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)
Modified by
- Regulation (EU) 2019/1243 of the European Parliament and of the Councilof 20 June 2019adapting a number of legal acts providing for the use of the regulatory procedure with scrutiny to Articles 290 and 291 of the Treaty on the Functioning of the European Union(Text with EEA relevance), 32019R1243, July 25, 2019
- Directive (EU) 2023/2668 of the European Parliament and of the Councilof 22 November 2023amending Directive 2009/148/EC on the protection of workers from the risks related to exposure to asbestos at work, 32023L2668, November 30, 2023
(a) asbestos, actinolite, CAS No 77536-66-4;Number in the Chemical Abstract Service (CAS). (b) asbestos, amosite (grunerite), CAS No 12172-73-5; (c) asbestos, anthophyllite, CAS No 77536-67-5; (d) asbestos, chrysotile, CAS No 12001-29-5; (e) asbestos, crocidolite, CAS No 12001-28-4; (f) asbestos, tremolite, CAS No 77536-68-6.
(a) short, non-continuous maintenance activities in which only non-friable materials are handled; (b) removal without deterioration of non-degraded materials in which the asbestos fibres are firmly linked in a matrix; (c) encapsulation or sealing of asbestos-containing materials which are in good condition; (d) air monitoring and control, and the collection of samples to ascertain whether a specific material contains asbestos.
(a) the location of the worksite and, where relevant, the specific areas where the work is to be carried out; (b) the type and quantity of asbestos used or handled; (c) the activities and processes involved, including with regard to the protection and decontamination of workers, waste disposal and, where relevant, air exchange when working under confinement; (d) the number of workers involved, a list of the workers likely to be assigned to the site concerned, the workers’ individual training certificates and the date of the latest assessment of the workers’ health pursuant to Article 18; (e) the starting date and duration of the work; (f) measures taken, including an overview of the equipment used, to limit the exposure of workers to asbestos.
(a) the number of workers exposed or likely to be exposed to dust arising from asbestos or materials containing asbestos shall be limited to the lowest possible figure; (b) work processes shall be designed so as not to produce asbestos dust or, if that proves to be impossible, to avoid the release of asbestos dust into the air by taking measures such as: (i) asbestos dust suppression; (ii) the suction of asbestos dust at source; (iii) the continuous sedimentation of asbestos fibres suspended in the air;
(ba) workers shall be subject to an appropriate decontamination procedure; (bb) for work carried out under confinement, adequate protection shall be ensured; (c) all premises and equipment involved in the treatment of asbestos shall be capable of being regularly and effectively cleaned and maintained and subject to regular cleaning and maintenance; (d) asbestos or dust-generating materials containing asbestos shall be stored and transported in suitable sealed packing; (e) waste, other than waste arising from mining activities, shall be collected and removed from the place of work as soon as possible in suitable sealed packing with labels indicating that it contains asbestos and shall then be dealt with in accordance with Directive 2008/98/EC of the European Parliament and of the Council .Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3 ).
(a) 0,01 fibres per cm 3 as an 8-hour TWA in accordance with Article 7(7), second subparagraph; or(b) 0,002 fibres per cm 3 as an 8-hour TWA.
(a) workers shall be issued with suitable personal protective equipment to be worn, which shall be appropriately handled and, in particular with regard to respiratory equipment, which shall be individually adjusted, including through fitting checks, in accordance with Council Directive 89/656/EEC ;Council Directive 89/656/EEC of 30 November 1989 on the minimum health and safety requirements for the use by workers of personal protective equipment at the workplace (third individual directive within the meaning of Article 16(1) of Directive 89/391/EEC) (OJ L 393, 30.12.1989, p. 18 ).(b) warning signs shall be put up indicating that it is foreseeable that the limit value laid down in Article 8 will be exceeded; and (c) the spread of dust arising from asbestos or materials containing asbestos outside the premises or site of action shall be prevented, and for work performed under confinement, the enclosure shall be airtight and under mechanical extraction ventilation.
(a) 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; (b) the personal protective equipment referred to in point (a) of the first paragraph of Article 12 shall be provided, where necessary; (c) when the demolition or asbestos removal work has been completed, the absence of risks of exposure to asbestos at the place of work shall be verified in accordance with national law and practice before other activities resume.
(a) the nature and probable duration of the work; (b) the place where the work is carried out; (c) the methods applied where the work involves the handling of asbestos or of materials containing asbestos; (d) the characteristics of the equipment used for: (i) protection and decontamination of those carrying out the work; (ii) protection of other persons present on or near the worksite.
(a) the places in which the above activities take place: (i) are clearly demarcated and indicated by warning signs; (ii) are not accessible to workers other than those who by reason of their work or duties are required to enter them; (iii) constitute areas where there should be no smoking;
(b) areas are set aside where workers can eat and drink without risking contamination by asbestos dust; (c) 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; (d) separate storage places are provided for working or protective clothing and for street clothes; (e) workers are provided with appropriate and adequate washing and toilet facilities, including showers in the case of dusty operations; (f) 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.
(a) the potential risks to health from exposure to dust arising from asbestos or materials containing asbestos; (b) the existence of statutory limit values and the need for the atmosphere to be monitored; (c) hygiene requirements, including the need to refrain from smoking; (d) the precautions to be taken as regards the wearing and use of protective equipment and clothing; (e) special precautions designed to minimise exposure to asbestos.
(a) 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; (b) 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.
asbestosis, mesothelioma, lung carcinoma, gastro-intestinal carcinoma, carcinoma of the larynx, carcinoma of the ovary, non-malignant pleural diseases.
keeping records of a worker’s medical and occupational history, a personal interview, a general clinical examination, with particular reference to the chest, lung function tests (respiratory flow volumes and rates).
(1) The training shall be provided at the start of an employment relationship and whenever additional training needs are identified. (2) The length of the training shall be adequate in relation to the tasks of the workers concerned. (3) The training shall be provided by an instructor whose qualification is recognised in accordance with national law and practice. (4) Every worker who has attended training in a satisfactory manner shall receive a training certificate indicating all of the following: (a) the date of the training; (b) the duration of the training; (c) the content of the training; (d) the language of the training; (e) the name, qualification, and contact details of the instructor, or the institution providing the training, or both.
(5) Workers who are, or are likely to be, exposed to dust from asbestos or materials containing asbestos shall receive theoretical and practical training concerning at least the following: (a) the applicable law of the Member State in which the work is carried out; (b) the properties of asbestos and its effects on health, including the synergistic effect of smoking; (c) the types of product or material likely to contain asbestos; (d) the operations that could result in exposure to asbestos and the importance of preventive controls to minimise such exposure; (e) safe working practices, controls and protective equipment; (f) the appropriate role, choice, selection, limitations and proper use of protective equipment, with particular regard to respiratory equipment; (g) emergency procedures; (h) decontamination procedures; (i) waste disposal; (j) medical surveillance requirements.
The training shall be adapted as closely as possible to the characteristics of the profession of the workers and the specific tasks and working methods of that profession. (6) Workers who engage in demolition or asbestos removal work shall be required to receive training in addition to the training provided for pursuant to point (5) regarding the use of technological equipment and machines to contain the release and spread of asbestos fibres during work processes, in accordance with this Directive.
only Article 13(2) | |
only Article 2(1) |
Directive | Time limit for transposition |
---|---|
83/477/EEC | |
91/382/EEC | |
98/24/EC | |
2003/18/EC | |
2007/30/EC |
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 |
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