Exposure to artificial optical radiation

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.