Directive 2004/40/EC of the European Parliament and of the Council (repealed)Show full title

Article 4 Determination of exposure and assessment of risks

1. In carrying out the obligations laid down in Articles 6(3) and 9(1) of Directive 89/391/EEC, the employer shall assess and, if necessary, measure and/or calculate the levels of electromagnetic fields to which workers are exposed. Assessment, measurement and calculation may, until harmonised European standards from CENELEC cover all relevant assessment, measurement and calculation situations, be carried out in accordance with the scientifically-based standards and guidelines referred to in Article 3 and, when relevant, by taking into account the emission levels provided by the manufacturers of the equipment when it is covered by the relevant Community Directives.

2. On the basis of the assessment of the levels of electromagnetic fields undertaken in accordance with paragraph 1, if the action values referred to in Article 3 are exceeded, the employer shall assess and, if necessary, calculate whether the exposure limit values are exceeded.

3. The assessment, measurement and/or calculations referred to in paragraphs 1 and 2 need not be carried out in workplaces open to the public provided that an evaluation has already been undertaken in accordance with the provisions of Council Recommendation 1999/519/EC of 12 July 1999 on the limitation of exposure of the general public to electromagnetic fields (O Hz to 300 GHz)(1), and the restrictions as specified therein are respected for workers and safety risks are excluded.

4. The assessment, measurement and/or calculations referred to in paragraphs 1 and 2 shall be planned and carried out by competent services or persons at suitable intervals, taking particular account of the provisions of Article 7 and Article 11 of Directive 89/391/EEC concerning the necessary competent services or persons and the consultation and participation of workers. The data obtained from the assessment, measurement and/or calculation of the level of exposure shall be preserved in a suitable form so as to permit consultation at a later stage.

5. Pursuant to Article 6(3) of Directive 89/391/EEC, the employer shall give particular attention, when carrying out the risk assessment, to the following:

(a) the level, frequency spectrum, duration and type of exposure;

(b) the exposure limit values and action values referred to in Article 3 of this Directive;

(c) any effects concerning the health and safety of workers at particular risk;

(d) any indirect effects, such as:

(i)

interference with medical electronic equipment and devices (including cardiac pacemakers and other implanted devices);

(ii)

the projectile risk from ferromagnetic objects in static magnetic fields with a magnetic flux density greater than 3 mT;

(iii)

initiation of electro-explosive devices (detonators);

(iv)

fires and explosions resulting from ignition of flammable materials by sparks caused by induced fields, contact currents or spark discharges;

(e) the existence of replacement equipment designed to reduce the levels of exposure to electromagnetic fields;

(f) appropriate information obtained from health surveillance, including published information, as far as possible;

(g) multiple sources of exposure;

(h) simultaneous exposure to multiple frequency fields.

6. The employer shall be in possession of an assessment of the risk in accordance with Article 9(l)(a) of Directive 89/391/EEC and shall identify which measures must be taken in accordance with Articles 5 and 6 of this Directive. The risk assessment shall be recorded on a suitable medium, according to national law and practice; it may include a justification by the employer that the nature and extent of the risks related to electromagnetic fields make a further detailed risk assessment unnecessary. The risk assessment shall be updated on a regular basis, particularly if there have been significant changes which could render it out of date, or when the results of health surveillance show it to be necessary.

(1)

OJ L 199, 30.7.1999, p. 59.