A) Key messages 

1. The figures used in the impact assessment undertaken by the European Commission do not reflect the reality of the construction industry and therefore they do not constitute a reliable basis for supporting the proposal submitted. 2. Including “Respirable Crystalline Silica” dust generated by a work process (hereafter : RCS) in the scope of the “Carcinogens” Directive would introduce requirements on construction companies which are disproportionate in respect to the objectives to be achieved, in particular for medium and small-sized enterprises. The Chemical Agents directive (98/24/EC) would be a more appropriate framework providing an adequate level of protection to workers, whilst at the same time avoiding disproportionate burdens for employers.
3. In order to be effectively implemented a limit exposure level must be proportionate to the concerned occupational risk and be technically measurable. It should therefore not go below the proposed level of 0.1 mg/m3 .
4. Further improvements in the protection of workers can more efficiently be achieved by means of preventive actions through dissemination and exchange of best practices. 

On 13/5/2016 the European Commission presented a proposal for amending the existing “Carcinogens” Directive (2004/37/EC) with the aim of improving workers’ health protection by reducing occupational exposure to carcinogenic chemical agents. The Commission proposes to revise or to introduce exposure limit values for 13 chemical agents, including “exposure to respirable crystalline silica dust generated by a work process” with a corresponding limit value, defined in Annex III, of 0.1 mg/m3 . The Directive sets a number of general minimum requirements to eliminate or reduce exposure for all carcinogens and mutagens falling under its scope. Employers must identify and assess risks to workers associated with exposure to specific carcinogens (and mutagens), and must prevent exposure where risks occur. Substitution to a non or less-hazardous process or chemical agent is required where this is technically possible. Where substitution is not technically possible chemical carcinogens must, as far as it is technically possible, be manufactured and used in a closed system to prevent exposure. Where this is not technically possible, worker exposure must be reduced to as low a level as is technically possible (minimisation obligation under Article 5(2) and Article 5 (3) of the Directive). More>>>