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Document 02009L0148-20190726
Directive 2009/148/EC of the European Parliament and of the Council of 30 November 2009 on the protection of workers from the risks related to exposure to asbestos at work (codified version) (Text with EEA relevance)Text with EEA relevance
Consolidated text: Directive 2009/148/EC of the European Parliament and of the Council of 30 November 2009 on the protection of workers from the risks related to exposure to asbestos at work (codified version) (Text with EEA relevance)Text with EEA relevance
Directive 2009/148/EC of the European Parliament and of the Council of 30 November 2009 on the protection of workers from the risks related to exposure to asbestos at work (codified version) (Text with EEA relevance)Text with EEA relevance
02009L0148 — EN — 26.07.2019 — 001.001
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DIRECTIVE 2009/148/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 30 November 2009 on the protection of workers from the risks related to exposure to asbestos at work (codified version) (OJ L 330 16.12.2009, p. 28) |
Amended by:
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Official Journal |
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No |
page |
date |
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REGULATION (EU) 2019/1243 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 June 2019 |
L 198 |
241 |
25.7.2019 |
DIRECTIVE 2009/148/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 30 November 2009
on the protection of workers from the risks related to exposure to asbestos at work
(codified version)
(Text with EEA relevance)
Article 1
It lays down the limit values for this exposure, as well as other specific requirements.
Article 2
For the purposes of this Directive, ‘asbestos’ means the following fibrous silicates:
asbestos actinolite, CAS No 77536-66-4 ( 1 );
asbestos grunerite (amosite), CAS No 12172-73-5 (1) ;
asbestos anthophyllite, CAS No 77536-67-5 (1) ;
chrysotile, CAS No 12001-29-5 (1) ;
crocidolite, CAS No 12001-28-4 (1) ;
asbestos tremolite, CAS No 77536-68-6 (1) .
Article 3
Provided that worker exposure is sporadic and of low intensity, and if it is clear from the results of the risk assessment referred to in paragraph 2 that the exposure limit for asbestos will not be exceeded in the air of the working area, Articles 4, 18 and 19 may be waived where the work involves:
short, non-continuous maintenance activities in which only non-friable materials are handled;
removal without deterioration of non-degraded materials in which the asbestos fibres are firmly linked in a matrix;
encapsulation or sealing of asbestos-containing materials which are in good condition;
air monitoring and control, and the collection of samples to ascertain whether a specific material contains asbestos.
Article 4
The notification must include at least a brief description of:
the location of the worksite;
the type and quantities of asbestos used or handled;
the activities and processes involved;
the number of workers involved;
the starting date and duration of the work;
measures taken to limit the exposure of workers to asbestos.
Article 5
The application of asbestos by means of the spraying process and working procedures that involve using low-density (less than 1 g/cm3) insulating or soundproofing materials which contain asbestos shall be prohibited.
Without prejudice to the application of other Community provisions on the marketing and use of asbestos, activities which expose workers to asbestos fibres during the extraction of asbestos or the manufacture and processing of asbestos products or the manufacture and processing of products containing intentionally added asbestos shall be prohibited, with the exception of the treatment and disposal of products resulting from demolition and asbestos removal.
Article 6
For all activities referred to in Article 3(1), the exposure of workers to dust arising from asbestos or materials containing asbestos at the place of work must be reduced to a minimum and in any case below the limit value laid down in Article 8, in particular through the following measures:
the number of workers exposed or likely to be exposed to dust arising from asbestos or materials containing asbestos must be limited to the lowest possible figure;
work processes must be designed so as not to produce asbestos dust or, if that proves impossible, to avoid the release of asbestos dust into the air;
all premises and equipment involved in the treatment of asbestos must be capable of being regularly and effectively cleaned and maintained;
asbestos or dust-generating asbestos-containing material must be stored and transported in suitable sealed packing;
waste must be collected and removed from the place of work as soon as possible in suitable sealed packing with labels indicating that it contains asbestos; this measure shall not apply to mining activities; such waste shall then be dealt with in accordance with Council Directive 91/689/EEC of 12 December 1991 on hazardous waste ( 2 ).
Article 7
For the purpose of measuring asbestos in the air, as referred to in paragraph 1, only fibres with a length of more than 5 micrometres, a breadth of less than 3 micrometres and a length/breadth ratio greater than 3:1 shall be taken into consideration.
Article 8
Employers shall ensure that no worker is exposed to an airborne concentration of asbestos in excess of 0,1 fibres per cm3 as an 8-hour time-weighted average (TWA).
▼M1 —————
Article 10
Work may not be continued in the affected area until adequate measures have been taken for the protection of the workers concerned.
Article 11
Before beginning demolition or maintenance work, employers shall take, if appropriate by obtaining information from the owners of the premises, all necessary steps to identify presumed asbestos-containing materials.
If there is any doubt about the presence of asbestos in a material or construction, the applicable provisions of this Directive shall be observed.
Article 12
In the case of certain activities such as demolition, asbestos removal work, repairing and maintenance, in respect of which it is foreseeable that the limit value set out in Article 8 will be exceeded despite the use of technical preventive measures for limiting asbestos in air concentrations, the employer shall determine the measures intended to ensure protection of the workers while they are engaged in such activities, in particular the following:
workers shall be issued with suitable respiratory and other personal protective equipment, which must be worn;
warning signs shall be put up indicating that it is foreseeable that the limit value laid down in Article 8 will be exceeded; and
the spread of dust arising from asbestos or materials containing asbestos outside the premises or site of action shall be prevented.
The workers and/or their representatives in the undertaking or establishment shall be consulted on these measures before the activities concerned are carried out.
Article 13
The plan must in particular specify that:
asbestos and/or asbestos-containing products are to be removed before demolition techniques are applied, except where this would cause a greater risk to workers than if the asbestos and/or asbestos-containing products had been left in place;
the personal protective equipment referred to in point (a) of the first paragraph of Article 12 shall be provided, where necessary;
when the asbestos demolition or removal work has been completed, the absence of asbestos exposure risks in the workplace shall be verified in compliance with national laws and practice.
At the request of the competent authorities, the plan shall include information on the following:
the nature and probable duration of the work;
the place where the work is carried out;
the methods applied where the work involves the handling of asbestos or of materials containing asbestos;
the characteristics of the equipment used for:
protection and decontamination of those carrying out the work;
protection of other persons present on or near the worksite.
Article 14
The content of the training must be easily understandable for workers. It must enable them to acquire the necessary knowledge and skills in terms of prevention and safety, particularly as regards:
the properties of asbestos and its effects on health, including the synergistic effect of smoking;
the types of products or materials likely to contain asbestos;
the operations that could result in asbestos exposure and the importance of preventive controls to minimise exposure;
safe work practices, controls and protective equipment;
the appropriate role, choice, selection, limitations and proper use of respiratory equipment;
emergency procedures;
decontamination procedures;
waste disposal;
medical surveillance requirements.
Article 15
Before carrying out demolition or asbestos removal work, firms must provide evidence of their ability in this field. The evidence shall be established in accordance with national laws and/or practice.
Article 16
In the case of all activities referred to in Article 3(1), and subject to Article 3(3), appropriate measures shall be taken to ensure that:
the places in which the above activities take place:
are clearly demarcated and indicated by warning signs;
are not accessible to workers other than those who by reason of their work or duties are required to enter them;
constitute areas where there should be no smoking;
areas are set aside where workers can eat and drink without risking contamination by asbestos dust;
workers are provided with appropriate working or protective clothing; this working or protective clothing remains within the undertaking; it may, however, be laundered in establishments outside the undertaking which are equipped for this sort of work if the undertaking does not carry out the cleaning itself; in that event the clothing shall be transported in closed containers;
separate storage places are provided for working or protective clothing and for street clothes;
workers are provided with appropriate and adequate washing and toilet facilities, including showers in the case of dusty operations;
protective equipment is placed in a well-defined place and checked and cleaned after each use, and appropriate measures are taken to repair or replace defective equipment before further use.
Article 17
In the case of all activities referred to in Article 3(1), appropriate measures shall be taken to ensure that workers and their representatives in the undertaking or establishment receive adequate information concerning:
the potential risks to health from exposure to dust arising from asbestos or materials containing asbestos;
the existence of statutory limit values and the need for the atmosphere to be monitored;
hygiene requirements, including the need to refrain from smoking;
the precautions to be taken as regards the wearing and use of protective equipment and clothing;
special precautions designed to minimise exposure to asbestos.
In addition to the measures referred to in paragraph 1, and subject to Article 3(3), appropriate measures shall be taken to ensure that:
workers and/or their representatives in the undertaking or establishment have access to the results of asbestos-in-air concentration measurements and can be given explanations of the significance of those results;
if the results exceed the limit value laid down in Article 8, the workers concerned and their representatives in the undertaking or establishment are informed as quickly as possible of the fact and the reasons for it and the workers and/or their representatives in the undertaking or establishment are consulted on the measures to be taken or, in an emergency, are informed of the measures which have been taken.
Article 18
That assessment shall include a specific examination of the chest. Annex I gives practical recommendations to which the Member States may refer for the clinical surveillance of workers. The Commission is empowered to adopt delegated acts in accordance with Article 18a amending Annex I, to adapt it to technical progress.
Where, in duly justified and exceptional cases involving imminent, direct and serious risks to workers’ and other persons’ physical health and safety, imperative grounds of urgency require action in a very short timeframe, the procedure provided for in Article 18b shall apply to delegated acts adopted pursuant to this Article.
A new assessment must be available at least once every three years for as long as exposure continues.
An individual health record shall be established in accordance with national laws and/or practices for each worker referred to in the first subparagraph.
Those measures may include, where appropriate, the withdrawal of the worker concerned from all exposure to asbestos.
The doctor or authority responsible for the medical surveillance of workers may indicate that medical surveillance must continue after the end of exposure for as long as they consider it necessary to safeguard the health of the person concerned.
Such continuing surveillance shall be carried out in accordance with national laws and/or practice.
Article 18a
Article 18b
Article 19
Article 20
Member States shall provide for adequate penalties to be applicable in the event of infringement of national legislation adopted pursuant to this Directive. These penalties must be effective, proportionate and dissuasive.
Article 21
Member States shall keep a register of recognised cases of asbestosis and mesothelioma.
Article 22
Every 5 years, Member States shall submit to the Commission a report on the practical implementation of this Directive in the form of a specific chapter in the single report provided for in Article 17a(1), (2) and (3) of Directive 89/391/EEC, which serves as a basis for the evaluation carried out by the Commission under Article 17a(4) of that Directive.
Article 23
Member States shall communicate to the Commission the provisions of national law which they adopt in the field covered by this Directive.
Article 24
Directive 83/477/EEC, as amended by the Directives listed in Annex II, is repealed, without prejudice to the obligations of the Member States relating to the time limits for transposition into national law of the Directives set out in Annex II, Part B.
References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex III.
Article 25
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
Article 26
This Directive is addressed to the Member States.
ANNEX I
Practical recommendations for the clinical assessment of workers, as referred to in Article 18(2), second subparagraph
1. Current knowledge indicates that exposure to free asbestos fibres can give rise to the following diseases:
2. The doctor and/or authority responsible for the medical surveillance of workers exposed to asbestos must be familiar with the exposure conditions or circumstances of each worker.
3. Health examination of workers should be carried out in accordance with the principles and practices of occupational medicine. It should include at least the following measures:
The doctor and/or authority responsible for health surveillance should decide on further examinations, such as sputum cytology tests or a chest X-ray or a tomodensitometry, in the light of the latest occupational health knowledge available.
ANNEX II
PART A
Repealed Directive with list of its successive amendments
(referred to in Article 24)
Council Directive 83/477/EEC (OJ L 263, 24.9.1983, p. 25) |
|
Council Directive 91/382/EEC (OJ L 206, 29.7.1991, p. 16) |
|
Council Directive 98/24/EC (OJ L 131, 5.5.1998, p. 11) |
only Article 13(2) |
Directive 2003/18/EC of the European Parliament and of the Council (OJ L 97, 15.4.2003, p. 48) |
|
Directive 2007/30/EC of the European Parliament and of the Council (OJ L 165, 27.6.2007, p. 21) |
only Article 2(1) |
PART B
List of time limits for transposition into national law
(referred to in Article 24)
Directive |
Time limit for transposition |
83/477/EEC |
31 December 1986 (1) |
91/382/EEC |
1 January 1993 (2) |
98/24/EC |
5 May 2001 |
2003/18/EC |
14 April 2006 |
2007/30/EC |
31 December 2012 |
(1)
This date is replaced by 31 December 1989 in the case of asbestos-mining activities.
(2)
As regards the Hellenic Republic, the time limit for transposition of the Directive shall be 1 January 1996. However, the date of transposition of the provisions concerning asbestos-mining activities shall be 1 January 1996 for all the Member States and 1 January 1999 for the Hellenic Republic. |
ANNEX III
Correlation Table
Directive 83/477/EEC |
This Directive |
Article 1(1) |
Article 1(1) |
Article 1(2) |
— |
Article 1(3) |
Article 1(2) |
Article 2, first to sixth indents |
Article 2, points (a) to (f) |
Article 3(1) to (3) |
Article 3(1) to (3) |
Article 3(3a) |
Article 3(4) |
Article 3(4) |
Article 3(5) |
Article 4, introductory wording |
Article 4(1) |
Article 4, point (1) |
Article 4(2) |
Article 4, point (2) |
Article 4(3) |
Article 4, point (3) |
Article 4(4) |
Article 4, point (4) |
Article 4(5) |
Article 5 |
Article 5 |
Article 6, points (1) to (5) |
Article 6, points (a) to (e) |
Articles 7 and 8 |
Articles 7 and 8 |
Article 9(2) |
Article 9 |
Article 10 |
Article 10 |
Article 10a |
Article 11 |
Article 11(1) and (2) |
Article 12, first and second subparagraphs |
Article 12(1) |
Article 13(1) |
Article 12(2), first subparagraph |
Article 13(2), first subparagraph |
Article 12(2), second subparagraph, first indent |
Article 13(2), second subparagraph, point (a) |
Article 12(2), second subparagraph, second indent |
Article 13(2), second subparagraph, point (b) |
Article 12(2), second subparagraph, third indent |
Article 13(2), second subparagraph, point (c) |
Article 12(2), third subparagraph, first indent |
Article 13(2), third subparagraph, point (a) |
Article 12(2), third subparagraph, second indent |
Article 13(2), third subparagraph, point (b) |
Article 12(2), third subparagraph, third indent |
Article 13(2), third subparagraph, point (c) |
Article 12(2), third subparagraph, fourth indent |
Article 13(2), third subparagraph, point (d) |
Article 12(2), third subparagraph, fourth indent, first sub-indent |
Article 13(2), third subparagraph, point (d)(i) |
Article 12(2), third subparagraph, fourth indent, second sub-indent |
Article 13(2), third subparagraph, point (d)(ii) |
Article 12(3) |
Article 13(3) |
Article 12a |
Article 14 |
Article 12b |
Article 15 |
Article 13(1)(a) |
Article 16(1)(a) |
Article 13(1)(b) |
Article 16(1)(b) |
Article 13(1)(c)(i) and (ii) |
Article 16(1)(c) |
Article 13(1)(c)(iii) |
Article 16(1)(d) |
Article 13(1)(c)(iv) |
Article 16(1)(e) |
Article 13(1)(c)(v) |
Article 16(1)(f) |
Article 13(2) |
Article 16(2) |
Article 14(1), introductory wording |
Article 17(1), introductory wording |
Article 14(1), first to fifth indents |
Article 17(1)(a) to (e) |
Article 14(2) |
Article 17(2) |
Article 15, introductory wording |
Article 18(1) |
Article 15, points (1) to (4) |
Article 18(2) to (5) |
Article 16, introductory wording |
Article 19(1) |
Article 16, points (1) to (3) |
Article 19(2) to (4) |
Article 16a |
Article 20 |
Article 17 |
Article 21 |
Article 17a |
Article 22 |
Article 18(1) |
— |
Article 18(2) |
Article 23 |
— |
Article 24 |
— |
Article 25 |
Article 19 |
Article 26 |
Annex II |
Annex I |
— |
Annex II |
— |
Annex III |
( 1 ) Number in the register of the Chemical Abstract Service (CAS).
( 2 ) OJ L 377, 31.12.1991, p. 20.
( 3 ) Determination of airborne fibre concentrations. A recommended method, by phase-contrast optical microscopy (membrane filter method), WHO, Geneva 1997 (ISBN 92 4 154496 1).
( 4 ) OJ L 123, 12.5.2016, p. 1.