Changes from report parliamentary committee draft to plenary report

EXPLANATORY STATEMENT

The protection of workers’ health and safety is enshrined in the Treaties and the Charter of Fundamental Rights and is a key element of an EU economy that works for people. The right to a high level of protection of health and safety at work is reflected in principle 10 of the European Pillar of Social Rights, and is fundamental for reaching the United Nations’ sustainable development goals.

No one should suffer from job related deaths, diseases or accidents. The EU occupational safety and health (OSH) legislation is therefore a major regulatory area that concerns almost 170 million workers in the EU. Policy initiatives such as the European Green Deal or the Critical Raw Material Initiative promote sustainable development, which requires a balance between environmental, economic, and social considerations. By enacting binding occupational exposure limits against carcinogens, mutagens and reprotoxic substances, workers are better protected from harm and can continue to work as safely as possible in industries that produce critical raw materials or contribute to the green economy. This, in turn, promotes a just transition by ensuring that workers’ health are not compromised at the expense of the Union’s economic and environmental goals. Protecting workers from exposure to hazardous substances also contributes to the objectives of Europe’s Beating Cancer plan.

In the new 2021-2027 OSH framework, the Union commits to new protective limit values on diisocyanates and lead, which have been identified in the 2020 chemicals strategy as some of the most harmful chemical substances to act upon.

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AddedWith this report, the European Parliament is adopting for the first time occupational limit values for diisocyanates, which is a substance essential to the green transition, while revising the limit values for lead for the first time in more than 40 years. A review mechanism is also introduced to guarantee regular revisions from now on to make sure that those limit values will be regularly updated, taking into account the latest scientific data.

Diisocyanates

Diisocyanates are used to produce polyurethane, a key material for a range of applications such as insulation in buildings and appliances, which contributes to the European Green Deal targets by reducing CO2 emissions through energy efficiency. However, Diisocyanates are hazardous chemical agents that can cause occupational asthma and dermal occupational disease – allergic reactions that can occur due to exposure to such substances. According to estimates, approximately 4.2 million workers are exposed to diisocyanates, which makes Diisocyanates one of the most common causes of occupational asthma, and more than 2.4 million companies in the EU are concerned.

Tripartite consensus on limit values.

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ChangedThe limit values (occupational exposure limit / short term exposure limit) for diisocyanates, which are now proposed for the first time at EU level, are supported by the Advisory Committee on Safety and Health at Work (ACSH), consisting of national governments and workers’ and employers’ organisations. This report therefore proposes to adopt thesethe limit values unamendedand the revision clause proposed by the ACSH unamended, in the spirit of supporting and advancing solutions that have been agreed between the social partners, jointly with the national administrations.

Lead

Lead currently has a large variety of industrial applications. Lead is an occupational reprotoxic substance that accumulates in the body due to exposure and can affect sexual function and fertility for both men and women, and the development of the foetus or offspring (developmental toxicity). Exposure to lead may result in impaired fertility, miscarriages or serious birth defects, as well as in other harmful effects such as neurotoxicity, renal toxicity, cardiovascular effects and haematological effects. Lead accounts for around half of all occupational exposures to reprotoxic substances and associated cases of reproductive ill-health. Currently, it is estimated that approximately 50 000 to 150 000 workers in the EU are exposed to lead. The current EU binding occupational exposure limit (OEL) and biological limit value (BLV) have not been updated for over 40 years.

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RemovedIn the absence of a consensus in the ACSH on the limit values for lead, this report considers it necessary to amend the Commission proposal on a number of points, especially the BLV as regards women of childbearing age.

AddedIn the absence of a consensus in the ACSH on the limit values for lead, this report supports the Commission proposal to lower the OEL from 0.15 milligrams per cubic meter (0.15mg/m3) to 0.03mg/m3 and to lower the BLV from 70 microgram per 100 millilitre of blood (70µg/100ml) to 15µg/100ml. Additionally, this report proposes a revision clause which addresses the negative impact of occupational exposure to lead on the reproductive health of female workers of childbearing age, as well as on foetal development. The revision clause should also take into account up-to-date scientific data and the classification of lead as a non-threshold reprotoxic.

RemovedWomen of childbearing age and non-discrimination

RemovedFollowing an opinion of The Committee for Risk Assessment (RAC) of the European Chemicals Agency (ECHA), the Commission has proposed to lower the BLV to 15µg Pb/100ml. However, RAC also concluded that “the BLV is not protective for the offspring of female lead-exposed workers at childbearing age”. RAC recommended that the blood-lead level in women of childbearing age should not exceed the reference values of the general population not occupationally exposed to lead in the respective EU country - and where national reference levels are not available, blood-lead levels in women of childbearing age should not exceed 4.5μg Pb/100ml, which is the maximal European reference value.

RemovedOn that background the Commission has proposed to accompany the binding BLV with a non-binding Biological Guidance Value of 4.5μg Pb/100ml for women of childbearing age. While Directive 92/85/EEC provides for the protection of the health and safety of pregnant workers in the work place, its protective measures do not apply until such workers inform their employer of their condition.

RemovedIn the Vind INI report, on a new EU strategic framework on health and safety at work post 2020 (including better protection of workers from exposure to harmful substances,

Removedstress at work and repetitive motion injuries) of 9 February 2022, the European Parliament noted that the RAC recommendation of a BLV of 15µg Pb/100ml does not protect women and especially pregnant women properly. It called on the Commission to ensure that any proposal for revised exposure limit values for lead and its compounds should establish equal protection for all workers regardless of gender.

RemovedThis report is of the opinion that a non-binding guidance value is not suitable to ensure the protection of workers’ health and safety in conditions of equality and non-discrimination, with regard in particular to female lead-exposed workers. In order to attain the Directive’s stated objective of a high level of protection of worker’s health and safety, a binding biological limit value, which offers sufficient protection for both female and male workers, is necessary.

Historical exposure

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ChangedThis report takes into account the specific situation of workers with historical exposure. Workers who have been occupationally exposed to lead over several years may already have accumulated blood-lead levels well above any new BLV. In such situations, it is not acceptable that such workers continue to be exposed and all necessary measures must be taken to ensure that the blood-levels of such workers decrease as fast as possible.

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Addedif the results of the medical surveillance reveal a blood-lead level of a worker between 15-30 μg Pb/100 ml blood and if a declining trend towards the limit value in force is established, then that worker may continue working with tasks that involve exposure to lead. Otherwise, the responsible authority shall ensure that the worker is no longer exposed to lead. Additionally, this report calls on the Commission to develop guidelines, in consultation with the ACSH, as regards historical occupational exposure to lead with a view to increasing the protection and reduction of the exposure of workers whose blood-lead levels are above the biological limit value as well as to further protect female workers of childbearing age.

AddedCombined exposure

AddedIn order to ensure a comprehensive level of protection, it is necessary to consider the effects of combined exposure to multiple substances. In the workplace, workers are often exposed to a cocktail of hazardous substances, which can increase risks and cause adverse health effects. In the case of exposure to a combination of substances acting by the same mode of action or at the same target cell or tissue, it is necessary to adapt the implementation of their possible limit values to take into account the combined effects. This report calls on the Commission to prepare Union guidelines on how the implementation of those limit values are to be adapted in the case of exposure to a combination of substances.

AddedDefinition of carcinogenic occupations

AddedDue to unpredictable exposure to certain substances, a mix of substances or constraints in the organisation of work, some occupations should be considered to be carcinogenic per se. This report calls on the Commission to develop a definition of ‘carcinogenic occupations’ and assess the appropriateness to include such occupations in the scope of the CMRD Directive.

AddedEndocrine disruptors and additional substances

AddedThis reports invites the Commission to extend the scope of the CMRD directive to endocrine disruptors that can lead to certain disorders in humans, such as birth defects, developmental, reproductive or neurodevelopmental disorders, cancer, diabetes and obesity. This report is also calling on adding new substances in the framework of the CMRD directive, such as lithium welding fumes and leather dust as well as to establish a limit value for cobalt and inorganic cobalt compounds.

AddedInformal work

AddedA high exposure to risks, including harmful substances, combined with a low level of social protection place most informal economy workers in a very vulnerable situation. Preventive measures, in the form of occupational health and safety management systems and a general safety culture, to reduce risks at work often do not reach the informal economy. This report calls on the full enforcement of the CMRD and CAD directives in order to ensure safe working conditions and environments as well as equal treatment of workers across sectors.