The European Cement Industrya Health Perspective by pengxiuhui


									EU Health & Safety Legislation Now
          and Tomorrow

The European Cement Industry: a Health Perspective
         CEMBUREAU General Assembly
                June 13, 2006

                                             Ursula Schliessner
                                   McKenna Long & Aldridge LLP
I. Introduction

Health related regulation is scattered in different areas:

      Workers Safety

      Chemicals*

      Products**

* REACH; Classification, packaging and labeling of substances & preparations (Dir. 67/548, 1999/45: safety data sheets,
  chromium VI labeling); Marketing & Use Restrictions Directive 76/769 ( example: Chromium VI)
** Construction Products Directive 89/106 (Products must be safe for occupants, neighbors and other users, Annex I); Dir. 85/374
  product liability; Dir. 2001/95 product safety)                                                                                2
II. Workers Safety Legislation

      There is a large number of Directives* setting minimum
       requirements all based on the same principles.

* Dir. 89/391 (base); Dir. 98/24 chemicals at work; Dir. 2004/37 carcinogens/mutagens at work (Binding limit values for benzene,
  vinylchloride monomer, hardwood dusts); Others (Dir. 83/477 asbestos at work; Dir. 2003/10 physical agents (noise); Dir. 89/655
  work equipment; Dir. 2000/54 biological agents; Dir. 1999/92 explosive atmospheres; Dir. 94/33 on protection of young people at
  work; Dir. 92/104 workers in surface and underground mineral-extracting industries; and drilling 92/91; Dir. 92/85 pregnant,
  recently given birth, and breastfeeding workers; Dir. 92/58 safety & health signs at work; Dir. 92/57 temporary and mobile
  construction sites; Dir. 91/322 indicative limit values; Dir. 90/270 display screen equipment; Dir. 90/269 manual handling of loads
  (risk of back injury); Dir. 2006/15; Dir. 89/656 personal protective equipment; Dir. 89/654 workplace; and Recommendation
  66/464 medical control)                                                                                                             3
Principles of Workers Protection Legislation
   Risk Assessment of specific             risks
    work place (on the basis of
                                      Combat risks
    safety data sheet, other             at source
    available info, measuring)       Adapt work to
   Risk management
    if risk identified          Replace dangerous by non
                                          or less dangerous
   Training & consultation
                                 Develop coherent overall prevention
   Evaluation                                 policy

                                Collective measures take priority over
                                    individual measures (e.g. PPE)

Examples of Risk Assessment and Risk
Management (Negative)

Examples of Risk Assessment and Risk
Management (Positive)

  Cables routed under the walkway
Example of Risk Assessment and Risk
Management (Negative)

Example of Risk Assessment and Risk
Management (Positive)

Self-regulation may also be used in the
workers safety area: so-called Social
      Member States may entrust Social Partners, at their joint
       request, with the implementation of Directives
      Conclusion of Social Dialogue Agreements upon joint
       request (9 months suspension of legislative process)*
      Experience:**
                Currently 31 sectoral Social Dialogue committees incl. construction,
                mining and chemicals. CEMBUREAU not member. Indirectly
                CEMBUREAU may be impacted because of its suppliers/customers.
                Very few Social Dialogue Agreements.
* Implementation possible by a) procedures/practices social partners and Member States, or b) Council Decision/Directive upo n
   Commission proposal
** At earlier stages, agreements at horizontal level implemented by Council Directives (part-time work, parental leave , fixed-term
  work, etc.); now “autonomous” horizontal or sectoral agreements, e.g. stress at work (horizontal); telework (sectoral); vocat ional 9
  training in agriculture, working time in civil aviation; age diversity in commerce; telework in telecommunications sector
   CEMBUREAU participated along 14 other industry associations and two
    employee organizations (EMCEF, EMF) in negotiation of Social Dialogue
    Agreement on “Workers health protection through the good handling and
    use of crystalline silica and products containing it”
   Novel because:
     •   First Agreement on a substance
     •   First multi-sector Agreement
     •   First Agreement with parties not members of existing SD sector committees
     •   First Agreement directly applicable
     •   Very detailed (compared to existing SDAs)
     •   Extensive monitoring and reporting scheme
     •   Self-initiated (not in response to First or Second Stage consultation)

III. Chemical Legislation

 REACH will impact health protection, but changes will not be

   Increased supply of information

   Less divergences

   More record keeping

                        Existing Requirements                                            REACH Requirements

   •   Classification, packaging, labeling under Dir. 67/548 and        •   Same
       1999/45 of dangerous* substances and preparations                      – plus PBT and vPvB (Council);
                                                                              – plus substances eligible for authorization
                                                                              – plus annex with exposure scenarios (with
                                                                                 related use and exposure categories, EP)

   •   Provision of safety data sheets (SDS) for dangerous              •   Same
       substances and preparations and some non-dangerous
       preparations to professional users before or at first delivery

   •   Obligation to revise SDS and inform customers, and to            • Obligation to notify and update Agency on changes to
       notify new information on previously notified substances to             – hazard classification
       MS                                                                      – hazard label
                                                                         “Classification and Labeling Inventory”
                                                                         If information supplied results in different entries of
                                                                          the same substance, the notifiers and registrants
                                                                          shall make every effort to come to an agreed entry
                                                                          to be included in the Inventory (Art. 110 REACH)**
                                                                         Information in the Supply Chain (see following slides)

* 15 danger categories: explosive, oxidizing, extremely flammable, highly flammable, flammable, very toxic, toxic, harmful,
  corrosive, irritant, sensitizing, carcinogenic, mutagenic, toxic for reproduction, dangerous for the environment
** Art. 112 REACH: harmonized classification & labeling under Dir. 67/548 will continue only for carcinogenic, mutagenic or
  reprotox, cat. 1, 2 and 3, and respiratory sensitizers.                                                                           13
Safety Data Sheets under REACH (current Dir.
  1.   Identification of the                        7.   Handling and Storage
       substance/preparation and of the                       7.1 Handling
       company/undertaking                                    7.2 Storage
           1.1 Identification of the substance or             7.3 Specific Uses
               preparation                          8.   Exposure Controls/personal
           1.2 Use of the S/P                            Protection
           1.3 Company/undertaking identification             8.1 Exposure limit values
           1.4 Emergency telephone                            8.2 Exposure controls
  2.   Hazards Identification
                                                    9.   Physical and chemical properties
  3.   Composition/Information or                             9.1 General information
       Ingredients                                            9.2 Important health, safety and
           (= all hazard information)                             environmental information
                                                              9.3 Other information
  4.   First Aid Measures
                                                    10. Stability and Reactivity
  5.   Fire Fighting measures                                 10.1 Conditions to avoid
                                                              10.2 Materials to avoid
  6.   Accidental Release Measures                            10.3 Other information
11.   Toxicological information            ANNEX (NEW!):
12.   Ecological information                  Exposure scenarios (based on
          12.1 Ecotoxicity                    chemical safety report, i.e. above 10
          12.2 Mobility                       tons and subject to registration and
          12.3 Persistence and
               degradability                  dangerous/PBT/vPvB = Article 13
          12.4 Bioaccumulative potential      REACH)
          12.5 Results of PBT
          12.6 Other adverse effects
13.   Disposal Considerations
14.   Transport information
15.   Regulatory information
16.   Other information
          (e.g. key data, training,
          recommendations on use
• TO BE UPDATED (and sent even to previous
  customers of last year)
• To be made available to workers

Information in supply chain when SDS not
   Registration number
   Details on authorization
   Details on restrictions
   “Any other available and relevant information about the
    substance that is necessary to enable appropriate risk
    management measures to be identified and applied”
   Info to be made available to workers
   To be updated
   Also to previous (12 months) customers
Record Keeping*
       Assembly and keeping of all information required to carry
        out duties under REACH for at least 10 years after last
        manufacture, import, supply or use
       This obligation is transferred in case of company
        transfer/cessation upon successor
       Obligation upon manufacturers, importers, downstream
        users and distributors
                                               Install a procedure
                                                   and a system !

* Article 33                                                         18
Conclusions REACH: Not so many changes
for cement industry

   Communicate in the supply chain

   Change SDS

   Install record-keeping system

Legal Consequences from Failure to Comply
with Information Requirements under REACH
   National administrative / criminal law penalties/fines
   Criminal law sanctions in case failure can be considered a
    negligent/intentional wrong-doing / omission leading to e.g. an injury /
   Damage claims under national toxic tort law if damage caused
    negligently by inaccurate / incomplete / lacking information that caused
   Strict product liability if failure amounts to “defect” of a product
   Contractual liability in case supply contract provides for “compliance with
    all applicable laws”
   Product recall under product safety legislation only in case of “consumer
IV. Product Regulation

   Business as usual except for revision of Construction
    Products Directive

V. Tomorrow
Legislative/Regulatory Program
    Adoption of REACH will lead to increased flow of information
     up and down supply chain, increased availability of
     information on substances and will therefore necessitate
     updating of work place risk assessments
    Adoption of new Community program 2007-2012 on H&S at
     work will increase focus on multisource agents and risks,
     facilitate setting of limit values.
    Revision of Construction Products Directive and standards
     may increase health and environmental standards of
    Sectoral Social Dialogue as self-starter creating pressure on
     human resources of associations
    Empty national health budgets to increase focus on
     employer responsibility/liability for occupational diseases
     and accidents and more prevention
    Aging workforce will create challenges also in terms of risk
     assessment and risk management at the work place
    Large disparity in national H&S protection levels and within
     sectors. No level-playing field


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