Directive 2023/2668 - Amendment of Directive 2009/148/EC on the protection of workers from the risks related to exposure to asbestos at work - Main contents

Official Journal

of the European Union

EN

Series L

2023/2668

30.11.2023

Directive 2009/148/EC of the European Parliament and of the Council (4) aims to protect workers against risks to their safety and health from exposure to asbestos at work. A consistent level of protection from the risks related to the occupational exposure to asbestos is provided for in that Directive by a framework of general principles to enable Member States to ensure the consistent application of minimum requirements. The aim of those minimum requirements is to protect workers at Union level, while more stringent provisions can be set by Member States.

The provisions of this Directive should apply without prejudice to the provisions of Directive 2004/37/EC of the European Parliament and of the Council (5) that are more favourable to workers with regard to health and safety at work.

Asbestos is a highly dangerous carcinogenic agent, which still affects various economic sectors, such as building renovation, mining and quarrying, waste management and firefighting, in which workers are at high risk of exposure. Asbestos is classified as carcinogen category 1A pursuant to Annex VI, Part 3, to Regulation (EC) No 1272/2008 of the European Parliament and of the Council (6). According to the European occupational diseases statistics, it is by far the major cause of occupational cancer, with as much as 78 % of occupational cancers recognised in the Member States as being related to exposure to asbestos. When inhaled, airborne asbestos fibres can lead to serious diseases such as mesothelioma and lung cancer, and the first signs of disease may take an average of 30 years from the moment of exposure to manifest, ultimately leading to work-related deaths. This Directive therefore applies to all activities, including construction, renovation and demolition work, waste management, mining and firefighting, during which workers are or may be exposed in the course of their work to dust arising from asbestos or materials containing asbestos.

In line with the Health in all Policies approach, the protection of workers’ health from exposure to asbestos has a cross-cutting dimension and is relevant to numerous Union policies and activities, in particular in the field of the environment, where Union action is to contribute, inter alia, to the protection of human health. The Union also has an important role to play at the international level to lead by example as regards the prevention of asbestos-related diseases and to work with other international organisations and third countries to achieve a global ban of asbestos. In addition, this Directive applies in synergy with other Union initiatives.

There are types of exposure to asbestos that do not result from the active handling of asbestos. Such types of exposure include passive exposure, where workers who work either in the vicinity of someone working with materials containing asbestos, or in premises where materials containing asbestos...