Directive on optical radiation

On Tuesday the European Parliament's plenary session will vote on amendments to a proposal for a directive on the minimum health and safety requirements on the exposure of workers to the risks from optical radiation.

The proposed directive addresses exposure to artificial as well as natural sources of radiation (sunlight). It aims to establish limit values for exposure to artificial radiation sources on one hand and sets out a preventive approach for addressing exposure to sunlight on the other.

The FOI is concerned that the proposed directive treats sunlight in the same way as other sources of optical radiation that are directly under the control of the employer. In view of this, the FOI raised its views with the Maltese MEPs and forwarded them a letter drawn up by the Union of Industrial and Employers Confederations of Europe (of which the FOI is an active member) addressed to Commissioner Vladimir Spidla.

The letter outlines the concerns of European employers on the proposed directive. The FOI urged the Maltese MEPs to take these concerns into consideration when voting on the proposed directive next week.

In its letter, UNICE stressed that, as climatic conditions and work situations vary considerably throughout Europe and only very specific activities or professions are concerned by risks linked to occupational exposure to sunlight, it was not appropriate to require every single employer in the EU to take action in this field and impose the implementation of a specific risk assessment and of continuous and detailed action programmes.

Moreover, it was pointed out that an employer cannot be expected to prevent, manage and control exposure to sunlight in the same way as exposure to risks that are exclusively related to the production process. Exposure to sunlight is first and foremost a public health issue. Exposure occurs in various circumstances, which are beyond the control of employers and for which they cannot be held liable.

The amendment proposed by the European Parliament's Employment and Social Affairs Committee was welcomed since it would leave it up to the member states to decide whether to define specific risk assessment obligations for employers regarding sunlight. However, from a legal point of view, UNICE recommended that it would be preferable to exclude exposure to sunlight from the scope of the proposed directive altogether.

UNICE strongly believes that not all issues, particularly those falling in the public health domain and not systematically and generally occupational health issues, are most appropriately addressed through legal provisions. Instead, a particular focus should be put on practical guidance for managing professional solar radiation exposure situations and on enhanced sectoral prevention efforts and awareness-raising to help deal with these situations successfully where they are most likely to arise.

In the letter, reference was also made to a compromise proposed by the British Presidency on July 15, as well as the importance of a proper feasibility and socio-economic impact assessment of the legislative proposal on optical radiation currently under discussion.