Directive 2013/35/EU of the European Parliament and of the CouncilShow full title

Article 3 Exposure limit values and action levels

1. Physical quantities regarding exposure to electromagnetic fields are indicated in Annex I. Health effects ELVs, sensory effects ELVs and ALs are set out in Annexes II and III.

2. Member States shall require that employers ensure that the exposure of workers to electromagnetic fields is limited to the health effects ELVs and sensory effects ELVs set out in Annex II, for non-thermal effects, and in Annex III, for thermal effects. Compliance with health effects ELVs and sensory effects ELVs must be established by the use of relevant exposure assessment procedures referred to in Article 4. Where the exposure of workers to electromagnetic fields exceeds the ELVs, the employer shall take immediate action in accordance with Article 5(8).

3. For the purpose of this Directive, where it is demonstrated that the relevant ALs set out in Annex II and III are not exceeded, the employer shall be deemed to be in compliance with the health effects ELVs and sensory effects ELVs. Where the exposure exceeds the ALs, the employer shall act in accordance with Article 5(2), unless the assessment carried out in accordance with Article 4(1), (2) and (3) demonstrates that the relevant ELVs are not exceeded and that safety risks can be excluded.

Notwithstanding the first subparagraph, exposure may exceed:

(a) low ALs for electric fields (Annex II, Table B1), where justified by the practice or process, provided that either the sensory effects ELVs (Annex II, Table A3) are not exceeded; or

(i)

the health effects ELVs (Annex II, Table A2) are not exceeded;

(ii)

the excessive spark discharges and contact currents (Annex II, Table B3) are prevented by specific protection measures as set out in Article 5(6); and

(iii)

information on the situations referred to in point (f) of Article 6 has been given to workers;

(b) low ALs for magnetic fields (Annex II, Table B2) where justified by the practice or process, including in the head and torso, during the shift, provided that either the sensory effects ELVs (Annex II, Table A3) are not exceeded; or

(i)

the sensory effects ELVs are exceeded only temporarily;

(ii)

the health effects ELVs (Annex II, Table A2) are not exceeded;

(iii)

action is taken, in accordance with Article 5(9), where there are transient symptoms under point (a) of that paragraph; and

(iv)

information on the situations referred to in point (f) of Article 6 has been given to workers.

4. Notwithstanding paragraphs 2 and 3, exposure may exceed:

(a) the sensory effects ELVs (Annex II, Table A1) during the shift, where justified by the practice or process, provided that:

(i)

they are exceeded only temporarily;

(ii)

the health effects ELVs (Annex II, Table A1) are not exceeded;

(iii)

specific protection measures have been taken in accordance with Article 5(7);

(iv)

action is taken in accordance with Article 5(9), where there are transient symptoms under point (b) of that paragraph; and

(v)

information on the situations referred to in point (f) of Article 6 has been given to workers;

(b) the sensory effects ELVs (Annex II, Table A3 and Annex III, Table A2) during the shift, where justified by the practice or process, provided that:

(i)

they are exceeded only temporarily;

(ii)

the health effects ELVs (Annex II, Table A2 and Annex III, Table A1 and Table A3) are not exceeded;

(iii)

action is taken in accordance with Article 5(9), where there are transient symptoms under point (a) of that paragraph; and

(iv)

information on the situations referred to in point (f) of Article 6 has been given to workers.