What changed between the draft committee report and the plenary report

Removed:Recital 15 b (new): (15b) To ensure a comprehensive level of protection, it is necessary to consider the effects of combined exposure to multiple substances. In the workplace, workers are often exposed to a cocktail of hazardous substances, which can increase risks and cause adverse health effects. In the case of exposure to a combination of substances acting by the same mode of action or at the same target cell or tissue, it is necessary to adapt the implementation of their possible limit values to take into account the combined effects.

Added:Recital 14 b (new): (14b) Benzene meets the criteria for classification as carcinogenic (category 1A) in accordance with Regulation (EC) No 1272/2008 and is therefore a carcinogen within the meaning of Directive 2004/37/EC. Benzene can also be absorbed through the skin. By 1 January 2030, the limit value for benzene set out in Annex III to Directive 2004/37/EC should be revised in light of more recent scientific data, after consulting the ACSH. It is appropriate to keep the skin notation. Following the opinion of RAC, the ACSH also agreed about the usefulness of the biomonitoring for benzene. Those matters should be taken into account when developing guidance on the practical use of biomonitoring.

Removed:This amendment was put forward in the European Parliament report on the proposal for a directive of the European Parliament and of the Council amending Directive 2004/37/EC on the protection of workers from the risks related to exposure to carcinogens or mutagens at work of 7 April 2021 (CMD4). Source: https://www.europarl.europa.eu/doceo/document/A-9-2021-0114_EN.pdf

Added:Recital 15 a (new): (15a) The Occupational Exposure Limit Value and the Biological Limit Values, including the limit value for historical exposure and the guidance value for female workers of childbearing age on lead, should be kept under regular scrutiny and strictly reviewed at least every five years, after the entry into force of this directive. Such a review should be done on the basis of advances in knowledge and technologies and up-to-date scientific data, in order to address the negative impacts on the reproductive capacity of female workers of childbearing age as well as on foetal development and to ensure equal protection for all workers regardless of their gender. Such a review should also take into account the classification of lead as a non-threshold reprotoxic.

Removed:Recital 15 c (new): (15c) The World Health Organization classified the occupational exposure of firefighter as carcinogenic to humans (Group 1). Occupational exposure as a firefighter includes a variety of hazards resulting from fires and non-fire events. Firefighters can be exposed to combustion products from fires, building materials, chemicals in firefighting foams, flame retardants and diesel exhaust. The uptake of fire effluents or other chemicals can occur via inhalation and dermal absorption and possibly via ingestion. Such workers should therefore be better protected from such exposure.

Added:Recital 15 b (new): (15b) After the introduction of the amendments to Annex III to Directive 2004/37/EC provided for in this Directive, further limit values for additional substances or groups of substances and processes should be introduced by the end of 2024. Between 50 and 70 substances or groups of substances have been identified by different agencies, stakeholders, and the World Health Organization in priority lists of workplace carcinogens, mutagens and reprotoxic substances for which binding limit values are needed. The Commission should, no later than [one year after the entry into force of this Directive], update its action plan to achieve occupational exposure limits for at least 5 additional substances or groups of substances or process-generated substances. The additional substances or groups of substances referred to in Annex III to Directive 2004/37/EC should include but not be limited to substances and processes such as lithium and lithium compounds, methyl hydrazine, 1,3-propanesultone, welding fumes and leather dust.

Removed:source: https://monographs.iarc.who.int/list-of-classifications

Added:Recital 15 c (new): (15c) Substances and mixtures with endocrine disrupting properties pose a concern to public health. It has been proven that endocrine disruption can lead to certain disorders in humans, such as birth defects, developmental, reproductive or neurodevelopmental disorders, cancer, diabetes and obesity. The Commission communication of 14 October 2020 entitled ‘Chemicals strategy for sustainability. Towards a toxic-free environment’ highlighted the need to establish a legally binding hazard identification of endocrine disruptors and to protect workers from those substances. Following the adoption of the Commission Delegated Regulation (EU) 2023/7071a and the introduction of a new hazard class for endocrine disruptors, such substances should be covered by Union health and safety law. It is therefore necessary to consider extending the scope of Directive 2004/37/EC to endocrine disruptors, which have the ability to interfere with the hormonal system and can therefore induce adverse health effects. / 1a Commission Delegated Regulation (EU) 2023/707 of 19 December 2022 amending Regulation (EC) No 1272/2008 as regards hazard classes and criteria for the classification, labelling and packaging of substances and mixtures (OJ L 93, 31.3.2023, p. 7).

Removed:Recital 15 d (new): (15d) Union action, such as the European Green Deal launched in the Commission communication of 11 December 2019 and the Critical Raw Material initiative launched in the Commission communication 16 March 2023, entitled ‘A secure and sustainable supply of critical raw materials in support of the twin transition’, promote sustainable development, which requires a balance between environmental, economic, and social considerations. By enacting binding occupational exposure limits of carcinogens, mutagens and reprotoxic substances, workers are better protected from harm and can continue to work as safely as possible in industries that produce critical raw materials or contribute to the green economy. This, in turn, promotes a just green and digital transition by ensuring that workers’ health are not compromised at the expense of the Union’s economic and environmental goals. Protecting workers from exposure to hazardous substances also contributes to the objectives of Europe’s Beating Cancer Plan, set out in the Commission communication of 3 February 2021.

Added:Recital 15 d (new): (15d) To ensure a comprehensive level of protection, it is necessary to consider the effects of combined exposure to multiple substances. In the workplace, workers are often exposed to a cocktail of hazardous substances, which can increase risks and cause adverse health effects. In the case of exposure to a combination of substances acting by the same mode of action or at the same target cell or tissue, it is necessary to adapt the implementation of their possible limit values to take into account the combined effects.

Removed:Recital 15 e (new): (15e) Due to unpredictable exposure to certain substances, a mix of substances or constraints in the organisation of work, some occupations should be considered to be carcinogenic per se. It is difficult in some occupations to predict and prepare for the extent to which workers will be exposed to substances or mixes of substances. It is to be expected that the World Health Organization’s list of carcinogenic hazards will be expanded in accordance with the increasing amount of data and the progress of medical and scientific research, which highlight the carcinogenic nature of some occupations. Therefore, a non-exhaustive Union list of occupations that are considered to be carcinogenic would help employers identify recognised professions at risk and would facilitate the implementation of adequate protective measures and training pursuant to Directives 98/24/EC and 2004/37/EC. While the protective measures under Directives 98/24/EC and 2004/37/EC should not be exclusive to occupations on that list, it would provide employers with guidance.

Added:Recital 15 e (new): (15e) The World Health Organization has classified the occupational exposure of firefighters as carcinogenic (Group 1). Occupational exposure of firefighters includes a variety of hazards resulting from fires and non-fire events. Firefighters can be exposed to combustion products from fires, building materials, chemicals in firefighting foams, flame retardants and diesel exhaust. The uptake of fire effluents or other chemicals can occur by inhalation and dermal absorption and possibly via ingestion. Such workers should therefore be better protected from such exposure.

Removed:Recital 15 f (new): (15f) The circular economy and the waste collecting, sorting and recovery sectors are growing fast to meet the objectives of the European Green Deal, to ensure the sustainability of European industry and to ensure greater strategic autonomy to the Union. However, those positive developments raise many occupational health and safety issues for workers in that industry, who, by the very nature of their activity, are likely to be disproportionately exposed to harmful substances. Exposure to lead, mercury and other hazardous metals in waste recycling facilities is for example already a reality for many such workers. Ambitious protective measures, adequate prevention policies, as well as good quality working conditions are necessary to reduce the risks of exposure to hazardous substances and to ensure a high level of protection.

Added:Recital 15 f (new): (15f) Union action, such as the European Green Deal launched in the Commission communication of 11 December 2019 and the Critical Raw Material initiative launched in the Commission communication of 16 March 2023, entitled ‘A secure and sustainable supply of critical raw materials in support of the twin transition’, promote sustainable development, such as for example the batteries sector which is one of the several sectors of strategic importance to reach the objectives of Regulation (EU) 2021/1119. This requires a balance between environmental, economic, and social considerations. By enacting binding occupational exposure limits of carcinogens, mutagens and reprotoxic substances, workers are better protected from harm and can continue to work as safely as possible in industries that produce critical raw materials, such as lead, stimulating the circular economy and maintaining and enhancing the international strategic autonomy in raw materials, which are all priorities of the Union. Protecting workers from exposure to hazardous substances also contributes to the objectives of "Europe’s Beating Cancer Plan", set out in the Commission communication of 3 February 2021. This promotes a just, green and digital transition in which workers’ health and a high level of protection go hand in hand with the Union’s economic and environmental goals. Because of the harmful properties of lead and its inorganic compounds, relocation of lead-processing companies to third countries with less s…

Removed:Recital 15 g (new): (15g) The informal sector is proportionally over-represented in the waste collecting, sorting and recovery sectors. A high exposure to risks, including harmful substances, combined with a low level of social protection place most informal economy workers in a very vulnerable situation. Preventive measures, in the form of occupational health and safety management systems and a general safety culture, to reduce risks at work often do not reach the informal economy. Special attention should be paid to those precarious workers in order to offer safe working conditions and environments as well as equal treatment with workers in the same sector or in sectors that are better regulated.

Added:Recital 15 g (new): (15g) Due to unpredictable exposure to certain substances, a mix of substances or constraints in the organisation of work, some occupations should be considered to be carcinogenic per se. For some occupations it is difficult to predict and prepare for the extent to which workers will be exposed to substances or mixes of substances. It is to be expected that the World Health Organization’s list of carcinogenic hazards will be expanded in accordance with the increasing amount of data and the progress of medical and scientific research, which highlight the carcinogenic nature of some occupations. Therefore, the Commission should develop a definition of carcinogenic occupations with the purpose of supporting employers in identifying at-risk professions, and to facilitate the implementation of adequate protective measures and training pursuant to Directives 98/24/EC and 2004/37/EC.

Added:Recital 15 h (new): (15h) The circular economy and the waste collecting, sorting and recovery sectors are growing fast to meet the objectives of the European Green Deal, in order to ensure the sustainability of European industry and to ensure greater strategic autonomy to the Union. However, those positive developments raise many occupational health and safety issues for workers in that industry, who, by the very nature of their activity, are likely to be disproportionately exposed to harmful substances. Exposure to lead, mercury and other hazardous metals in waste recycling facilities is for example already a reality for many such workers. Ambitious protective measures, adequate prevention policies, as well as good quality working conditions are necessary to reduce the risks of exposure to hazardous substances and to ensure a high level of protection.

Added:Recital 15 i (new): (15i) Informal workers are present in the waste collecting, sorting and recovery sectors. A high exposure to risks, including harmful substances, combined with a low level of social protection place most informal economy workers in a very vulnerable situation. Preventive measures, in the form of occupational health and safety management systems and a general safety culture, to reduce risks at work often do not reach the informal economy. The protective measures of this Directive should apply equally to all workers. To this end, full enforcement of this Directive, including by way of labour inspections, is necessary in order to ensure safe working conditions and environments as well as equal treatment of workers across sectors.

Added:Directive 98/24/EC

Added:Article 1 – paragraph 1 – point -1 (new), Article 12 – paragraph 2 a (new): (-1) in Article 12, the following paragraph is added: / ‘2a. No later than 31 December 2029, the Commission shall launch a revision process for the occupational exposure limit and the short-term occupational exposure limit values for diisocyanates, taking especially into account the evaluation of the REACH Regulation and any relevant data available and shall, where appropriate, submit necessary amendments to the group of substances set out in Annex I without delay.’;

Added:Directive 2004/37/EC

Added:Article 2 – paragraph 1 – point 12 (new), Article 18a – paragraph 7 f (new): (12) in Article 18a, the following paragraph is added: / “By [one year after the entry into force of this Directive], the Commission shall, after consulting the ACSH and taking into account existing recommendations made by relevant agencies, stakeholders and the World Health Organization with regard to priority carcinogens, mutagens and reprotoxic substances for which limit values are needed, revise its action plan to achieve occupational exposure limits values for substances, or groups of substances or process-generated substances additional to those referred to in this Directive. This shall in particular include lithium and lithium compounds, methyl hydrazine, 1,3-propanesultone, welding fumes and leather dust. By [two years after the entry into force of this Directive], the Commission shall, taking into account that revised action plan to achieve limit values for additional substances or group of substances or process-generated substances, the latest developments in scientific knowledge, and after consulting the ACSH, submit to the European Parliament and the Council, where appropriate, a legislative proposal.”;

Added:Directive 2004/37/EC

Added:Article 2 – paragraph 1 – point 13 (new), Article 18a – paragraph 7 g (new): (13) in Article 18a, the following paragraph is added: / “By ... [twelve months after the date of entry into force of this amending Directive], the Commission shall, in consultation with social partners, consider targeted and limited exemptions for cultural and heritage-related work activities to existing Occupational Exposure Limit Values and Biological Limit Values, and take appropriate action.”

Added:Directive 2004/37/EC

Added:Article 2 – paragraph 1 – point 14 (new), Article 18a – paragraph 7 h (new): (14) in Article 18a, the following paragraph is added: / “By 1 January 2028, the Commission shall, taking into account the RAC’s 2018 opinion and the latest developments in scientific knowledge, assess the feasibility of a further reduction of the limit value for benzene and shall, by 1 January 2030, where appropriate, submit to the European Parliament and the Council the necessary legislative amendments to this Directive.”;

Removed:On that background the Commission has proposed to accompany the binding BLV with a non-binding Biological Guidance Value of 4.5μg Pb/100ml for women of childbearing age. While Directive 92/85/EEC provides for the protection of the health and safety of pregnant workers in the work place, its protective measures do not apply until such workers inform their employer of their condition.

Removed:In the Vind INI report, on a new EU strategic framework on health and safety at work post 2020 (including better protection of workers from exposure to harmful substances,

Removed:stress at work and repetitive motion injuries) of 9 February 2022, the European Parliament noted that the RAC recommendation of a BLV of 15µg Pb/100ml does not protect women and especially pregnant women properly. It called on the Commission to ensure that any proposal for revised exposure limit values for lead and its compounds should establish equal protection for all workers regardless of gender.

Removed:This report is of the opinion that a non-binding guidance value is not suitable to ensure the protection of workers’ health and safety in conditions of equality and non-discrimination, with regard in particular to female lead-exposed workers. In order to attain the Directive’s stated objective of a high level of protection of worker’s health and safety, a binding biological limit value, which offers sufficient protection for both female and male workers, is necessary.

Added:Due to unpredictable exposure to certain substances, a mix of substances or constraints in the organisation of work, some occupations should be considered to be carcinogenic per se. This report calls on the Commission to develop a definition of ‘carcinogenic occupations’ and assess the appropriateness to include such occupations in the scope of the CMRD Directive.

Added:Endocrine disruptors and additional substances

Added:This reports invites the Commission to extend the scope of the CMRD directive to endocrine disruptors that can lead to certain disorders in humans, such as birth defects, developmental, reproductive or neurodevelopmental disorders, cancer, diabetes and obesity. This report is also calling on adding new substances in the framework of the CMRD directive, such as lithium welding fumes and leather dust as well as to establish a limit value for cobalt and inorganic cobalt compounds.

Added:Informal work

Added:A high exposure to risks, including harmful substances, combined with a low level of social protection place most informal economy workers in a very vulnerable situation. Preventive measures, in the form of occupational health and safety management systems and a general safety culture, to reduce risks at work often do not reach the informal economy. This report calls on the full enforcement of the CMRD and CAD directives in order to ensure safe working conditions and environments as well as equal treatment of workers across sectors.