Exposure to artificial optical radiation

SUMMARY OF:

Directive 2006/25/EC on the minimum health and safety requirements regarding the exposure of workers to risks arising from physical agents (artificial optical radiation)

WHAT IS THE AIM OF THE DIRECTIVE?

The exposure of workers to artificial optical radiation such as ultraviolet radiation, laser radiation or non-coherent radiation* during their work can have chronic adverse effects on their eyes and skin. The directive aims to eliminate or reduce to a minimum the level of exposure of workers to this radiation by introducing preventive measures.
It also sets exposure limit values for workers exposed to non-coherent radiation and laser radiation (Annexes I and II).

KEY POINTS

Employers’ obligations

Assessment of the level of radiation. Employers must firstly assess or measure the levels of optical radiation to which employees are exposed so that these can be reduced if they exceed the applicable limits. If necessary, they shall measure or calculate the exposure levels on the basis of the standards of the International Electrotechnical Commission (IEC), the International Commission on Illumination (CEI) and the European Committee for Standardisation (CEN) or, failing that, using available national or international science-based guidelines.
Reduction of the risks. Secondly, employers must reduce the level of radiation if the assessment indicates any possibility that the exposure limit values have been exceeded, for example by choosing different equipment or limiting the duration of exposure.
Worker information and training. Employers must provide their workers or their representatives with the necessary information and training, for example in the measures taken to implement the directive or in the use of protective equipment.
Consultation and participation of workers. Employers must consult workers or their representatives in advance with regard to the protection of the safety and health of workers. Worker representatives may propose measures to improve this protection and workers and/or their representatives may even appeal to the competent authorities if they consider that the health protection offered by the employer is not adequate (in accordance with framework Directive 89/391/EEC — see summary and the background section below).

Health surveillance

In case of exposure to artificial optical radiation, workers’ health is subject to appropriate surveillance carried out by a doctor, in accordance with the relevant national legislation.
Health records are made for each worker and updated after each health check. Individual workers shall have access to their own personal health records on request.

Exceeding of limit values and/or harmful effects

In the event of exposure exceeding the limit values, a medical examination shall be made available to the workers. If the limit values have been exceeded and/or the workers have suffered harmful effects to their health:

the workers are informed by the doctor or qualified person of the results relating to them personally and of any health surveillance they should undergo following the end of exposure;
the employer reviews the risk assessment and the measures taken, implements the measures recommended by the competent persons and arranges a continued health surveillance system.

Penalties

European Union (EU) Member States must provide for appropriate penalties if the national rules adopted pursuant to this directive have been infringed.

Delegated acts

Regulation (EU) 2019/1243 amends Directive 2006/25/EC (Article 10) giving the European Commission powers to adopt delegated acts as of 26 July 2019.
These delegated acts would relate to strictly technical amendments to the annexes to the directive, to take account of technical harmonisation and standardisation with regard to the design, building, manufacture or construction of work equipment or workplaces, technical progress, changes in harmonised EU standards or international specifications and new scientific findings concerning occupational exposure to optical radiation. However, those amendments cannot result in a modification of the exposure limit values set out in the annexes.

FROM WHEN DOES THE DIRECTIVE APPLY?

It has applied since 27 April 2006 and Member States had to transpose it by 27 April 2010.

BACKGROUND

Directive 2006/25/EC is part of a ‘package’ of four directives regarding the exposure of workers to the risks arising from physical agents, the other three being Directive 2003/10/EC on noise (see summary), Directive 2002/44/EC on mechanical vibration (see summary), and Directive 2004/40/EC on electromagnetic fields (repealed and replaced by Directive 2013/35/EU — see summary).
It is an individual directive of framework Directive 89/391/EEC on the introduction of measures to encourage improvements in the safety and health of workers at work.
For further information, see:
- Health and safety at work (European Commission)
- Areas of activity (European Commission)
- Directive 2006/25/EC — artificial optical radiation (European Agency for Safety and Health at Work).

KEY TERMS

Non-coherent radiation. Any optical radiation other than laser radiation.

MAIN DOCUMENT

Directive 2006/25/EC of the European Parliament and of the Council of 5 April 2006 on the minimum health and safety requirements regarding the exposure of workers to risks arising from physical agents (artificial optical radiation) (19th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (OJ L 114, 27.4.2006, pp. 38–59).

Successive amendments to Directive 2006/25/EC have been incorporated in the original text. This consolidated version is of documentary value only.