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Regional Harmonization of Occupational Health Rules: The European Example

Published online by Cambridge University Press:  24 February 2021

Philip Raworth
Philip Raworth*
Affiliation:
Department of Marketing and Economic Analysis, University of Alberta, Edmonton, Alberta, Canada
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Abstract

This study of the occupational health law of the European Union looks first at the jurisdiction of the Union and the history and scope of its legislation in this area.

The main body of the Article examines the level of protection that is afforded to the workforce under European Union law. The Article first considers the way in which assessment of risk is handled and then passes on to measures that are provided for both preventing and protecting against health risks. It notes the greater role given to protection. The Article also mentions the ancillary measures that are destined to make both prevention and protection effective. Finally, it looks at the Union's detailed provisions for worker involvement in occupational health matters and the more meager ones on employment rights and compensation.

The Article ends with a discussion of the problems faced by the Union in enforcing its rules and an assessment of the strengths and weaknesses of the European Union's occupational health law. It is suggested that, overall, it deserves a positive judgment.

Type
Articles
Information
American Journal of Law & Medicine , Volume 21 , Issue 1 , 1995 , pp. 7 - 44
Copyright
Copyright © American Society of Law, Medicine and Ethics and Boston University 1995

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References

1 An earlier Canadian study observes pertinently:

Safety and health can be expensive, and as soon as a single employer in a competitive industry recognizes he can reduce costs by limiting his investment in provision of a safe working environment, then he will reduce his costs by restricting expenditures on capital, training or supervision. In a competitive situation other firms will find it necessary to follow suit.

G.B. RESCHENTHALER, OCCUPATIONAL HEALTH AND SAFETY IN CANADA 16 (1979).

2 North American Agreement on Labor Cooperation, September 1993, reproduced in J.R. HOLBEIN & D.J. MUSCH, NAFTA: THE PRACTITIONER'S DESKBOOK GUIDE (1994).

3 The European Union was created by the Treaty on European Union, popularly known as the Maastricht Treaty, and came into being on November 1, 1993. TREATY ON EUROPEAN UNION [TEU TREATY]. It subsumes the original three European Communities consisting of the European Coal and Steel Community (ECSC), the European Community (EC) (formerly the European Economic Community (EEC)) and the European Atomic Energy Community (EAEC). TEU TREATY, tit. II. Legislation enacted by all three Communities constitutes EU legislation and is so called in the text except where it is necessary to single out the Community involved.

4 Council Directive 89/391, pmbl., 1989 OJ (L 183).

5 See TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY [EEC TREATY] pmbl., amended by TREATY ESTABLISHING A SINGLE COUNCIL AND A SINGLE COMMISSION OF THE EUROPEAN COMMUNITIES [MT] and SINGLE EUROPEAN ACT [SEA]. The EEC Treaty was further amended by the TEU and the name of the EEC was changed to the EC. TEU TREATY, art. G(I). This latest version of the treaty is referred to in this Article as the EC TREATY.

6 See TEU TREATY, pmbl., arts. B, G(B)(2).

7 See Council Resolution of 21 December 1987 on Safety, Hygiene and Health at Work and an Accompanying Commission Communication, pt. 1(4), 1988 OJ (C 28) [hereinafter 1988 Program]; Comments of the Economic and Social Committee (Ecosoc), pt. 1.1, 1993 OJ (G 249) 12; Community Charter of the Fundamental Social Rights of Workers, tit. I, pt. 19, COM(89) 471. The Charter was adopted by eleven member states at Strasbourg on December 9, 1989. See Council Regulation 2062/94, preamble, 1st recital, 1994 OJ (L 216).

8 TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY [EAEC TREATY] arts. 30, 31.

9 In this context, it is noteworthy that Council Directive 92/91, 1992 OJ (L 348) 9, and Council Directive 92/104, 1992 OJ (L 404), on health protection in the mineral-extracting industries are both based exclusively on the EEC Treaty.

10 See EC TREATY arts. 117, 118, 118a(I). Lammy Betten maintains that Article 118a taken as a whole may be interpreted as giving the Community exclusive jurisdiction over occupational health. It is difficult to see how the Treaty provisions can bear such an interpretation. Lammy Betten, Prospects for a Social Policy of the European Community and Its Impact on the Functioning of the European Social Charter, in THE FUTURE OF EUROPEAN SOCIAL POLICY 107, 122 (L. Betten ed. 1991).

11 EC TREATY art. 118a(2).

12 The paragraph reads as follows: “Member States shall pay particular attention to encouraging improvements, especially in the working environment, as regards the health and safety of workers, and shall set as their objective the harmonization of conditions in this area, while maintaining the improvements made.” Id.

13 Council Directive 89/391, supra note 4, at 2nd recital. See also EC TREATY art. 1(1).

14 EC TREATY art. 3(b). However, in its Social Charter Action Program, the Commission lists occupational health as an area where Community legislation is necessary. COM(89) 568 final at pt. 1(5).

15 EC TREATY protocol 14.

16 Id. art. 2.

17 Id. art. 4(1). Under art. 4(2), such agreements may be implemented by a Council Decision at the joint request of management and labor.

18 Council Directive 80/1107 of 27 November 1980 on the Protection of Workers from the Risks Related to Exposure to Chemical, Physical and Biological Agents at Work, 1980 OJ (L 327) 8, amended by Council Directive 88/642, 1988 OJ (L 356), and Council Directive 91/322, 1991 OJ (L 177).

19 The main directive is Council Directive 80/836 of 15 July 1980 Amending the Directives Laying Down the- Basic Safety Standards for the Health Protection of the General Public and Workers Against the Dangers of Ionizing Radiation, 1980 OJ (L 246) 1, amended by Council Directive 84/467, 1984 OJ (L 265). There is a further amendment proposed by the Commission in 1993 OJ (C 345/93).

20 Council Directive 78/610 of 29 June 1978 on the Approximation of the Laws, Regulations and Administrative Provisions of the Member States on the Protection of the Health of Workers Exposed to Vinyl Chloride Monomer, 1978 OJ (L 197) 12.

21 Council Directive 92/29 of 31 March 1992 on the Minimum Safety and Health Require ments for Improved Medical Treatment on Board Vessels, 1992 OJ (L 113) 19. There is also a proposed independent directive on the protection of young people at work. Proposal for a Council Directive on the Minimum Health and Safety Requirements Regarding the Exposure of Workers to the Risks Arising from Physical Agents, 1993 OJ (C 77) 12 [hereinafter Physical Agents Proposal].

22 Council Resolution of 21 January 1974 concerning a social action program, 1974 OJ (C 13); Council Resolution of 29 June 1978 on an Action Programme of the European Communi ties on Safety and Health at Work, 1978 OJ (C 165) 1 [hereinafter 1st Action Program]; Council Resolution of 27 February 1984 on a Second Programme of Action of the European Communi ties on Safety and Health at Work, 1984 OJ (C 67) [hereinafter 2nd Action Program]; 1988 Program, supra note 7.

23 Commission Recommendation to the Member States Concerning the Adoption of a Euro pean Schedule of Occupational Diseases, 1990 OJ (C 326) [hereinafter Commission Recommen dation 90/326].

24 This entity is set up by Council Regulation 2062/94, supra note 7.

25 Council Directive 87/217 of 19 March 1987 on the Prevention and Reduction of Envi ronmental Pollution by Silicone Fibers, 1987 OJ (L 85/87).

26 See Council Directive 67/548 on the Approximation of Regulatory and Administrative Laws Relating to the Classification, Packaging and Labeling of Hazardous Substances, 1967 OJ (L 196); Council Directive 88/379 of 7 June 1988 on the Approximation of the Laws, Regula tions and Administrative Provisions of the Member States Relating to the Classification, Pack aging and Labelling of Dangerous Preparations, 1988 OJ (L 187); Council Directive 76/769 on the Approximation of the Laws, Regulations and Administrative Provisions of the Member States Relating to Restrictions on the Marketing and Use of Certain Dangerous Substances and Preparations, 1976 OJ (L 262). All three directives have been amended over the years, in particular Council Directives 67/548 and 76/769.

27 Council Directive 90/219 of 23 April 1990 on the Contained Use of Genetically Modified Micro-Organisms, 1990 OJ (L 117).

28 See Council Directive 79/113 of December 1978 on the Approximation of the Laws, Regulations and Administrative Provisions of the Member States Relating to Determining Noise Emissions of Engines and Construction Equipment, 1979 OJ (L 33), amended by Council Directive 81/1051, 1981 OJ (L 376), and Council Directive 85/405, 1985 OJ (L 233); Council Directive 84/533 of 17 September 1984, 1984 OJ (L 300), amended by Council Directive 85/ 406, 1985 OJ (L 233); Council Directive 84/534 of 17 September 1984, 1984 OJ (L 300), amended by Council Directive 87/405, 1987 OJ (L 220); Council Directive 84/535 of 17 September 1984, 1984 OJ (L 300), amended by Council Directive 85/407, 1985 OJ (L 233); Council Directive 84/536 of 17 September 1984, 1984 OJ (L 300), amended by Council Directive 85/408, 1985 OJ (L 233); Council Directive 84/537, 17 September 1984, 1984 OJ (L 300), amended by Council Directive 85/409, 1985 OJ (L 233); Council Directive 86/662 of 22 December 1986, 1986 OJ (L 384), amended by Council Directive 89/514, 1989 OJ (L 253).

29 See Council Directive 89/392 of 14 June 1989 on the Approximation of the Laws of the Member States Relating to Machinery, 1989 OJ (L 183), amended by Council Directive 91/368, 1991 OJ (L 198), and Council Directive 93/44, 1993 OJ (L 175); Council Directive 89/686 of 21 December 1989 on the Approximation of the Laws of the Member States Relating to Personal Protective Equipment, 1989 OJ (L 399). There is a proposal to amend Council Directive 89/ 686. Amended Proposal for a Council Decision Amending Directive 89/686, 1993 OJ (C 199).

30 See Physical Agents Proposal, supra note 21, at art. 17; Proposal for a Council Directive on the Protection of the Health and Safety of Workers from the Risks Related to Chemical Agents at Work, art. 14, 1993 OJ (C 165) 49 [hereinafter Chemical Agents Proposal].

31 Council Directive 82/605 of 28 July 1982 on the Protection of Workers from the Risks Related to Exposure to Metallic Lead and Ionic Compounds at Work, 1982 OJ (L 247) 12; Council Directive 83/477 of 19 September 1983 on the Protection of Workers from the Risks Related to Exposure to Asbestos at Work, 1983 OJ (L 263) 25, amended by Council Directive 91/382, 1991 OJ (L 206); Council Directive 86/188 of May 1986 on the Protection of Workers from the Risks Related to Exposure to Noise at Work, 1986 OJ (L 137) 28; Council Directive 88/364 of 9 June 1988 on the Protection of Workers by the Banning of Certain Specified Agents and/or Certain Work Activities, 1988 OJ (L 179) 44.

32 Council Directive 80/1107, supra note 18, at art. 1(2).

33 Id.

34 See Council Directive 90/269 of 29 May 1990 on the Minimum Health and Safety Requirements for the Manual Handling of Loads Where There is a Risk Particularly of Back Injury to Workers, art. 1(2), 1990 OJ (L 156); Council Directive 90/270 of 29 May 1990 on the Minimum Health and Safety Requirements for Work with Display Screen Equipment, art. 1(2), 1990 OJ (L 156); Council Directive 90/394 of 28 June 1990 on the Protection of Workers from the Risks Related to Exposure to Carcinogens at Work, art. 1(3), 1990 OJ (L 374); Council Directive 90/679 of 12 October 1993 on the Protection of Workers from the Risks Related to Exposure to Biological Agents at Work, 1990 OJ (L 374), amended by Council Directive 93/88, art. 1(3), 1993 OJ (L 268); Council Directive 92/57 of 24 June 1992 on the Implementation of Minimum Safety and Health Requirements at Temporary or Mobile Construction Sites, art. 1(3), 1992 OJ (L 245) 7; Council Directive 92/58 of 24 June 1992 on the Minimum Requirements for the Provision of Safety and/or Health Signs at Work, art. 1(4), 1992 OJ (L 245) 24; Council Directive 92/85 of 19 October 1992 on the Introduction of Measures to Encourage Improve ments in the Safety and Health at Work of Pregnant Workers who have Recently Given Birth or are Breastfeeding, art. 1(2), 1992 OJ (L 348); Council Directive 92/91 of 3 November 1992 Concerning the Minimum Requirements for Improving the Safety and Health Protection of Workers in the Mineral-Extracting Industries Through Drilling, art. 1(2), 1992 OJ (L 348) 9; Council Directive 92/104, supra note 9, at 11, art. 1(2); Council Directive 93/103 Concerning the Minimum Safety and Health Requirements for Work on Board Fishing Vessels, 1993 OJ (L 307); Council Directive 93/104 of 23 November 1993 Concerning Certain Aspects of the Organization of Working Time, art. 1(3), 1993 OJ (L 307) 18. There are also outstanding proposals for directives on physical agents, transport activities, chemical agents and to amend Council Directive 89/655. Physical Agents Proposal, supra note 21, at 17; Commission Amended Proposal for a Council Decision concerning the minimum safety and health requirements for transport activities and workplaces on means of transport, 1993 OJ (C 294) [hereinafter Transport Proposal]; Chemical Agents Proposal, supra note 30, at 4; Commission Proposal to Amend Council Directive 89/655 on the Minimum Safety and Health Requirements for the Use of Work Equipment by Workers at Work, 1994 OJ (C 104) 4.

35 Council Directive 89/654 of 30 November 1989 Concerning the Minimum Safety and Health Requirements for the Workplace, art. 1(3), 1989 OJ (L 393); Council Directive 89/655 of 4 November 1989 Concerning the Minimum Health and Safety Requirements for the Use of Work Equipment by Workers at Work, art. 1(2), 1989 OJ (L 393); Council Directive 89/656 of 30 November 1989 on the Minimum Health and Safety Requirements for the Use by Workers of Personal Protective Equipment at the Workplace, art. 1(2), 1989 OJ (L 393).

36 Council Directive 89/391, supra note 4, at art. 4.

37 Council Directive 80/836, supra note 19, at 12, art. 40 (Euratom).

38 Council Directive 92/85 of 19 October 1992, supra note 34, at art. 12.

39 See Council Directive 93/104, supra note 34; Council Directive 90/679, supra note 34; Council Directive 90/270, supra note 34; Council Directive 90/269, supra note 34.

40 See Council Directive 93/104, supra note 34; Council Directive 93/103, supra note 34; Council Directive 92/104, supra note 9; Council Directive 92/91, supra note 9; Council Direc tive 92/85, supra note 34; Council Directive 92/57 of 24 June 1992 on the Implementation of Minimum Safety and Health Requirements at Temporary or Mobile Construction Sites (eighth individual directive within the meaning of Article 16(1) of Directive 89/391), 1992 OJ (L 245) 6; Council Directive 92/29, supra note 21.

41 Council Directive 89/391, supra note 4, at art. 2(1).

42 Id. at art. 2.

43 Council Directive 88/364, supra note 31; Council Directive 76/769, supra note 26, at Annex I (as amended).

44 Physical Agents Proposal, supra note 21, at 12.

45 Chemical Agents Proposal, supra note 30, at 4.

46 Physical Agents Proposal, supra note 21, at 12.

47 Council Directive 89/391, supra note 4, at arts. 10(1), 11(1), 11(2).

48 For those readers not familiar with the concept of direct effect, see the discussion in Kapteyn P.J.G. AND Verloren van Themaat P., INTRODUCTION TO THE LAW OF THE EUROPEAN COMMUNITIES, DEVENTER 330-48 (1990).

49 See Marshall v. Southampton and South West Hampshire Area Health Authority (Teaching), Case 152/84, [1986] ECR 723, 749, 2 W.L.R. 780 (CA. 1986); Paola Faccini Dori v. Recreb Sri, Case 91/92 (European Ct. J. July 14, 1994) (unpublished available in LEXIS, Intlaw Library, Eccase File). A synopsis of this case can be found in THE TIMES (London), Aug. 4, 1994, at Features.

50 See Council Directive 89/391, supra note 4, at art. 1(3); (relating to art. 118a(3) of the EC TREATY).

51 See Council Directive 78/610, supra note 20, at 14, art. 10(2) (VCM); Council Directive 80/836, supra note 19, at 11, 12, arts. 34 (ionizing radiation); Council Directive 82/605, supra note 31, at 14, art. 4 (lead); Council Directive 83/477, supra note 31, at 29, art. 15 (asbestos); Council Directive 86/188, supra note 31, at 32, art. 12(1) (noise); Council Directive 90/394, supra note 34, at art. 14(7) (carcinogens); Council Directive 90/679, supra note 34, at art. 14(8) (biological agents).

52 Council Directive 83/477, supra note 31, at 29, art. 15(1).

53 Council Directive 86/188, supra note 31, at 34, art. 12(2), Annex II, pt. 2.

54 Chemical Agents Proposal, supra note 30, at Annex, pt. 10.2.

55 Council Directive 78/610, supra note 20, at 13, art. 4(1).

56 Council Directive 82/605, supra note 31, at 14, art. 4(2). See also Chemical Agents Proposal, supra note 30, at Annex, pt. 10.2.

57 See Council Directive 80/836, supra note 19, at 8, art. 14 (ionizing radiation); Council Directive 83/477, supra note 31, at 27, art. 7(1) (asbestos).

58 Council Directive 90/269, supra note 34, at art. 4(a); Council Directive 90/270, supra note 34, at art. 3(1); Council Directive 90/219, supra note 27, at art. 6(2); Chemical Agents Proposal, supra note 30, at art. 3(2).

59 Council Directive 80/1107, supra note 18, at 9, art. 4(4), amended by Council Directive 86/642, art. 1(2)(a), 1986 (L 642); Council Directive 89/391, supra note 4, at arts. 6(3)(a), 9(1)(a).

60 Council Directive 78/610, supra note 20, at art. 3(1), (2) (VCM); Council Directive 80/ 836, supra note 19, at arts. 6-10, 26-28 (ionizing radiation); Council Directive 82/605, supra note 31, art. 2(1), (2) (lead); Council Directive 83/477, supra note 31, at art. 3(2), (3) (asbestos); Council Directive 86/188, supra note 31, at arts. 3(1), 4(1) (noise); Physical Agents Proposal, supra note 21, at arts. 2(2), 4(1).

61 Council Directive 90/394, supra note 34, at art. 3(2) (carcinogens); Council Directive 90/679, supra note 34, at art. 3(2)(a) (biological agents); Council Directive 92/85, supra note 34, art. 4(1) (pregnant and breast-feeding workers).

62 Ambient exposure refers to a situation where a worker is exposed to the presence of an agent in the surrounding environment. Monitoring here aims at establishing the level of the agent's presence. Council Directive 78/610, supra note 20, at 13, art. 3(1); Council Directive 83/477, supra note 31, at 26, 27, arts. 3(3), 8; Council Directive 86/188, supra note 31, at 29, 30, 32, arts. 3(1),(2), 12, Annex I; Physical Agents Proposal, supra note 21, at art. 4(1), Annexes.

63 Biological monitoring consists of measuring the level of an agent's presence in the tissues, secreta, excreta and/or expired air of a worker. Council Directive 82/605, supra note 31, at 13, 14-15, arts. 2(2), (4), 6(1); Council Directive 80/836, supra note 19, at arts. 27, 28.

64 Council Directive 90/269, supra note 34, at art. 4(a), Annex I (back injury); Council Directive 90/270, supra note 34, at art. 3(1), Annex (display screen equipment); Council Directive 90/219, supra note 27, at art. 6(3), Annex III (GMOs).

65 Council Directive 82/605, supra note 31, at 13, art. 2(5), Council Directive 83/477, supra note 31, at 26, art. 3(4); Council Directive 86/188, supra note 31, at 30, art. 3(4).

66 Council Directive 89/391, supra note 4, at art. 11(1), (2).

67 Id. at art 11(5). The usefulness of such independent fact-finding is disputed by Professor Reschenthaler, who observes that “[i]t is naive to assume that the average member of the work force who possesses no training in industrial hygiene is in a position ... to independently appraise workplace health hazards.” RESCHENTHALER, supra note 1, at 13.

68 Council Directive 67/548 on the Approximation of the Laws, Regulations and Administrative Provisions relating to the Classification, Packaging and Labelling of Dangerous Substances, art. 2(1 )(b).

69 Council Directive 67/548, supra note 68, at art. 16(1), (2); Council Directive 88/379 on the Approximation of the Laws, Regulations and Administrative Provisions of the Member States Relating to the Classification, Packaging and Labelling of Dangerous Preparations, arts. 5(1), 7(1), 1988 OJ (L 187) 22, 23-24.

70 A typical R phase would be the warning: “toxic on contact with the skin.”

71 Council Directive 67/548, supra note 68, at art. 6.

72 Id. at art. 5(1).

73 Id. at art. 7(1).

74 Commission Directive 91/155 Defining and Fixing, by Applying Article 10 of Council Directive 88/379, the Terms of a Specific System of Information Relation to Dangerous Preparations, arts. 1, 3, 1991 OJ (L 76).

75 Council Directive 67/548, supra note 68, at arts. 9, 10.

76 Chemical Agents Proposal, supra note 30, at art. 3(2).

77 See Council Regulation 2062/94, supra note 7, at art. 4.

78 Council Directive 89/391, supra note 4, at art. 9(1)(a). In the case of carcinogens, this is set down as a specific requirement. See Council Directive 90/394, supra note 34, at art. 3(4).

79 Council Directive 90/270, supra note 34, at art. 3(2).

80 Council Directive 93/104, supra note 34.

81 Council Directive 80/836, supra note 19, at art. 17.

82 Id. at Annex III(2) 26.

83 Council Directive 83/477, supra note 31, at arts. 3(3), 8, amended by Council Directive 91/382, art. 1(1), (4), 1991 OJ (L 206) 4. Chrysotile, or white asbestos, is the most common form of asbestos and accounts for around 90% of the world's supply. Because of the larger size of fibers, it is marginally less dangerous for those who work with it than other forms of asbestos. This accounts for the higher limit values.

84 Council Directive 90/679, supra note 34, at art. 3(2)(b).

85 Council Directive 89/391, supra note 4, at arts. 6(3)(a), 9(1)(a).

86 See, e.g.. Council Directive 90/394, supra note 34, at art. 3(2) (carcinogens).

87 Council Directive 90/269, supra note 34, at art. 4(a); Council Directive 90/219, supra note 27, at art. 6(2).

88 Amended Proposal for a Council Directive Laying Down the Basic Safety Standards for the Protection of the Health of Workers and the General Public Against the Danger Arising from Ionizing Radiation, art. 19(a), 1993 OJ (C 245) 5 [hereinafter Amended Proposal Laying Down Ionizing Radiation Standards]; Chemical Agents Proposal, supra note 30, at art. 3(2).

89 Council Directive 89/391, supra note 4, at art. 6(1), (3).

90 The exceptions are Council Directive 89/269 (back injury); Council Directive 90/270 (display screen equipment); Council Directive 92/85 (pregnant and breast-feeding workers).

91 See Council Directive 82/605, supra note 31, at art. 2(5) (lead); Council Directive 83/ 477, supra note 19, at art. 3(4) (asbestos). See also Physical Agents Proposal, supra note 21, at art. 4(2) (physical agents).

92 Council Directive 78/610, supra note 20, at art. 4 (VCM); Council Directive 80/836, supra note 19, at arts. 26, 28 (ionizing radiation); Council Directive 86/188, supra note 31, at art. 3(2); Council Directive 90/394, supra note 34, at art. 3(2); Council Directive 90/679, supra note 34, at art. 3(2)(c).

93 Chemical Agents Proposal, supra note 30, at art. 3(2).

94 See Physical Agents Proposal, supra note 21, at art. 4(2).

95 Physical Agents Proposal, supra note 21, at art. 4(2); Chemical Agents Proposal, supra note 30, at art. 3(2).

96 Council Directive 78/610, supra note 20, at arts. 4, 5 (VCM); Council Directive 80/836, supra note 19, at arts. 27, 28 (ionizing radiation); Council Directive 82/605, supra note 31; Council Directive 83/477, supra note 31, at art. 7(1); Council Directive 86/188, supra note 31, at art. 3(2), Annex I.

97 Council Directive 89/269, supra note 39, at art. 4(a), Annex I (back injury); Council Directive 90/270, supra note 34, at Annex; Council Directive 90/219, supra note 27, at art. 6(3), Annex III.

98 Council Directive 90/394, supra note 34, at art. 3; Council Directive 90/679, supra note 34, at art. 3.

99 Council Directive 89/391, supra note 4, at art. 7(2).

100 Id. at art. 11(2)(b), (d).

101 Id. at art. 11 (1), (2)(a). Worker involvement in this context comprises the right to information, consultation and participation with respect to decisions taken by management. Id.

102 Id. at art. 7(7). Even if Article 7 does not apply to risk assessment, there is nothing in the Directive that prevents the employer from acting in this capacity.

103 Id. at art. 11(1).

104 Id. at art. 11(2)(a).

105 E.g., Council Directive 90/679, supra note 34, at art. 12.

106 Council Directive 82/605, supra note 31, at art. 2(5); Council Directive 83/477, supra note 31, at art. 3(4); Council Directive 86/188, supra note 31, at art. 3(4). These three directives pre-date the 1989 Directive, which explains their specificity on the issue.

107 Council Directive 89/391, supra note 4, at art. 2(1).

108 Id. at art. 10(1)(a).

109 E.g., Council Directive 90/394, supra note 34, at art. 11(1). The exceptions are the GMOs directive, which requires national authorities rather than the workforce to be informed of health risks (Council Directive 90/219, supra note 27, at art. 10(2)) and the directive on pregnant women, which requires access to the results of the assessment without any provision for an explanation of their significance (Council Directive 92/85, art. 4(2)). However, the 1989 Directive also applies in these two instances.

110 Specific risks connote the actual risks to which the workforce is exposed.

111 Council Directive 82/605, supra note 31, at art. 11(2) (lead); Council Directive 83/477, supra note 31, at art. 14(2); Council Directive 86/188, supra note 31, at art. 4(1)(b).

112 Physical Agents Proposal, supra note 21, at art. 7(3); Chemical Agents Proposal, supra note 30, at art. 6(1).

113 Council Directive 89/391, supra nxsote 4, at art. 10(1).

114 See Council Directive 90/394, supra note 34, at art. 11(1); Council Directive 90/679, supra note 34, at art. 9(1).

115 See Council Directive 80/1107, supra note 18, at art. 1(1); Council Directive 89/391, supra note 4, at art. 6(2). See also Council Directive 82/605, supra note 31, at art. 1(1); Council Directive 83/477, supra note 31, at art. 1(1); Council Directive 86/188, supra note 31, at art. 1(1); Council Directive 90/394, supra note 34, at art. 1(1); Council Directive 90/679, supra note 34, at art. 1(1).

116 Council Directive 80/1107, supra note 18, at art. 3(1); Council Directive 89/391, supra note 4, at art. 6(2).

117 See Council Directive 89/655, supra note 35, at art. 3(2) (use of work equipment); Council Directive 89/656, supra note 35, at art. 3 (personal protective equipment); Council Directive 90/394, supra note 34, at art. 5; Council Directive 90/679, supra note 34, at arts. 5, 6. See also the 1st Action Program, supra note 22, at pt. I; 1988 Program, supra note 7, at pt. II, pts. 2, 3.

118 Council Directive 89/391, supra note 4, at art. 6(2).

119 Council Directive 83/477, supra note 31, at art. 6(3); Council Directive 90/394, supra note 34, at arts. 4, 5; Council Directive 90/679, supra note 34, at arts. 5, 6; Council Directive 90/219, supra note 27, at art. 7(1). See also Council Directive 87/217, supra note 25, at art. 3(1) which provides that emissions of asbestos should be prevented as far as possible by controlling them at the source.

120 Physical Agents Proposal, supra note 21, at art. 5; Chemical Agents Proposal, supra note 30, at art. 3(3).

121 Council Directive 92/91, supra note 9, at Annex, pt. A, pt. 6.2.1 (drilling); Council Directive 92/104, supra note 9, at Annex, pt. A, pt. 4.3.1 (surface and underground mining).

122 Council Directive 93/104, supra note 34.

123 Council Directive 93/104, supra note 34, at arts. 3, 5. Night workers should not exceed an average of 8 hours in any 24-hour period. Id. at art. 8(1).

124 Id. at art. 6(2).

125 Id. at art. 7(2).

126 Id. at art. 17.

127 Council Directive 80/1107, supra note 18, at art. 4(14).

128 Council Directive, 88/364, supra note 31, at art. 1(1).

129 Id. at Annex, pt. 1.

130 Id. at Annex, pt. 2.

131 Id. at Annex, pt. 3.

132 See supra note 25.

133 Council Directive 76/769, supra note 26, at Annex I, pt. 6.1, added by Council Direc tive 83/478, OJ (L 263).

134 Id. at Annex I, pt. 6.3, added by Council Directive 85/610, 1985 OJ (L 375) 1.

135 Id. at Annex I, pt. 1, added by Council Directive 85/467, 1985 OJ (L 269) 56.

136 Id. at Annex I, pts. 17, 18, added by Council Directive 89/677, 1989 OJ (L 398) 19.

137 Id. at Annex I, pt. 5, added by Council Directive 82/806, 1982 OJ (L 339) 37.

138 Id. at Annex I, pt. 23, added by Council Directive 91/173, 1991 OJ (L 85) 34.

139 Id. at Annex I, pt. 28, added by Council Directive 94/27, 1994 OJ (L 188) 1, 2.

140 Council Directive 91/339 on the Approximation of Laws, Regulations, and Administrative Provisions of the Member States Relating to Restrictions on the Marketing and Use of Dangerous Substances and Preparations, 1991 OJ (L 186).

141 Council Directive 83/477, supra note 31, at art. 5, amended by Council Directive 91/ 382, supra note 30, at art. 1(2).

142 Council Directive 76/769, supra note 26, at Annex I, pt. 19, added by Council Directive 89/677, supra note 136.

143 Council Directive 76/769, supra note 43, at Annex I, pt. 24, added by Council Directive 91/338 OJ (L 186) 59.

144 Council Directive 92/85, supra note 34, at art. 6.

145 Id. at art. 5(1).

146 Council Directive 90/679, supra note 34, at art. 2(d) places biological agents in the following Groups:

1: unlikely to cause human disease;

2: likely to cause human disease but treatment/prophylaxis available;

3: likely to cause severe human disease but treatment/prophylaxis available;

4: likely to cause to severe human disease and NO treatment/prophylaxis available.

Annex III, amended by Council Directive 93/88, supra note 34, at art. 1, classifies only those agents that are known to infect humans. As a result, there are no agents in Group 1, and the Annex specifies that biological agents that have not been placed in Groups 2-4 are not to be considered as automatically belonging to Group 1.

147 Council Directive 92/85, supra note 34, at Annex I, pt. A.

148 Id. at Annex I, pt. B.

149 Council Directive 80/836, supra note 19, at art. 7(2). Under the Commission's proposed new rules, this prohibition will apply where there is any risk. Amended Proposal Laying Down Ionizing Radiation Standards, supra note 85, at art. 11.

150 Council Resolution of 21 Dec. 1987, supra note 7, at pt. II, pt. I(b)(i); Council Directive 89/391, supra note 4, at art. 6(2)(f).

151 Council Directive 90/394, supra note 34, at arts. 4, 5; Council Directive 90/679, supra note 34, at arts. 5, 6.

152 Council Directive 80/1107, supra note 18, at art. 4(3).

153 Council Directive 89/391, supra note 4, at art. 6(2)(d).

154 Council Directive 89/654 (minimum workplace requirements) stipulates that natural light should normally be used and that, if this is not possible, adequate artificial lighting must be provided. Council Directive 89/654, supra note 35, at Annexes I and II, pt. 18.1.

155 For rules dealing with machinery and construction equipment noise see Council Directive 89/392, supra note 29, at Annex, pt. 1.5. Council Directive 89/655 (use of work equipment) is also prepared to accept minimization of the risk where it cannot be removed completely. Council Directive 89/655, supra note 35, at art. 3(2).

156 Council Directive 89/392, supra note 29, at Annex, pt. 1.5.10 (limiting machinery radiation emissions to nonexistent or nondangerous levels).

157 Id. at Annex, pt. 1.5.13. See also Council Directive 89/655, supra note 35, at Annex, pt. 2.5.

158 Council Decision 89/464 of 18 July 1989 Adopting a Research and Training Programme for the European Atomic Energy Community in the Field of Remote Handling in Hazardous or Disordered Nuclear Environments, 1989 OJ (L 226).

159 Council Directive 83/477, supra note 31, at art. 6(3); Council Directive 87/217, supra note 25, at art. 3(1); Council Directive 90/394, supra note 34, at art. 5(3)(c); Council Directive 90/679, supra note 34, at art. 6(2)(b); Council Directive 90/219, supra note 27, at art. 7(1).

160 Council Directive 90/219, supra note 27, at art. 7(2), Annex IV; Council Directive 90/ 679, supra note 34, at art. 16, Annexes V, VI.

161 Council Directive 90/394, supra note 34, at art. 5.

162 Council Directive 92/91, supra note 9, at Annex, pt. A, pt. 6.2.1 (drilling); Council Directive 92/104, supra note 9, at Annex, pt. A, pt. 4.3.1 (surface and underground mining).

163 See Council Directive 80/1107, supra note 18, at art. 4(6), (7); Council Directive 89/ 391, supra note 4, at art. 6(2)(h). See also Council Directive 83/477, supra note 31, at art. 6(3); Council Directive 86/188, supra note 31, at arts. 5(1), 8(1)(a); Council Directive 89/391, supra note 4, at art. 6(2)(c), (h); Council Directive 89/656, supra note 35, at art. 3; Council Directive 90/394, supra note 34, at art. 5(3)(d), (g) (personal protective equipment); Council Directive 90/679, supra note 34, at art. 6(2)(c); Council Directive 90/219, supra note 27, at art. 7(1)(ii).

164 See Council Directive 78/610, supra note 20, at arts. 6(2), 7 (VCM); Council Directive 82/605, supra note 31, at 8(2); Council Directive 83/477, supra note 31, at arts. 10, 11; Council Directive 86/188, supra note 31, at art. 6; Council Directive 90/394, supra note 34, at art. 8(1); Council Directive 90/679, supra note 34, at art. 6(2)(c); Council Directive 90/219, supra note 27, at art. 7(1)(ii). See also Physical Agents Proposal, supra note 21, at arts. 5(3)(a), 6(1).

165 See Council Directive 80/1107, supra note 18, at art. 4; Council Directive 89/391, supra note 4, at art. 6(2). See also Council Directive 90/394, supra note 34, at arts. 4, 5.

166 Council Resolution of 21 Dec. 1987 on Safety, Hygiene and Health at Work, Part II, § I(b)(i); Council Directive 89/391, supra note 4, at art. 6(2)(f).

167 Council Directive 90/394, supra note 34, at art. 4; Council Directive 90/679, supra note 34, at art. 5.

168 Council Directive 83/477, supra note 31, at art. 1(3).

169 Council Directive 78/610, supra note 20, at art. 3(1) (VCM); Council Directive 80/836, supra note 19, at art. 6(b) (ionizing radiation); Council Directive 83/477, supra note 31, at art. 6(1); Council Directive 86/188, supra note 31, at art. 5(1); Council Directive 90/394, supra note 34, at art. 5(3)(a).

170 See Council Directive 80/1107, supra note 18, at art. 4(4). The 1989 Directive does not refer to limit values as such.

171 Council Directive 90/394, supra note 34, at art. 16(1).

172 Commission Directive 91/322 on Establishing Indicative Limit Values by Implementing Council Directive 80/1107 on the Protection of Workers from the Risks Related to Exposure to Chemical, Physical and Biological Agents at Work, 1991 OJ (L 177).

173 Council Directive 78/610, supra note 20, at arts. 2(b), 3(2).

174 Council Directive 83/477, supra note 31, at art. 8, amended by Council Directive 91/ 382, art. 1(4). The limit value for chrysotile asbestos fiber on its own is 0,60 fibers per cm. Id.

175 1st Action Program, supra note 22, at 2, pt. 5.

176 This measurement means 150 micrograms of lead per cubic meter. A microgram is one millionth of a gram.

177 The Commission proposes changing this limit to 0.15 milligrams per cubic meter mea sured in relation to a reference period of eight hours. See Chemical Agents Proposal, supra note 30, at 4, Annex, pt. 10.1.

178 This measurement means 70 micrograms of lead per 100 milliliters of blood.

179 Council Directive 82/605, supra note 31, at art. 6(1). Up to 80 mg Pb/100 ml blood is tolerated if the ALAU level is below 20mg/g creatinine or the ZPP level is below 20 mg/g hemoglobin, or the ALAD level is above 6 European units. Id.

180 Decibels (dB) are a unit of measurement for sound. Decibel may be measured on any one of three curves—the A, B, or C curve. The A curve measures most accurately the subjective sensation of sound. Thus, 90 dB(A) refers to 90 decibels on the A curve.

181 200 Pa means 200 pascals. A pascal is a unit of pressure that is equal to one newton per square meter.

182 Council Directive 86/188, supra note 31, at art. 5(2). The proposed directive on physical agents does not reduce the limit value but sets 75 dB(A) as the long-term objective. See Physical Agents Proposal, supra note 21, at 12, art. 2(2), Annex I, pt. 2.

183 See Council Directive 84/533, supra note 28, at art. 3(1) (compressors); Council Directive 84/534, supra note 28, at art. 3(1) (tower cranes); Council Directive 84/535, supra note 28, at art. 3(1) (welding generators); Council Directive 84/536, supra note 28, at art. 3(1) (power generators); Council Directive 84/537, supra note 28, at art. 3(1) (concrete breakers and picks); Council Directive 86/662, supra note 28, at art. 3(1) (excavators, dozers, loaders and excavator-loaders).

184 Council Directive 89/655, supra note 35, at art. 4(1 )(a) (work equipment).

185 A Roentgen Equivalent Man (rem) is a unit of effective absorbed dose of ionizing radiation in human tissue that is equivalent to one roentgen of x-rays. A sievert is a unit of effective absorbed dose of ionizing radiation that is equivalent to one joule per kilogram. One sievert is equivalent to 100 rems. Measurements in sievert are expressed in mSv, or one thousandth of a sievert.

186 Council Directive 80/836, supra note 19, at arts. 8(1), 9(b), Annex II(F). These are the values for Category “A” workers; lesser values apply to Category “B” workers and young workers. See Id. at arts. 1(c), 10, 23. For women of reproductive capacity, the dose to the abdomen shall not exceed 13 mSv (1.3 rem) per quarter, and during pregnancy the accumulated dose to the fetus must not exceed 10 mSv (1 rem). Id. at art. 8(2), art. 8(3). Under the proposed new rules, the dose to the fetus is further limited to 1 mSv. Amended Proposal Laying Down Ionizing Radiation Standards, supra note 88, at art. 10.

187 Council Directive 80/836, supra note 19, at art. 9, Annex II(E), amended by Council Directive 84/467. Annex II(E) provides a method of calculating partial body exposure in terms of whole body values. Id.

188 Amended Proposal Laying Down Ionizing Radiation Standards, supra note 88, at arts. 1, 9(1).

189 Council Directive 80/836, supra note 19, at art. 16.

190 A curie (Ci) is a unit of radioactivity corresponding to 3.7 x 1010 disintegrations per second. A becquerel (Bq) is a unit of radioactivity that corresponds to 1 disintegration per second.

191 Council Directive 80/836, supra note 19, at Annex III, pt. 1, amended by Council Directive 84/467. The limit values for internal exposure are given solely in terms of the external exposure limits for Category “A” workers. Id.

192 Amended Proposal Laying Down Ionizing Radiation Standards, supra note 88, at arts 9(1), 18.

193 Council Directive 80/836, supra note 19, at art. 17.

194 Council Directive 82/605, supra note 31, at art. 9.

195 Council Directive 78/610, supra note 20, at art. 7; Council Directive 83/477, supra note 31, at art. 11.

196 Council Directive 80/836, supra note 19, at art. 11.

197 Council Directive 86/188, supra note 53, at arts. 5(2), 9; Council Directive 82/605, supra note 31, at art. 8(4).

198 Council Directive 78/610, supra note 20, at arts. 6(2), 7 (VCM); Council Directive 80/ 836, supra note 19, at art. 11 (ionizing radiation); Council Directive 82/605, supra note 31, at art. 8; Council Directive 83/477, supra note 31, at arts. 10, 11; Council Directive 86/188, supra note 31, at art. 6(1) (noise).

199 Council Directive 83/477, supra note 31, at art. 6(2); Council Directive 90/394, supra note 34, at art. 5(3); Council Directive 90/679, supra note 34, at art. 6(2)(a).

200 Council Directive 83/477, supra note 31, at art. 1(3); Council Directive 90/394, supra note 34, at art. 4; Council Directive 90/679, supra note 34, at art. 5.

201 Council Directive 89/391, supra note 4, at art. 6(2)(d).

202 Council Directive 86/188, supra note 31, at art. 8(1)(a).

203 Council Directive 89/655, supra note 35, at arts. 1(1), 3, Annex, pt. 2; Council Directive 89/392, supra note 29, at art. 3, Annex, pt. 1.5. See also Council Directive 89/391, supra note 4, at art. 6(2)(d).

204 Council Directive 86/188, supra note 31, at art. 8(1)(a).

205 Council Directive 90/270, supra note 34, at arts. 4, 5, Annex pt. 1.

206 Council Directive 83/477, supra note 31, at art. 6(3); Council Directive 90/394, supra note 34, at art. 5(4)(c); Council Directive 90/679, supra note 34, at art. 6(2)(b); Council Directive 90/219, supra note 27, at art. 7(1). See also Council Directive 80/1107, supra note 18, at art. 4(5); Council Directive 89/391, supra note 4, at art. 6(2)(d).

207 Council Directive 90/219, supra note 27, at art. 7(2), Annex IV; Council Directive 90/ 679, supra note 34, at art. 16, Annexes V, VI.

208 See Council Directive 78/610, supra note 20, at arts. 6(2), 7 (VCM); Council Directive 82/605, supra note 31, at art. 8(2); Council Directive 83/477, supra note 31, at art. 10(3); Council Directive 86/188, supra note 31, at art. 6; Council Directive 90/394, supra note 34, at art. 8(1); Council Directive 90/679, supra note 34, at art. 6(2)(c); Council Directive 90/219, supra note 27, at art. 7(1)(ii).

209 Council Directive 89/656, supra note 35, at art. 6(1).

210 Council Directive 89/656, supra note 35, at art. 4(1).

211 Council Directive 89/656, supra note 35, at art. 4; Council Directive 89/686, supra note 29, at art. 1(1).

212 Council Directive 89/656, supra note 35, at art. 3.

213 Council Directive 89/391, supra note 4, art. 13(2)(b).

214 See 1st Action Program, supra note 22, at 10, Annex, Initiative 3/3. See also Physical Agents Proposal, supra note 21, at art. 11(2).

215 Council Directive 80/1107, supra note 20, at 8, 9-10, arts. 4(11), 5.

216 Council Directive 78/610, supra note 20, at 14, art. 10(1); Council Directive 80/836, supra note 19, at 11-12, art. 32, 34(c).

217 Council Directive 93/104, supra note 34, at 21, art. 9(1)(a); Council Directive 90/270, supra note 34, at art. 9.

218 Council Directive 82/605, supra note 31, at art. 2(4); Council Directive 83/477, supra note 31, at art. 15(1); Council Directive 86/188, supra note 31, at art. 7(1); Council Directive 90/394, supra note 34, at art. 14(1); Council Directive 90/679, supra note 34, at art. 14(1).

219 Council Directive 89/391, supra note 4, at art. 14(2).

220 Council Directive 92/29, supra note 21, at arts. 2, 3.

221 Council Directive 78/610, supra note 20, at art. 10(2), Annex II, pt. 2 (VCM); Council Directive 80/836, supra note 19, at arts. 34(c) (ionizing radiation); Council Directive 82/605, supra note 31, at art. 4(1); Council Directive 83/477 (asbestos), art. 15(1), Annex II; Council Directive 86/188, supra note 31, at arts. 7(1), 12(2), Annex II; Council Directive 90/270, supra note 34, at art. 9(1), (2) (VDUs); Council Directive 90/394, supra note 34, at art. 14(7), Annex II; Council Directive 90/679, supra note 34, at art. 14(8), Annex IV.

222 Council Directive 82/605, supra note 31, at art. 4(1).

223 Council Directive 80/1107, supra note 18, at arts. 4(11), 5.

224 Council Directive 78/610, supra note 20, at art. 10(2), Annex II, pt. 2; Council Direc tive 90/394, supra note 34, at art. 14(7), Annex II, pt. 2; Council Directive 90/679, supra note 34, at art. 14(8), Annex IV, pt. 2.

225 Council Directive 78/610, supra note 20, at Annex II, 4 (VCM); Council Directive 80/ 836, supra note 19, at arts. 33, 35 (ionizing radiation); Council Directive 82/605, supra note 31, at arts. 5(2), 9(1); Council Directive 83/477, supra note 31, at art. 15(2); Council Directive 90/394, supra note 34, at art. 14(4); Council Directive 90/679, supra note 34, at art. 14(5).

226 Council Directive 78/610, supra note 20, at art. 5(1); Council Directive 80/836, supra note 19, at art. 26.

227 Council Directive 82/605, supra note 31, at art. 2(5); Council Directive 83/477, supra note 31, at art. 3(4); Council Directive 86/188, supra note 31, at art. 3(4).

228 Council Directive 82/605, supra note 31, at arts. 2(3), (4), 3, 4; Council Directive 83/ 477, supra note 31, at arts. 3(3), 7.

229 Council Directive 82/605, supra note 31, at arts. 2(3), (4), 3, 4.

230 Council Directive 83/477, supra note 31, at art. 3(3) amended by Council Directive 91/382, art. 1(1), 7. The measurements for chrysotile are 0.20 fibers and 12 fiber-days respectively.

231 Council Directive 90/394, supra note 34, at art. 3(2); Council Directive 90/679, supra note 34, at art. 3(2)(c); Council Directive 90/219, supra note 27, at art. 7(1)(iv).

232 See Council Directive 83/477, supra note 31, at art. 3(2); Council Directive 90/394, supra note 34, at art. 3(2); Council Directive 90/679, supra note 34, at art. 3(2); Council Directive 90/219, supra note 27, at art. 6.

233 Council Directive 89/654, supra note 35, at art. 6 (workplace); Council Directive 89/ 655, supra note 35, at art. 4(6) (use of workplace equipment).

234 See Council Directive 80/836, supra note 19, at art. 25 (ionizing radiation); Council Directive 83/ 477, supra note 31, at arts. 6(4), 13(1)(c)(v) (asbestos); Council Directive 90/394, supra note 34, at art. 10(1)(d) (carcinogens); Council Directive 90/679, supra note 34, at art. 8(1) (biological agents).

235 These measures should be distinguished from the term “occupational hygiene” as it appears in Article 118, 6th indent (EC) and in Article 7(1) of Council Directive 90/219 where it refers generally to hazard control and risk reduction.

236 Council Directive 89/654, supra note 34, at art. 6, 3d indent (workplace).

237 See Council Directive 83/477, supra note 31, at art. 13(1)(a)(iii); Council Directive 82/ 605, supra note 31, at arts. 2(2), 10(1)(a)(i); Council Directive 90/394, supra note 34, at art. 10(1)(a); Council Directive 90/679, supra note 34, at art. 8(1)(a).

238 See Council Directive 83/477, supra note 31, at art. 13(1)(b); Council Directive 82/605, supra note 31, at art. 10(1)(a)(ii).

239 See Council Directive 83/477, supra note 31, at art. 13(1)(c)(iv); Council Directive 82/ 605, supra note 31, at art. 10(1)(b)(iv); Council Directive 90/394, supra note 34, at art. 10(1)(b); Council Directive 90/679, supra note 34, at art. 8(2)(a).

240 See Council Directive 83/477, supra note 31, at art. 13(1)(c)(iii); Council Directive 82/ 605, supra note 31, at art. 10(1)(b)(iii); Council Directive 90/394, supra note 34, at art. 10(1)(b); Council Directive 90/679, supra note 34, at art. 8(2)(a).

241 See Council Directive 83/477, supra note 31, at art. 6(4); Council Directive 90/394, supra note 34, at arts. 5(4)(h); Council Directive 90/679, supra note 34, at art. 6(2)(d).

242 See Council Directive 80/836, supra note 19, at arts. 20, 21, 22; Council Directive 83/ 477, supra note 31, at art. 13(1)(a); Council Directive 90/394, supra note 34, at art. 5(3)(j); Council Directive 90/679, supra note 34, at art. 6(2)(e), Annex V, pts. 1, 3; Council Directive 90/219, supra note 27, at Annex IV, pt. 6.

243 Council Directive 89/391, supra note 4, at art. 7. The importance of clear organization is also stressed by the Second Action Program, pt. 12. 2nd Action Program, supra note 22, at pt. 12. See also Council Directive 90/270, supra note 34, at art. 1(2); Council Directive 90/ 394, supra note 34, at art. 1(3); Council Directive 90/679, supra note 34, at art. 1(3); Council Directive 90/219, supra note 27, at art. 7(1)(vi).

244 See Council Directive 90/394, supra note 34, at art. 1(3).

245 Council Directive 90/219, supra note 27, at art. 7(1)(vi).

246 Council Resolution of 21 December 1987, supra note 7, at Annex II, pt. 6. See also 1st Action Program, supra note 22, at Annex II, Initiative 6.

247 Council Directive 89/391, supra note 4, at art. 13(1).

248 Id. at art. 13.

249 See e.g., Council Directive 86/188, supra note 31, at art. 6(1); Council Directive 90/ 269, supra note 34, at art. 6(2) (heavy loads); Council Directive 90/270, supra note 34, at art. 6(1); Council Directive 90/394, supra note 34, at art. 11(1); Council Directive 90/679, supra note 34, at art. 9(1).

250 Council Directive 89/391, supra note 4, at art. 5(3).

251 See 1st Action Program, supra note 22, at Annex, II, Initiative 6; 2nd Action Program, supra note 22, at pt. 15; Council Resolution of 21 Dec. 1987, supra note 166, at pt. 6. See also Ecosoc's Opinion in 1993 OJ (C 249), supra note 7.

252 1st Action Program, supra note 22.

253 1st Action Program, supra note 22, at Annex I.

254 Title I, pt. 19.

255 Council Directive 80/836, supra note 19, at art. 24; Council Directive 78/610, supra note 20, at art. 8.

256 Council Directive 80/836, supra note 19, at arts. 31, 36(1); Council Directive 78/610, supra note 20, at art. 10(3).

257 Council Directive 80/836, supra note 19, at art. 40(2); Council Directive 78/610, supra note 20, at art. 9(2).

258 Council Directive 80/836, supra note 19, at art. 24; Council Directive 78/610, supra note 20, at art. 8.

259 Council Directive 80/1107, supra note 18, at arts. 4-6.

260 Id. at art. 6, 1st indent.

261 Council Directive 88/642, supra note 18, at art. 1(2)(b).

262 On this topic, see M. Biagi, From Conflict to Participation in Safety, Industrial Relations and the Working Environment in Europe, 6 INT'L J. COMP. LAB. L. & INDUS. REL. 67 (1990); H. Krieger, Participation of Employees' Representatives in the Protection of the Health and Safety of Workers in Europe, 6 INT'L J. COMP. LAB. L. & INDUS. REL. 217 (1990).

263 Physical Agents Proposal, supra note 21, at art. 1(3); Chemical Agents Proposal, supra note 30, at art. 1(4).

264 Council Directive 89/391, supra note 4, at art. 11.

265 Id. at art. 4(1).

266 Id. at art. 11(2), (3).

267 Id. at art. 11(6).

268 See Id. at art. 3(c).

269 Written Question No. 1284/93 by Mr. Bartho Pronk (PPE) to the Commission of the European Communities, Answer Given by Mr. Flynn on behalf of the Commission, 1994 OJ (C 25), 26 (re-asking Written Question 3151/92, 1993 OJ (C 162)).

270 Council Directive 89/391, supra note 4, at arts. 11(4), 12(3), (4).

271 Id. at art. 11(5).

272 Id. at art. 11(2).

273 Id.

274 Id. at art. 11(3).

275 Id. at art. 11(6).

276 Id. at art. 11(2)(a).

277 Id. at art. 11(2)(b) to (e).

278 Id. at art. 12(1).

279 Id. at art. 12(3).

280 Opinion of Health/Safety at the Work Place—Training, 1993 OJ (C 249), supra note 7. For an analysis of Ecosoc's small but important role in the legislative process of the EU see Raworth Philip, THE LEGISLATIVE PROCESS IN THE EUROPEAN COMMUNITY 56-60 (1993).

281 Council Directive 89/391, supra note 4, at art. 10(1), (3). See also Written Question No. 1284/93, supra note 269, at 26, 28, pt. 20.

282 Council Directive 89/391, supra note 4, at art. 11(5).

283 Council Regulation 2062/94, supra note 7, at arts. 3, 4.

284 Id. at art. 11(6).

285 See Council Directive 90/270, supra note 34, at arts. 1(2), 6, 8.

286 Council Directive 89/655, supra note 35, at art. 6(2); Council Directive 90/394, supra note 34, at arts. 11, 12; Council Directive 90/679, supra note 34, at arts. 9, 10. See also Transport Proposal, supra note 34, at art. 9(2).

287 Council Directive 90/394, supra note 34, at arts. 12(e), 14(6), 15(1); Council Directive 90/679, supra note 34, at arts. 10(4), 11(2), 14(4), (7) (biological agents).

288 See Council Directive 90/270, supra note 34, at art. 8.

289 Council Directive 90/219, supra note 27, at art. 7(1).

290 Council Directive 89/391, supra note 4, at art. 8(4).

291 See Council Directive 80/836, supra note 19, at art. 11(6).

292 Council Directive 78/610, supra note 20, at Annex II, 4 (VCM); Council Directive 80/ 836, supra note 19, at arts. 33, 35; Council Directive 82/605, supra note 31, at arts. 5(2), 9(1); Council Directive 83/477, supra note 31, at art. 15(2); Council Directive 90/394, supra note 34, at art. 14(4); Council Directive 90/679, supra note 34, at art. 14(5).

293 Written Question No. 1284/93, supra note 269, at 27, pt. 6.

294 See Council Directive 89/391, supra note 4, at art. 11(2).

295 See Council Directive 80/836, art. 39, supra note 19, at 12; Council Directive 82/605, art. 9(2), supra note 31, at 16; Council Directive 83/477, art. 15(4), supra note 31, at 29; Council Directive 90/394, supra note 34, at art. 14(6); Council Directive 90/679, supra note 34, at art. 14(7). The VCM directive contains no such provision.

296 Council Directive 80/1107, art. 6, supra note 18, at 10.

297 See OJ (C 77/93), art. 17; OJ (C 165/93), art. 14.

298 Council Directive 92/85, arts. 5, 11, supra note 34, at 3, 4.

299 Id. at art. 11(4).

300 Council Directive 93/104, art. 9(1)(b), supra note 34, at 21.

301 Council Directive 89/391, supra note 4, at art. 6(5).

302 Id. at arts. 12(4), 14(3).

303 Id. at art. 9(4).

304 See Council Directive 82/605, supra note 31, at art. 10(2); Council Directive 83/477, supra note 31, at art. 13(2); Council Directive 90/394, supra note 34, at art. 10(2); Council Directive 90/679, supra note 34, at art. 8(3).

305 Commission Recommendation 90/326, supra note 23. In its Social Charter Action Program (COM (89) 568) at Part 10A, the Commission disclaims any intention of proposing binding legislation on this topic.

306 Case 322/88, Grimaldi v. Fonds de Maladies Professionelles, 2 C.M.L.R. 265, 277-78 (1991).

307 Commission Recommendation 90/326, supra note 23, at pt. 1, Annex I.

308 Id. at Annex II.

309 Council Directive 78/610, supra note 20, at Annex II, pt. 1.

310 Council Directive 82/605, supra note 31, at Annex IV, pt. 1.

311 Council Directive 83/477, supra note 31, at Annex II, pt. 1.

312 Council Directive 90/394, supra note 34, at art. 2, Annex I.

313 Council Directive 94/27, supra note 139, at Pmbl., 3d recital.

314 Commission Recommendation 90/326, supra note 23, at pt. 2.

315 Spain, Belgium, and Greece exhibit such reluctance. See Commission Recommendation 90/326, supra note 23, which sets out the national rules of the member states in detail.

316 Id.

317 See RESCHENTHALER, supra note 1, at 31-33, 142.

318 Id.

319 Id. at 22-23.

320 Id. at 31-23.

321 Id. at 31.

322 Id. at 33.

323 Id. at 35.

324 Id. at 34.

325 Id.

326 Id. at 37, 38.

327 Id. at 39.

328 Id.

329 Council Directive 89/391, supra note 4, at art. 5(3).

330 EC TREATY art. 171.

331 EC TREATY art. 177. On this point, see Raworth, Philip, Article 177 of the Treaty of Rome and the Evolution of the Doctrine of the Supremacy of Community Law, Canadian, Y.B. INT'L L. 276 (1975).Google Scholar

332 See Case 152/84, Marshall v. Southampton and South West Hampshire Area Health Authority (Teaching), [1986] ECR 723, 749, 2 W.L.R. 780 (C.A. 1986); Paola Faccini Dori v. Recreb Sri, Case 91/92 (European Ct. J. July 14, 1994) (unpublished available in LEXIS, IntlawLibrary, Eccase File). A synopsis of this case can be found in THE TIMES (London), Aug. 4, 1994, at Features.

333 Council Directive 89/391, supra note 4, at art. 4(1).

334 Id. at art. 4(2).

335 Council Directive 80/836, supra note 19, at art. 40; Council Directive 92/85, supra note 34, at art. 12.

336 Commission Communication of its Program Concerning Safety, Hygiene and Health at Work, 1988 OJ (C 28), pt. 4.

337 See EC TREATY arts. 118a (1), (2), 30, 31.

338 Physical Agents Proposal, supra note 21, at Annex 1, pt. 2.

339 One is reminded of the words that the Austrian dramatist, Franz Grillparzer, attributed to a representative of the House of Hapsburg, which also attempted to create a multinational state in Europe: “Das ist der Fluch von unserm edeln Haus: Auf halben Wegen und zu halber Tat Mit halben Mitteln zauderhaft zu streben.” Bruderzwist im Hause Habsburg, 11. 921-23.