European legislation its effect on health and safety. Does policy inhibit business success?

Gary Booton

Director of Health, Safety & Environment

Overview

Drivers for community law How ideas become law Routes of influence The uneven playing field –examples

– Vibration– Noise– EMF– Optical, and– Stress

Conclusion

Drivers for community law

Health and safety action plan Commission ideas Events

How ideas become law.

Expert working groups Council of Ministers European Parliament Conciliation

Routes of influence.

Expert working group Commission MEPs Pressure Groups EEF Member companies

The uneven playing field

Legal differences U.K. implementation Infraction proceedings

Europe - Physical Agents - Vibration

Whole Body

– Action level, 0.8 m/s2

– Limit Value. 1.15 m/s2

Hand-Arm vibration

– Action Level, 2.5 m/s2

– Limit Value, 5 m/s2

The Physical Agents (Vibration) DirectiveHAVs/WBV.

Physical Agents - Noise

1st Action Level, 80dB(A)

Upper Action Level, 85 dB(A)

Limit Value, 87dB(A)

Physical Agents (Noise) Directive.

Physical Agents (Electro-magnetic fields) directive

New EMF Physical Agents Directive

Is EMF harmful? Implications for manufacturing

How can EMF effect people?

Power Frequency Small electrical currents can

flow through the body The current could interfere with

the nerves Brain and spinal-cord

particularly relevant Stimulation of nerves/muscles

could result Micro-shocks

How can EMF effect people?

Mobile Phone Higher frequency & therefore

heating not electrical stimulation

‘in design’ limits heating will not exceed that produced by light exercise

Where in business is EMF encountered?

Electric arc welding (MMA, MIG, TIG, spot)

RF Welding of plastics Dielectric heating Electro-plating Induction furnaces Security systems (Retail,

airport) MRI Radar Micro-wave communications

Cost benefit assessment

European Commission 1992.Lack of time meant it was impossible to base the study on extensive studies in Member States the economic benefit of avoiding health impairment of accidents usually offsets costsCosts will be offset by reduced compensation & yet no compensation has been paid for EMF exposure

Cost benefit assessment

HSE April 2003 We are …unable to identify any

health and safety benefits from the Directive.

Quantified one-off costs range from approximately £50.8 to 161.7 million, while annual recurring costs range from approximately £59 to 158 million.

The ten year present value of these costs is between £0.5 - £1.5 billion.

Benefits = £0

Physical Agents (Optical Radiation)

Same format as other PA directives

EL for man-made sources of optical radiation

Manage exposure to natural UV Processes include welding,

lasers, foundries Etc No Regulatory impact

assessment Adoption??

Physical Agents Directives – the problems

Noise – a real issue; lack of justification/design/consultation/project management.

Vibration – 1 real issue 1 fake, No realism EMF – no real issue, no epidemiology Optical – real issue but no change promised by HSE

Managing Stress

“Stress is the reaction that people have when they worry that they can’t cope with the pressures or other types of demand placed upon them.”

EU negotiated agreement Directive next?

Conclusions.

Diverting business from the real issues is dangerous Lack of a level playing field across EU The outcome isn’t inevitable Get in as early as possible Organise to survive! Does policy inhibit business success?

Gary Booton,Director of H, S&EEEF- the manufacturers’ organisation

www.eef.org.uk