Parliament in its amendments to the original Commission proposal.

(1)  OJ C 54, 25.2.2000, p. 75.

(2)  IEC: International Electrotechnical Commission

CIE: International Commission on Illumination

CEN: European Committee for Standardisation