Exposure of Workers to the Risks arising from Electromagnetic Fields: Publication of New European Directive 2013/35/EU

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16 Νοε 2013 (πριν από 3 χρόνια και 8 μήνες)

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Exposure of
W
orkers to the
Risks arising from E
lectromagnetic
F
ields:

Publication of New European Directive 2013/35/EU

On June 29, 2013 has been issued in OUEJ, the Directive 2013/35/EU OF THE

EUROPEAN PARLIAMENT AND OF THE COUNCIL of 26 June 2013 on the minimum

health and safety requirements regarding the exposure of workers to the risks arising

from physical agents (elec
tromagnetic fields).

Definitions

EMF (ElectroMagnetic Fields): A term used to describe the electric and magnetic radiation emitted by an
electrical appliance. They occur in many applications li
ke home, office or factory, car, trucks and buses, and
overhead tram and train lines.


EMF and EMC (ElectroMagnetic Compatibility): Although both these phenomena deal with electromagnetic
emissions, they have two different types of requirements. EMF conc
erns the safety of people; whereas EMC
addresses the impact of electromagnetic interferences with regards to appliance operation.


Exposure of people to electromagnetic fields: Under European regulations, EMF requirements fix the limiting
thresholds of e
xposure which can differ for the general public and workers.


Exposure limit values (ELVs): Values established on the basis of biophysical and biological considerations, in
particular on the basis of scientifically well
-
established short
-
term and acute d
irect effects, i.e. thermal effects
and electrical stimulation of tissues.


Historical and Regulatory Context

Directive 2013/35/EU is 20th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC
on the introduction of measures to
encourage improvements in the safety and health of workers at work.


Directive 2013/35/EU repeals Directive 2004/40/EC on the minimum health and safety requirements
regarding the exposure of workers to the risks arising from physical agents (electromagnetic

fields) that has
been amended twice (Directive 2004/40/EC and Directive 2012/11/EU) to postpone the deadline for
transposition.


Scope

Directive 2013/35/EU 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.


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


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.


Exclusions

Directive 2013/35/EU does not cover:


The suggest
ed long
-
term effects


The risks resulting from contact with live conductors.








Obligation of
E
mployers


Determination

of
E
xposure and
A
ssessment of R
isks

Employers must ensure that the exposure of workers to electromagnetic fields in workplace, is limited to the health effects E
LVs
and sensory effects ELVs set out in Annex II, for non
-
thermal effects, and in Annex III, for thermal effects.


Compliance with h
ealth effects ELVs and sensory effects ELVs must be established by the use of relevant exposure risks
assessment procedures with a particular focus on workers who wear active or passive implanted medical devices, workers with
medical devices worn on the bo
dy, and pregnant workers.


Provisions
A
imed at
A
voiding or
R
educing
R
isks

The employer shall take the necessary actions to ensure that risks arising from
electromagnetic fields at the workplace are
eliminated or reduced to a mi
nimum.

The employer shall devise and implement an action plan that shall include technical

and/or organisational measures to prevent exposure exceeding the health effects ELVs

and sensory effects ELVs.


If the

health effects ELVs and sensory effects ELVs are exceeded, the employer shall take

immediate action to reduce exposure
below these ELVs.


Worker
I
nformation and
T
raining

The employer shall ensure that workers who are likely to be exposed to risks from electromagnetic fields at work and/or their

representatives receive any necessary information and training relating to the outcome of the risk assessment provided for in

Arti
cle 4 of this Directive.


Derogation

Special measures are taken for workers in the field of Magnetic Resonance Imaging due to the overrun of ELVs.


Exposure may exceed the ELVs if the exposure is related to the installation, testing, use, development, main
tenance of or
research related to magnetic resonance imaging (MRI) equipment for patients in the health sector.


An equivalent or more specific protection system may be allowed to be implemented for personnel working in operational milita
ry
installations or

involved in military activities, including in joint international military exercises, provided that adverse health effects
and safety risks are prevented.


Dates


Entry into force: Directive 2013/35/EU entries into force on June 29, 2013.


Repeal: Direc
tive 2004/40/EC is repealed from 29 June 2013.

References to the repealed Directive shall be construed as references to the Directive 2013/35/EU.


Transposition/Application: Later than July 1, 2016.




Contact information

Bureau Veritas can assist with testing and compliance with EMF requirements. To request assistance, please contact your local

office
o
r

Paule P
rimet, Regulatory Affairs

via email at
paule.primet@fr.bureauveritas.com

or tel:
+33 1 40 95 61 59

or

Sandie Caudal, EMC and Radio Expert
via email at

sandie.caudal@fr.bureauveritas.com
or tel:

+33 1 40 95 62 28





Bureau Veritas Consumer Products Services, Inc. (“BVCP
S”) provides the information in this client bulletin as a resource of general information. It does not replace
any applicable legal or regulatory requirements and is provided “as is.” BVCPS will not be liable for any indirect, special,
punitive, consequent
ial or other damages
(including without limitation lost profits) of any kind in connection with this client bulletin. BVCPS DISCLAIMS ALL REPRESEN
TATIONS AND WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND

FIT
NESS FOR A PARTICULAR PURPOSE, IN
CONNECTION WITH THIS CLIENT BULLETIN


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July 2013, 13B
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