Subject: Protection for workers at Metropolitano de Tenerife
Directive (EU) 2017/2398 of the European Parliament on the protection of workers from the risks related to exposure to carcinogens or mutagens at work states, in recital 18, states that ‘There is sufficient evidence of the carcinogenicity of respirable crystalline silica dust.’ Recital 19 then sets out measures to prevent or minimise exposure. The directive was transposed into Spanish law by Royal Decree 1154/2020 of 22 December 2020. The public company Metropolitano de Tenerife, S. A., which belongs to the Tenerife Island Council, has repeatedly failed to comply with the directive: at the time of writing, it has refused to replace the silica sand used by its trams for braking or introduce all the preventive measures set out in the royal decree. This state of affairs has generated a collective conflict that has gone on indefinitely since 17 March 2023
In the light of the above:
1. Is the Commission planning to take action for non-compliance with the directive? If so, what kind of action?
2. What mechanisms does the Commission have regarding protection for workers against hazardous substances?
Submitted: 4.10.2023
Answer given by Mr Schmit on behalf of the European Commission
(15 November 2023)
1. Directive (EU) 2017/2398 (1), amending Directive 2004/37/EC (2), includes work involving exposure to respirable crystalline silica dust generated by a work process in Annex I to Directive 2004/37/EC and establishes an occupational exposure limit of 0.1 mg/m3 for respirable crystalline silica dust (3) in its Annex III.
Article 4(1) requires the employer to reduce the use of, among others, a carcinogen at the place of work, in particular by replacing it by a substance which is not dangerous or is less dangerous, in so far as is technically possible. Upon request, the employer is to submit the findings of his investigations in this regard to the relevant authorities (4).
Spain transposed these directives (5) and the Commission has not received information regarding the specific case of a possible non-compliance mentioned by the Honourable Member. Without prejudice of the powers of the Commission as guardian of the Treaties, it is primarily for its competent authorities (e.g. the labour inspectorates) to ensure that the national legislation is properly enforced at workplace level. The Commission would take action in case of non-conformity of national law with EU law or of a systematic incorrect application of EU law.
2. There is a large body of EU legislation on occupational safety and health, including the framework Directive 89/391/EEC (6) and its related Directives in the area of chemicals, i.e. Directive 98/24/EC (7) and Directive 2004/37/EC, protecting workers from hazardous substances. The latter directives are updated regularly, when there is need to reflect new scientific findings concerning dangerous chemicals, or as a result of the five-yearly ex-post evaluation of the health and safety at work directives (8), which may signal any needs for improvement.
1 ∙ ⸱ Directive (EU) 2017/2398 of the European Parliament and of the Council of 12 December 2017 amending Directive 2004/37/EC on the protection of workers
from the risks related to exposure to carcinogens or mutagens at work, OJ L 345, 27.12.2017, p. 87. 2 ∙ ⸱ Directive 2004/37/EC of the European Parliament and of the Council of 29 April 2004 on the protection of workers from the risks related to exposure to carcinogens or mutagens at work (Sixth individual Directive within the meaning of Article 16(1) of Council Directive 89/391/EEC), OJ L 158, 30.4.2004, p. 50. 3 ∙ ⸱
Applicable to the ‘respirable fraction’. 4 ∙ ⸱
Article 4(2) of Directive 2004/37/EC. 5 ∙ ⸱
Establishing a (more protective) limit value of 0,05 mg/m3 for respirable crystalline silica dust (Real Decreto 1154/2020, BOE 334, Sec. I. pg. 118821). 6 ∙ ⸱ Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work, OJ L 183, 29.6.1989, p. 1. 7 ∙ ⸱
Council Directive 98/24/EC of 7 April 1998 on the protection of the health and safety of workers from the risks related to chemical agents at work, OJ L 131, 5.5.1998, p. 11. 8 ∙ ⸱
See Article 17a of Directive 89/391/EEC.