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

CHAPTER I GENERAL PROVISIONS

Article 1 Subject-matter and scope

1. This Directive, which is the 20th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC, lays down minimum requirements for the protection of workers from risks to their health and safety arising, or likely to arise, from exposure to electromagnetic fields during their work.

2. This Directive covers all known direct biophysical effects and indirect effects caused by electromagnetic fields.

3. The exposure limit values (ELVs) laid down in this Directive cover only scientifically well-established links between short-term direct biophysical effects and exposure to electromagnetic fields.

4. This Directive does not cover suggested long-term effects.

The Commission shall keep under review the latest scientific developments. If well-established scientific evidence on suggested long-term effects becomes available, the Commission shall consider a suitable policy response, including, if appropriate, the submission of a legislative proposal to address such effects. The Commission shall, through its report referred to in Article 15, keep the European Parliament and the Council informed in this regard.

5. This Directive does not cover the risks resulting from contact with live conductors.

6. Without prejudice to the more stringent or more specific provisions in this Directive, Directive 89/391/EEC shall continue to apply in full to the whole area referred to in paragraph 1.

Article 2 Definitions

For the purposes of this Directive, the following definitions shall apply:

(a)

‘electromagnetic fields’ means static electric, static magnetic and time-varying electric, magnetic and electromagnetic fields with frequencies up to 300 GHz;

(b)

‘direct biophysical effects’ means effects in the human body directly caused by its presence in an electromagnetic field, including:

(i)

thermal effects, such as tissue heating through energy absorption from electromagnetic fields in the tissue;

(ii)

non-thermal effects, such as the stimulation of muscles, nerves or sensory organs. These effects might have a detrimental effect on the mental and physical health of exposed workers. Moreover, the stimulation of sensory organs may lead to transient symptoms, such as vertigo or phosphenes. These effects might create temporary annoyance or affect cognition or other brain or muscle functions, and may thereby affect the ability of a worker to work safely (i.e. safety risks); and

(iii)

limb currents;

(c)

‘indirect effects’ means effects, caused by the presence of an object in an electromagnetic field, which may become the cause of a safety or health hazard, such as:

(i)

interference with medical electronic equipment and devices, including cardiac pacemakers and other implants or medical devices worn on the body;

(ii)

the projectile risk from ferromagnetic objects in static magnetic fields;

(iii)

the initiation of electro-explosive devices (detonators);

(iv)

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

(v)

contact currents;

(d)

‘exposure limit values (ELVs)’ means values established on the basis of biophysical and biological considerations, in particular on the basis of scientifically well-established short-term and acute direct effects, i.e. thermal effects and electrical stimulation of tissues;

(e)

‘health effects ELVs’ means those ELVs above which workers might be subject to adverse health effects, such as thermal heating or stimulation of nerve and muscle tissue;

(f)

‘sensory effects ELVs’ means those ELVs above which workers might be subject to transient disturbed sensory perceptions and minor changes in brain functions;

(g)

‘action levels (ALs)’ means operational levels established for the purpose of simplifying the process of demonstrating the compliance with relevant ELVs or, where appropriate, to take relevant protection or prevention measures specified in this Directive.

The AL terminology used in Annex II is as follows:

(i)

for electric fields, ‘low ALs’ and ‘high ALs’ means levels which relate to the specific protection or prevention measures specified in this Directive; and

(ii)

for magnetic fields, ‘low ALs’ means levels which relate to the sensory effects ELVs and ‘high ALs’ to the health effects ELVs.

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.