¹ An earlier Canadian study observes pertinently:

G.B. RESCHENTHALER, OCCUPATIONAL HEALTH AND SAFETY IN CANADA 16 (1979).

² North American Agreement on Labor Cooperation, September 1993, reproduced in J.R. HOLBEIN & D.J. MUSCH, NAFTA: THE PRACTITIONER'S DESKBOOK GUIDE (1994).

³ The European Union was created by the Treaty on European Union, popularly known as the Maastricht Treaty, and came into being on November 1, 1993. TREATY ON EUROPEAN UNION [TEU TREATY]. It subsumes the original three European Communities consisting of the European Coal and Steel Community (ECSC), the European Community (EC) (formerly the European Economic Community (EEC)) and the European Atomic Energy Community (EAEC). TEU TREATY, tit. II. Legislation enacted by all three Communities constitutes EU legislation and is so called in the text except where it is necessary to single out the Community involved.

⁴ Council Directive 89/391, pmbl., 1989 OJ (L 183).

⁵ See TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY [EEC TREATY] pmbl., amended by TREATY ESTABLISHING A SINGLE COUNCIL AND A SINGLE COMMISSION OF THE EUROPEAN COMMUNITIES [MT] and SINGLE EUROPEAN ACT [SEA]. The EEC Treaty was further amended by the TEU and the name of the EEC was changed to the EC. TEU TREATY, art. G(I). This latest version of the treaty is referred to in this Article as the EC TREATY.

⁶ See TEU TREATY, pmbl., arts. B, G(B)(2).

⁷ See Council Resolution of 21 December 1987 on Safety, Hygiene and Health at Work and an Accompanying Commission Communication, pt. 1(4), 1988 OJ (C 28) [hereinafter 1988 Program]; Comments of the Economic and Social Committee (Ecosoc), pt. 1.1, 1993 OJ (G 249) 12; Community Charter of the Fundamental Social Rights of Workers, tit. I, pt. 19, COM(89) 471. The Charter was adopted by eleven member states at Strasbourg on December 9, 1989. See Council Regulation 2062/94, preamble, 1st recital, 1994 OJ (L 216).

⁸ TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY [EAEC TREATY] arts. 30, 31.

⁹ In this context, it is noteworthy that Council Directive 92/91, 1992 OJ (L 348) 9, and Council Directive 92/104, 1992 OJ (L 404), on health protection in the mineral-extracting industries are both based exclusively on the EEC Treaty.

¹⁰ See EC TREATY arts. 117, 118, 118a(I). Lammy Betten maintains that Article 118a taken as a whole may be interpreted as giving the Community exclusive jurisdiction over occupational health. It is difficult to see how the Treaty provisions can bear such an interpretation. Lammy Betten, Prospects for a Social Policy of the European Community and Its Impact on the Functioning of the European Social Charter, in THE FUTURE OF EUROPEAN SOCIAL POLICY 107, 122 (L. Betten ed. 1991).

¹¹ EC TREATY art. 118a(2).

¹² The paragraph reads as follows: “Member States shall pay particular attention to encouraging improvements, especially in the working environment, as regards the health and safety of workers, and shall set as their objective the harmonization of conditions in this area, while maintaining the improvements made.” Id.

¹³ Council Directive 89/391, supra note 4, at 2nd recital. See also EC TREATY art. 1(1).

¹⁴ EC TREATY art. 3(b). However, in its Social Charter Action Program, the Commission lists occupational health as an area where Community legislation is necessary. COM(89) 568 final at pt. 1(5).

¹⁵ EC TREATY protocol 14.

¹⁶ Id. art. 2.

¹⁷ Id. art. 4(1). Under art. 4(2), such agreements may be implemented by a Council Decision at the joint request of management and labor.

¹⁸ Council Directive 80/1107 of 27 November 1980 on the Protection of Workers from the Risks Related to Exposure to Chemical, Physical and Biological Agents at Work, 1980 OJ (L 327) 8, amended by Council Directive 88/642, 1988 OJ (L 356), and Council Directive 91/322, 1991 OJ (L 177).

¹⁹ The main directive is Council Directive 80/836 of 15 July 1980 Amending the Directives Laying Down the- Basic Safety Standards for the Health Protection of the General Public and Workers Against the Dangers of Ionizing Radiation, 1980 OJ (L 246) 1, amended by Council Directive 84/467, 1984 OJ (L 265). There is a further amendment proposed by the Commission in 1993 OJ (C 345/93).

²⁰ Council Directive 78/610 of 29 June 1978 on the Approximation of the Laws, Regulations and Administrative Provisions of the Member States on the Protection of the Health of Workers Exposed to Vinyl Chloride Monomer, 1978 OJ (L 197) 12.

²¹ Council Directive 92/29 of 31 March 1992 on the Minimum Safety and Health Require ments for Improved Medical Treatment on Board Vessels, 1992 OJ (L 113) 19. There is also a proposed independent directive on the protection of young people at work. Proposal for a Council Directive on the Minimum Health and Safety Requirements Regarding the Exposure of Workers to the Risks Arising from Physical Agents, 1993 OJ (C 77) 12 [hereinafter Physical Agents Proposal].

²² Council Resolution of 21 January 1974 concerning a social action program, 1974 OJ (C 13); Council Resolution of 29 June 1978 on an Action Programme of the European Communi ties on Safety and Health at Work, 1978 OJ (C 165) 1 [hereinafter 1st Action Program]; Council Resolution of 27 February 1984 on a Second Programme of Action of the European Communi ties on Safety and Health at Work, 1984 OJ (C 67) [hereinafter 2nd Action Program]; 1988 Program, supra note 7.

²³ Commission Recommendation to the Member States Concerning the Adoption of a Euro pean Schedule of Occupational Diseases, 1990 OJ (C 326) [hereinafter Commission Recommen dation 90/326].

²⁴ This entity is set up by Council Regulation 2062/94, supra note 7.

²⁵ Council Directive 87/217 of 19 March 1987 on the Prevention and Reduction of Envi ronmental Pollution by Silicone Fibers, 1987 OJ (L 85/87).

²⁶ See Council Directive 67/548 on the Approximation of Regulatory and Administrative Laws Relating to the Classification, Packaging and Labeling of Hazardous Substances, 1967 OJ (L 196); Council Directive 88/379 of 7 June 1988 on the Approximation of the Laws, Regula tions and Administrative Provisions of the Member States Relating to the Classification, Pack aging and Labelling of Dangerous Preparations, 1988 OJ (L 187); Council Directive 76/769 on the Approximation of the Laws, Regulations and Administrative Provisions of the Member States Relating to Restrictions on the Marketing and Use of Certain Dangerous Substances and Preparations, 1976 OJ (L 262). All three directives have been amended over the years, in particular Council Directives 67/548 and 76/769.

²⁷ Council Directive 90/219 of 23 April 1990 on the Contained Use of Genetically Modified Micro-Organisms, 1990 OJ (L 117).

²⁸ See Council Directive 79/113 of December 1978 on the Approximation of the Laws, Regulations and Administrative Provisions of the Member States Relating to Determining Noise Emissions of Engines and Construction Equipment, 1979 OJ (L 33), amended by Council Directive 81/1051, 1981 OJ (L 376), and Council Directive 85/405, 1985 OJ (L 233); Council Directive 84/533 of 17 September 1984, 1984 OJ (L 300), amended by Council Directive 85/ 406, 1985 OJ (L 233); Council Directive 84/534 of 17 September 1984, 1984 OJ (L 300), amended by Council Directive 87/405, 1987 OJ (L 220); Council Directive 84/535 of 17 September 1984, 1984 OJ (L 300), amended by Council Directive 85/407, 1985 OJ (L 233); Council Directive 84/536 of 17 September 1984, 1984 OJ (L 300), amended by Council Directive 85/408, 1985 OJ (L 233); Council Directive 84/537, 17 September 1984, 1984 OJ (L 300), amended by Council Directive 85/409, 1985 OJ (L 233); Council Directive 86/662 of 22 December 1986, 1986 OJ (L 384), amended by Council Directive 89/514, 1989 OJ (L 253).

²⁹ See Council Directive 89/392 of 14 June 1989 on the Approximation of the Laws of the Member States Relating to Machinery, 1989 OJ (L 183), amended by Council Directive 91/368, 1991 OJ (L 198), and Council Directive 93/44, 1993 OJ (L 175); Council Directive 89/686 of 21 December 1989 on the Approximation of the Laws of the Member States Relating to Personal Protective Equipment, 1989 OJ (L 399). There is a proposal to amend Council Directive 89/ 686. Amended Proposal for a Council Decision Amending Directive 89/686, 1993 OJ (C 199).

³⁰ See Physical Agents Proposal, supra note 21, at art. 17; Proposal for a Council Directive on the Protection of the Health and Safety of Workers from the Risks Related to Chemical Agents at Work, art. 14, 1993 OJ (C 165) 49 [hereinafter Chemical Agents Proposal].

³¹ Council Directive 82/605 of 28 July 1982 on the Protection of Workers from the Risks Related to Exposure to Metallic Lead and Ionic Compounds at Work, 1982 OJ (L 247) 12; Council Directive 83/477 of 19 September 1983 on the Protection of Workers from the Risks Related to Exposure to Asbestos at Work, 1983 OJ (L 263) 25, amended by Council Directive 91/382, 1991 OJ (L 206); Council Directive 86/188 of May 1986 on the Protection of Workers from the Risks Related to Exposure to Noise at Work, 1986 OJ (L 137) 28; Council Directive 88/364 of 9 June 1988 on the Protection of Workers by the Banning of Certain Specified Agents and/or Certain Work Activities, 1988 OJ (L 179) 44.

³² Council Directive 80/1107, supra note 18, at art. 1(2).

³³ Id.

³⁴ See Council Directive 90/269 of 29 May 1990 on the Minimum Health and Safety Requirements for the Manual Handling of Loads Where There is a Risk Particularly of Back Injury to Workers, art. 1(2), 1990 OJ (L 156); Council Directive 90/270 of 29 May 1990 on the Minimum Health and Safety Requirements for Work with Display Screen Equipment, art. 1(2), 1990 OJ (L 156); Council Directive 90/394 of 28 June 1990 on the Protection of Workers from the Risks Related to Exposure to Carcinogens at Work, art. 1(3), 1990 OJ (L 374); Council Directive 90/679 of 12 October 1993 on the Protection of Workers from the Risks Related to Exposure to Biological Agents at Work, 1990 OJ (L 374), amended by Council Directive 93/88, art. 1(3), 1993 OJ (L 268); Council Directive 92/57 of 24 June 1992 on the Implementation of Minimum Safety and Health Requirements at Temporary or Mobile Construction Sites, art. 1(3), 1992 OJ (L 245) 7; Council Directive 92/58 of 24 June 1992 on the Minimum Requirements for the Provision of Safety and/or Health Signs at Work, art. 1(4), 1992 OJ (L 245) 24; Council Directive 92/85 of 19 October 1992 on the Introduction of Measures to Encourage Improve ments in the Safety and Health at Work of Pregnant Workers who have Recently Given Birth or are Breastfeeding, art. 1(2), 1992 OJ (L 348); Council Directive 92/91 of 3 November 1992 Concerning the Minimum Requirements for Improving the Safety and Health Protection of Workers in the Mineral-Extracting Industries Through Drilling, art. 1(2), 1992 OJ (L 348) 9; Council Directive 92/104, supra note 9, at 11, art. 1(2); Council Directive 93/103 Concerning the Minimum Safety and Health Requirements for Work on Board Fishing Vessels, 1993 OJ (L 307); Council Directive 93/104 of 23 November 1993 Concerning Certain Aspects of the Organization of Working Time, art. 1(3), 1993 OJ (L 307) 18. There are also outstanding proposals for directives on physical agents, transport activities, chemical agents and to amend Council Directive 89/655. Physical Agents Proposal, supra note 21, at 17; Commission Amended Proposal for a Council Decision concerning the minimum safety and health requirements for transport activities and workplaces on means of transport, 1993 OJ (C 294) [hereinafter Transport Proposal]; Chemical Agents Proposal, supra note 30, at 4; Commission Proposal to Amend Council Directive 89/655 on the Minimum Safety and Health Requirements for the Use of Work Equipment by Workers at Work, 1994 OJ (C 104) 4.

³⁵ Council Directive 89/654 of 30 November 1989 Concerning the Minimum Safety and Health Requirements for the Workplace, art. 1(3), 1989 OJ (L 393); Council Directive 89/655 of 4 November 1989 Concerning the Minimum Health and Safety Requirements for the Use of Work Equipment by Workers at Work, art. 1(2), 1989 OJ (L 393); Council Directive 89/656 of 30 November 1989 on the Minimum Health and Safety Requirements for the Use by Workers of Personal Protective Equipment at the Workplace, art. 1(2), 1989 OJ (L 393).

³⁶ Council Directive 89/391, supra note 4, at art. 4.

³⁷ Council Directive 80/836, supra note 19, at 12, art. 40 (Euratom).

³⁸ Council Directive 92/85 of 19 October 1992, supra note 34, at art. 12.

³⁹ See Council Directive 93/104, supra note 34; Council Directive 90/679, supra note 34; Council Directive 90/270, supra note 34; Council Directive 90/269, supra note 34.

⁴⁰ See Council Directive 93/104, supra note 34; Council Directive 93/103, supra note 34; Council Directive 92/104, supra note 9; Council Directive 92/91, supra note 9; Council Direc tive 92/85, supra note 34; Council Directive 92/57 of 24 June 1992 on the Implementation of Minimum Safety and Health Requirements at Temporary or Mobile Construction Sites (eighth individual directive within the meaning of Article 16(1) of Directive 89/391), 1992 OJ (L 245) 6; Council Directive 92/29, supra note 21.

⁴¹ Council Directive 89/391, supra note 4, at art. 2(1).

⁴² Id. at art. 2.

⁴³ Council Directive 88/364, supra note 31; Council Directive 76/769, supra note 26, at Annex I (as amended).

⁴⁴ Physical Agents Proposal, supra note 21, at 12.

⁴⁵ Chemical Agents Proposal, supra note 30, at 4.

⁴⁶ Physical Agents Proposal, supra note 21, at 12.

⁴⁷ Council Directive 89/391, supra note 4, at arts. 10(1), 11(1), 11(2).

⁴⁸ For those readers not familiar with the concept of direct effect, see the discussion in Kapteyn P.J.G. AND Verloren van Themaat P., INTRODUCTION TO THE LAW OF THE EUROPEAN COMMUNITIES, DEVENTER 330-48 (1990).

⁴⁹ See Marshall v. Southampton and South West Hampshire Area Health Authority (Teaching), Case 152/84, [1986] ECR 723, 749, 2 W.L.R. 780 (CA. 1986); Paola Faccini Dori v. Recreb Sri, Case 91/92 (European Ct. J. July 14, 1994) (unpublished available in LEXIS, Intlaw Library, Eccase File). A synopsis of this case can be found in THE TIMES (London), Aug. 4, 1994, at Features.

⁵⁰ See Council Directive 89/391, supra note 4, at art. 1(3); (relating to art. 118a(3) of the EC TREATY).

⁵¹ See Council Directive 78/610, supra note 20, at 14, art. 10(2) (VCM); Council Directive 80/836, supra note 19, at 11, 12, arts. 34 (ionizing radiation); Council Directive 82/605, supra note 31, at 14, art. 4 (lead); Council Directive 83/477, supra note 31, at 29, art. 15 (asbestos); Council Directive 86/188, supra note 31, at 32, art. 12(1) (noise); Council Directive 90/394, supra note 34, at art. 14(7) (carcinogens); Council Directive 90/679, supra note 34, at art. 14(8) (biological agents).

⁵² Council Directive 83/477, supra note 31, at 29, art. 15(1).

⁵³ Council Directive 86/188, supra note 31, at 34, art. 12(2), Annex II, pt. 2.

⁵⁴ Chemical Agents Proposal, supra note 30, at Annex, pt. 10.2.

⁵⁵ Council Directive 78/610, supra note 20, at 13, art. 4(1).

⁵⁶ Council Directive 82/605, supra note 31, at 14, art. 4(2). See also Chemical Agents Proposal, supra note 30, at Annex, pt. 10.2.

⁵⁷ See Council Directive 80/836, supra note 19, at 8, art. 14 (ionizing radiation); Council Directive 83/477, supra note 31, at 27, art. 7(1) (asbestos).

⁵⁸ Council Directive 90/269, supra note 34, at art. 4(a); Council Directive 90/270, supra note 34, at art. 3(1); Council Directive 90/219, supra note 27, at art. 6(2); Chemical Agents Proposal, supra note 30, at art. 3(2).

⁵⁹ Council Directive 80/1107, supra note 18, at 9, art. 4(4), amended by Council Directive 86/642, art. 1(2)(a), 1986 (L 642); Council Directive 89/391, supra note 4, at arts. 6(3)(a), 9(1)(a).

⁶⁰ Council Directive 78/610, supra note 20, at art. 3(1), (2) (VCM); Council Directive 80/ 836, supra note 19, at arts. 6-10, 26-28 (ionizing radiation); Council Directive 82/605, supra note 31, art. 2(1), (2) (lead); Council Directive 83/477, supra note 31, at art. 3(2), (3) (asbestos); Council Directive 86/188, supra note 31, at arts. 3(1), 4(1) (noise); Physical Agents Proposal, supra note 21, at arts. 2(2), 4(1).

⁶¹ Council Directive 90/394, supra note 34, at art. 3(2) (carcinogens); Council Directive 90/679, supra note 34, at art. 3(2)(a) (biological agents); Council Directive 92/85, supra note 34, art. 4(1) (pregnant and breast-feeding workers).

⁶² Ambient exposure refers to a situation where a worker is exposed to the presence of an agent in the surrounding environment. Monitoring here aims at establishing the level of the agent's presence. Council Directive 78/610, supra note 20, at 13, art. 3(1); Council Directive 83/477, supra note 31, at 26, 27, arts. 3(3), 8; Council Directive 86/188, supra note 31, at 29, 30, 32, arts. 3(1),(2), 12, Annex I; Physical Agents Proposal, supra note 21, at art. 4(1), Annexes.

⁶³ Biological monitoring consists of measuring the level of an agent's presence in the tissues, secreta, excreta and/or expired air of a worker. Council Directive 82/605, supra note 31, at 13, 14-15, arts. 2(2), (4), 6(1); Council Directive 80/836, supra note 19, at arts. 27, 28.

⁶⁴ Council Directive 90/269, supra note 34, at art. 4(a), Annex I (back injury); Council Directive 90/270, supra note 34, at art. 3(1), Annex (display screen equipment); Council Directive 90/219, supra note 27, at art. 6(3), Annex III (GMOs).

⁶⁵ Council Directive 82/605, supra note 31, at 13, art. 2(5), Council Directive 83/477, supra note 31, at 26, art. 3(4); Council Directive 86/188, supra note 31, at 30, art. 3(4).

⁶⁶ Council Directive 89/391, supra note 4, at art. 11(1), (2).

⁶⁷ Id. at art 11(5). The usefulness of such independent fact-finding is disputed by Professor Reschenthaler, who observes that “[i]t is naive to assume that the average member of the work force who possesses no training in industrial hygiene is in a position ... to independently appraise workplace health hazards.” RESCHENTHALER, supra note 1, at 13.

⁶⁸ Council Directive 67/548 on the Approximation of the Laws, Regulations and Administrative Provisions relating to the Classification, Packaging and Labelling of Dangerous Substances, art. 2(1 )(b).

⁶⁹ Council Directive 67/548, supra note 68, at art. 16(1), (2); Council Directive 88/379 on the Approximation of the Laws, Regulations and Administrative Provisions of the Member States Relating to the Classification, Packaging and Labelling of Dangerous Preparations, arts. 5(1), 7(1), 1988 OJ (L 187) 22, 23-24.

⁷⁰ A typical R phase would be the warning: “toxic on contact with the skin.”

⁷¹ Council Directive 67/548, supra note 68, at art. 6.

⁷² Id. at art. 5(1).

⁷³ Id. at art. 7(1).

⁷⁴ Commission Directive 91/155 Defining and Fixing, by Applying Article 10 of Council Directive 88/379, the Terms of a Specific System of Information Relation to Dangerous Preparations, arts. 1, 3, 1991 OJ (L 76).

⁷⁵ Council Directive 67/548, supra note 68, at arts. 9, 10.

⁷⁶ Chemical Agents Proposal, supra note 30, at art. 3(2).

⁷⁷ See Council Regulation 2062/94, supra note 7, at art. 4.

⁷⁸ Council Directive 89/391, supra note 4, at art. 9(1)(a). In the case of carcinogens, this is set down as a specific requirement. See Council Directive 90/394, supra note 34, at art. 3(4).

⁷⁹ Council Directive 90/270, supra note 34, at art. 3(2).

⁸⁰ Council Directive 93/104, supra note 34.

⁸¹ Council Directive 80/836, supra note 19, at art. 17.

⁸² Id. at Annex III(2) 26.

⁸³ Council Directive 83/477, supra note 31, at arts. 3(3), 8, amended by Council Directive 91/382, art. 1(1), (4), 1991 OJ (L 206) 4. Chrysotile, or white asbestos, is the most common form of asbestos and accounts for around 90% of the world's supply. Because of the larger size of fibers, it is marginally less dangerous for those who work with it than other forms of asbestos. This accounts for the higher limit values.

⁸⁴ Council Directive 90/679, supra note 34, at art. 3(2)(b).

⁸⁵ Council Directive 89/391, supra note 4, at arts. 6(3)(a), 9(1)(a).

⁸⁶ See, e.g.. Council Directive 90/394, supra note 34, at art. 3(2) (carcinogens).

⁸⁷ Council Directive 90/269, supra note 34, at art. 4(a); Council Directive 90/219, supra note 27, at art. 6(2).

⁸⁸ Amended Proposal for a Council Directive Laying Down the Basic Safety Standards for the Protection of the Health of Workers and the General Public Against the Danger Arising from Ionizing Radiation, art. 19(a), 1993 OJ (C 245) 5 [hereinafter Amended Proposal Laying Down Ionizing Radiation Standards]; Chemical Agents Proposal, supra note 30, at art. 3(2).

⁸⁹ Council Directive 89/391, supra note 4, at art. 6(1), (3).

⁹⁰ The exceptions are Council Directive 89/269 (back injury); Council Directive 90/270 (display screen equipment); Council Directive 92/85 (pregnant and breast-feeding workers).

⁹¹ See Council Directive 82/605, supra note 31, at art. 2(5) (lead); Council Directive 83/ 477, supra note 19, at art. 3(4) (asbestos). See also Physical Agents Proposal, supra note 21, at art. 4(2) (physical agents).

⁹² Council Directive 78/610, supra note 20, at art. 4 (VCM); Council Directive 80/836, supra note 19, at arts. 26, 28 (ionizing radiation); Council Directive 86/188, supra note 31, at art. 3(2); Council Directive 90/394, supra note 34, at art. 3(2); Council Directive 90/679, supra note 34, at art. 3(2)(c).

⁹³ Chemical Agents Proposal, supra note 30, at art. 3(2).

⁹⁴ See Physical Agents Proposal, supra note 21, at art. 4(2).

⁹⁵ Physical Agents Proposal, supra note 21, at art. 4(2); Chemical Agents Proposal, supra note 30, at art. 3(2).

⁹⁶ Council Directive 78/610, supra note 20, at arts. 4, 5 (VCM); Council Directive 80/836, supra note 19, at arts. 27, 28 (ionizing radiation); Council Directive 82/605, supra note 31; Council Directive 83/477, supra note 31, at art. 7(1); Council Directive 86/188, supra note 31, at art. 3(2), Annex I.

⁹⁷ Council Directive 89/269, supra note 39, at art. 4(a), Annex I (back injury); Council Directive 90/270, supra note 34, at Annex; Council Directive 90/219, supra note 27, at art. 6(3), Annex III.

⁹⁸ Council Directive 90/394, supra note 34, at art. 3; Council Directive 90/679, supra note 34, at art. 3.

⁹⁹ Council Directive 89/391, supra note 4, at art. 7(2).

¹⁰⁰ Id. at art. 11(2)(b), (d).

¹⁰¹ Id. at art. 11 (1), (2)(a). Worker involvement in this context comprises the right to information, consultation and participation with respect to decisions taken by management. Id.

¹⁰² Id. at art. 7(7). Even if Article 7 does not apply to risk assessment, there is nothing in the Directive that prevents the employer from acting in this capacity.

¹⁰³ Id. at art. 11(1).

¹⁰⁴ Id. at art. 11(2)(a).

¹⁰⁵ E.g., Council Directive 90/679, supra note 34, at art. 12.

¹⁰⁶ Council Directive 82/605, supra note 31, at art. 2(5); Council Directive 83/477, supra note 31, at art. 3(4); Council Directive 86/188, supra note 31, at art. 3(4). These three directives pre-date the 1989 Directive, which explains their specificity on the issue.

¹⁰⁷ Council Directive 89/391, supra note 4, at art. 2(1).

¹⁰⁸ Id. at art. 10(1)(a).

¹⁰⁹ E.g., Council Directive 90/394, supra note 34, at art. 11(1). The exceptions are the GMOs directive, which requires national authorities rather than the workforce to be informed of health risks (Council Directive 90/219, supra note 27, at art. 10(2)) and the directive on pregnant women, which requires access to the results of the assessment without any provision for an explanation of their significance (Council Directive 92/85, art. 4(2)). However, the 1989 Directive also applies in these two instances.

¹¹⁰ Specific risks connote the actual risks to which the workforce is exposed.

¹¹¹ Council Directive 82/605, supra note 31, at art. 11(2) (lead); Council Directive 83/477, supra note 31, at art. 14(2); Council Directive 86/188, supra note 31, at art. 4(1)(b).

¹¹² Physical Agents Proposal, supra note 21, at art. 7(3); Chemical Agents Proposal, supra note 30, at art. 6(1).

¹¹³ Council Directive 89/391, supra nxsote 4, at art. 10(1).

¹¹⁴ See Council Directive 90/394, supra note 34, at art. 11(1); Council Directive 90/679, supra note 34, at art. 9(1).

¹¹⁵ See Council Directive 80/1107, supra note 18, at art. 1(1); Council Directive 89/391, supra note 4, at art. 6(2). See also Council Directive 82/605, supra note 31, at art. 1(1); Council Directive 83/477, supra note 31, at art. 1(1); Council Directive 86/188, supra note 31, at art. 1(1); Council Directive 90/394, supra note 34, at art. 1(1); Council Directive 90/679, supra note 34, at art. 1(1).

¹¹⁶ Council Directive 80/1107, supra note 18, at art. 3(1); Council Directive 89/391, supra note 4, at art. 6(2).

¹¹⁷ See Council Directive 89/655, supra note 35, at art. 3(2) (use of work equipment); Council Directive 89/656, supra note 35, at art. 3 (personal protective equipment); Council Directive 90/394, supra note 34, at art. 5; Council Directive 90/679, supra note 34, at arts. 5, 6. See also the 1st Action Program, supra note 22, at pt. I; 1988 Program, supra note 7, at pt. II, pts. 2, 3.

¹¹⁸ Council Directive 89/391, supra note 4, at art. 6(2).

¹¹⁹ Council Directive 83/477, supra note 31, at art. 6(3); Council Directive 90/394, supra note 34, at arts. 4, 5; Council Directive 90/679, supra note 34, at arts. 5, 6; Council Directive 90/219, supra note 27, at art. 7(1). See also Council Directive 87/217, supra note 25, at art. 3(1) which provides that emissions of asbestos should be prevented as far as possible by controlling them at the source.

¹²⁰ Physical Agents Proposal, supra note 21, at art. 5; Chemical Agents Proposal, supra note 30, at art. 3(3).

¹²¹ Council Directive 92/91, supra note 9, at Annex, pt. A, pt. 6.2.1 (drilling); Council Directive 92/104, supra note 9, at Annex, pt. A, pt. 4.3.1 (surface and underground mining).

¹²² Council Directive 93/104, supra note 34.

¹²³ Council Directive 93/104, supra note 34, at arts. 3, 5. Night workers should not exceed an average of 8 hours in any 24-hour period. Id. at art. 8(1).

¹²⁴ Id. at art. 6(2).

¹²⁵ Id. at art. 7(2).

¹²⁶ Id. at art. 17.

¹²⁷ Council Directive 80/1107, supra note 18, at art. 4(14).

¹²⁸ Council Directive, 88/364, supra note 31, at art. 1(1).

¹²⁹ Id. at Annex, pt. 1.

¹³⁰ Id. at Annex, pt. 2.

¹³¹ Id. at Annex, pt. 3.

¹³² See supra note 25.

¹³³ Council Directive 76/769, supra note 26, at Annex I, pt. 6.1, added by Council Direc tive 83/478, OJ (L 263).

¹³⁴ Id. at Annex I, pt. 6.3, added by Council Directive 85/610, 1985 OJ (L 375) 1.

¹³⁵ Id. at Annex I, pt. 1, added by Council Directive 85/467, 1985 OJ (L 269) 56.

¹³⁶ Id. at Annex I, pts. 17, 18, added by Council Directive 89/677, 1989 OJ (L 398) 19.

¹³⁷ Id. at Annex I, pt. 5, added by Council Directive 82/806, 1982 OJ (L 339) 37.

¹³⁸ Id. at Annex I, pt. 23, added by Council Directive 91/173, 1991 OJ (L 85) 34.

¹³⁹ Id. at Annex I, pt. 28, added by Council Directive 94/27, 1994 OJ (L 188) 1, 2.

¹⁴⁰ Council Directive 91/339 on the Approximation of Laws, Regulations, and Administrative Provisions of the Member States Relating to Restrictions on the Marketing and Use of Dangerous Substances and Preparations, 1991 OJ (L 186).

¹⁴¹ Council Directive 83/477, supra note 31, at art. 5, amended by Council Directive 91/ 382, supra note 30, at art. 1(2).

¹⁴² Council Directive 76/769, supra note 26, at Annex I, pt. 19, added by Council Directive 89/677, supra note 136.

¹⁴³ Council Directive 76/769, supra note 43, at Annex I, pt. 24, added by Council Directive 91/338 OJ (L 186) 59.

¹⁴⁴ Council Directive 92/85, supra note 34, at art. 6.

¹⁴⁵ Id. at art. 5(1).

¹⁴⁶ Council Directive 90/679, supra note 34, at art. 2(d) places biological agents in the following Groups:

Annex III, amended by Council Directive 93/88, supra note 34, at art. 1, classifies only those agents that are known to infect humans. As a result, there are no agents in Group 1, and the Annex specifies that biological agents that have not been placed in Groups 2-4 are not to be considered as automatically belonging to Group 1.

¹⁴⁷ Council Directive 92/85, supra note 34, at Annex I, pt. A.

¹⁴⁸ Id. at Annex I, pt. B.

¹⁴⁹ Council Directive 80/836, supra note 19, at art. 7(2). Under the Commission's proposed new rules, this prohibition will apply where there is any risk. Amended Proposal Laying Down Ionizing Radiation Standards, supra note 85, at art. 11.

¹⁵⁰ Council Resolution of 21 Dec. 1987, supra note 7, at pt. II, pt. I(b)(i); Council Directive 89/391, supra note 4, at art. 6(2)(f).

¹⁵¹ Council Directive 90/394, supra note 34, at arts. 4, 5; Council Directive 90/679, supra note 34, at arts. 5, 6.

¹⁵² Council Directive 80/1107, supra note 18, at art. 4(3).

¹⁵³ Council Directive 89/391, supra note 4, at art. 6(2)(d).

¹⁵⁴ Council Directive 89/654 (minimum workplace requirements) stipulates that natural light should normally be used and that, if this is not possible, adequate artificial lighting must be provided. Council Directive 89/654, supra note 35, at Annexes I and II, pt. 18.1.

¹⁵⁵ For rules dealing with machinery and construction equipment noise see Council Directive 89/392, supra note 29, at Annex, pt. 1.5. Council Directive 89/655 (use of work equipment) is also prepared to accept minimization of the risk where it cannot be removed completely. Council Directive 89/655, supra note 35, at art. 3(2).

¹⁵⁶ Council Directive 89/392, supra note 29, at Annex, pt. 1.5.10 (limiting machinery radiation emissions to nonexistent or nondangerous levels).

¹⁵⁷ Id. at Annex, pt. 1.5.13. See also Council Directive 89/655, supra note 35, at Annex, pt. 2.5.

¹⁵⁸ Council Decision 89/464 of 18 July 1989 Adopting a Research and Training Programme for the European Atomic Energy Community in the Field of Remote Handling in Hazardous or Disordered Nuclear Environments, 1989 OJ (L 226).

¹⁵⁹ Council Directive 83/477, supra note 31, at art. 6(3); Council Directive 87/217, supra note 25, at art. 3(1); Council Directive 90/394, supra note 34, at art. 5(3)(c); Council Directive 90/679, supra note 34, at art. 6(2)(b); Council Directive 90/219, supra note 27, at art. 7(1).

¹⁶⁰ Council Directive 90/219, supra note 27, at art. 7(2), Annex IV; Council Directive 90/ 679, supra note 34, at art. 16, Annexes V, VI.

¹⁶¹ Council Directive 90/394, supra note 34, at art. 5.

¹⁶² Council Directive 92/91, supra note 9, at Annex, pt. A, pt. 6.2.1 (drilling); Council Directive 92/104, supra note 9, at Annex, pt. A, pt. 4.3.1 (surface and underground mining).

¹⁶³ See Council Directive 80/1107, supra note 18, at art. 4(6), (7); Council Directive 89/ 391, supra note 4, at art. 6(2)(h). See also Council Directive 83/477, supra note 31, at art. 6(3); Council Directive 86/188, supra note 31, at arts. 5(1), 8(1)(a); Council Directive 89/391, supra note 4, at art. 6(2)(c), (h); Council Directive 89/656, supra note 35, at art. 3; Council Directive 90/394, supra note 34, at art. 5(3)(d), (g) (personal protective equipment); Council Directive 90/679, supra note 34, at art. 6(2)(c); Council Directive 90/219, supra note 27, at art. 7(1)(ii).

¹⁶⁴ See Council Directive 78/610, supra note 20, at arts. 6(2), 7 (VCM); Council Directive 82/605, supra note 31, at 8(2); Council Directive 83/477, supra note 31, at arts. 10, 11; Council Directive 86/188, supra note 31, at art. 6; Council Directive 90/394, supra note 34, at art. 8(1); Council Directive 90/679, supra note 34, at art. 6(2)(c); Council Directive 90/219, supra note 27, at art. 7(1)(ii). See also Physical Agents Proposal, supra note 21, at arts. 5(3)(a), 6(1).

¹⁶⁵ See Council Directive 80/1107, supra note 18, at art. 4; Council Directive 89/391, supra note 4, at art. 6(2). See also Council Directive 90/394, supra note 34, at arts. 4, 5.

¹⁶⁶ Council Resolution of 21 Dec. 1987 on Safety, Hygiene and Health at Work, Part II, § I(b)(i); Council Directive 89/391, supra note 4, at art. 6(2)(f).

¹⁶⁷ Council Directive 90/394, supra note 34, at art. 4; Council Directive 90/679, supra note 34, at art. 5.

¹⁶⁸ Council Directive 83/477, supra note 31, at art. 1(3).

¹⁶⁹ Council Directive 78/610, supra note 20, at art. 3(1) (VCM); Council Directive 80/836, supra note 19, at art. 6(b) (ionizing radiation); Council Directive 83/477, supra note 31, at art. 6(1); Council Directive 86/188, supra note 31, at art. 5(1); Council Directive 90/394, supra note 34, at art. 5(3)(a).

¹⁷⁰ See Council Directive 80/1107, supra note 18, at art. 4(4). The 1989 Directive does not refer to limit values as such.

¹⁷¹ Council Directive 90/394, supra note 34, at art. 16(1).

¹⁷² Commission Directive 91/322 on Establishing Indicative Limit Values by Implementing Council Directive 80/1107 on the Protection of Workers from the Risks Related to Exposure to Chemical, Physical and Biological Agents at Work, 1991 OJ (L 177).

¹⁷³ Council Directive 78/610, supra note 20, at arts. 2(b), 3(2).

¹⁷⁴ Council Directive 83/477, supra note 31, at art. 8, amended by Council Directive 91/ 382, art. 1(4). The limit value for chrysotile asbestos fiber on its own is 0,60 fibers per cm. Id.

¹⁷⁵ 1st Action Program, supra note 22, at 2, pt. 5.

¹⁷⁶ This measurement means 150 micrograms of lead per cubic meter. A microgram is one millionth of a gram.

¹⁷⁷ The Commission proposes changing this limit to 0.15 milligrams per cubic meter mea sured in relation to a reference period of eight hours. See Chemical Agents Proposal, supra note 30, at 4, Annex, pt. 10.1.

¹⁷⁸ This measurement means 70 micrograms of lead per 100 milliliters of blood.

¹⁷⁹ Council Directive 82/605, supra note 31, at art. 6(1). Up to 80 mg Pb/100 ml blood is tolerated if the ALAU level is below 20mg/g creatinine or the ZPP level is below 20 mg/g hemoglobin, or the ALAD level is above 6 European units. Id.

¹⁸⁰ Decibels (dB) are a unit of measurement for sound. Decibel may be measured on any one of three curves—the A, B, or C curve. The A curve measures most accurately the subjective sensation of sound. Thus, 90 dB(A) refers to 90 decibels on the A curve.

¹⁸¹ 200 Pa means 200 pascals. A pascal is a unit of pressure that is equal to one newton per square meter.

¹⁸² Council Directive 86/188, supra note 31, at art. 5(2). The proposed directive on physical agents does not reduce the limit value but sets 75 dB(A) as the long-term objective. See Physical Agents Proposal, supra note 21, at 12, art. 2(2), Annex I, pt. 2.

¹⁸³ See Council Directive 84/533, supra note 28, at art. 3(1) (compressors); Council Directive 84/534, supra note 28, at art. 3(1) (tower cranes); Council Directive 84/535, supra note 28, at art. 3(1) (welding generators); Council Directive 84/536, supra note 28, at art. 3(1) (power generators); Council Directive 84/537, supra note 28, at art. 3(1) (concrete breakers and picks); Council Directive 86/662, supra note 28, at art. 3(1) (excavators, dozers, loaders and excavator-loaders).

¹⁸⁴ Council Directive 89/655, supra note 35, at art. 4(1 )(a) (work equipment).

¹⁸⁵ A Roentgen Equivalent Man (rem) is a unit of effective absorbed dose of ionizing radiation in human tissue that is equivalent to one roentgen of x-rays. A sievert is a unit of effective absorbed dose of ionizing radiation that is equivalent to one joule per kilogram. One sievert is equivalent to 100 rems. Measurements in sievert are expressed in mSv, or one thousandth of a sievert.

¹⁸⁶ Council Directive 80/836, supra note 19, at arts. 8(1), 9(b), Annex II(F). These are the values for Category “A” workers; lesser values apply to Category “B” workers and young workers. See Id. at arts. 1(c), 10, 23. For women of reproductive capacity, the dose to the abdomen shall not exceed 13 mSv (1.3 rem) per quarter, and during pregnancy the accumulated dose to the fetus must not exceed 10 mSv (1 rem). Id. at art. 8(2), art. 8(3). Under the proposed new rules, the dose to the fetus is further limited to 1 mSv. Amended Proposal Laying Down Ionizing Radiation Standards, supra note 88, at art. 10.

¹⁸⁷ Council Directive 80/836, supra note 19, at art. 9, Annex II(E), amended by Council Directive 84/467. Annex II(E) provides a method of calculating partial body exposure in terms of whole body values. Id.

¹⁸⁸ Amended Proposal Laying Down Ionizing Radiation Standards, supra note 88, at arts. 1, 9(1).

¹⁸⁹ Council Directive 80/836, supra note 19, at art. 16.

¹⁹⁰ A curie (Ci) is a unit of radioactivity corresponding to 3.7 x 10¹⁰ disintegrations per second. A becquerel (Bq) is a unit of radioactivity that corresponds to 1 disintegration per second.

¹⁹¹ Council Directive 80/836, supra note 19, at Annex III, pt. 1, amended by Council Directive 84/467. The limit values for internal exposure are given solely in terms of the external exposure limits for Category “A” workers. Id.

¹⁹² Amended Proposal Laying Down Ionizing Radiation Standards, supra note 88, at arts 9(1), 18.

¹⁹³ Council Directive 80/836, supra note 19, at art. 17.

¹⁹⁴ Council Directive 82/605, supra note 31, at art. 9.

¹⁹⁵ Council Directive 78/610, supra note 20, at art. 7; Council Directive 83/477, supra note 31, at art. 11.

¹⁹⁶ Council Directive 80/836, supra note 19, at art. 11.

¹⁹⁷ Council Directive 86/188, supra note 53, at arts. 5(2), 9; Council Directive 82/605, supra note 31, at art. 8(4).

¹⁹⁸ Council Directive 78/610, supra note 20, at arts. 6(2), 7 (VCM); Council Directive 80/ 836, supra note 19, at art. 11 (ionizing radiation); Council Directive 82/605, supra note 31, at art. 8; Council Directive 83/477, supra note 31, at arts. 10, 11; Council Directive 86/188, supra note 31, at art. 6(1) (noise).

¹⁹⁹ Council Directive 83/477, supra note 31, at art. 6(2); Council Directive 90/394, supra note 34, at art. 5(3); Council Directive 90/679, supra note 34, at art. 6(2)(a).

²⁰⁰ Council Directive 83/477, supra note 31, at art. 1(3); Council Directive 90/394, supra note 34, at art. 4; Council Directive 90/679, supra note 34, at art. 5.

²⁰¹ Council Directive 89/391, supra note 4, at art. 6(2)(d).

²⁰² Council Directive 86/188, supra note 31, at art. 8(1)(a).

²⁰³ Council Directive 89/655, supra note 35, at arts. 1(1), 3, Annex, pt. 2; Council Directive 89/392, supra note 29, at art. 3, Annex, pt. 1.5. See also Council Directive 89/391, supra note 4, at art. 6(2)(d).

²⁰⁴ Council Directive 86/188, supra note 31, at art. 8(1)(a).

²⁰⁵ Council Directive 90/270, supra note 34, at arts. 4, 5, Annex pt. 1.

²⁰⁶ Council Directive 83/477, supra note 31, at art. 6(3); Council Directive 90/394, supra note 34, at art. 5(4)(c); Council Directive 90/679, supra note 34, at art. 6(2)(b); Council Directive 90/219, supra note 27, at art. 7(1). See also Council Directive 80/1107, supra note 18, at art. 4(5); Council Directive 89/391, supra note 4, at art. 6(2)(d).

²⁰⁷ Council Directive 90/219, supra note 27, at art. 7(2), Annex IV; Council Directive 90/ 679, supra note 34, at art. 16, Annexes V, VI.

²⁰⁸ See Council Directive 78/610, supra note 20, at arts. 6(2), 7 (VCM); Council Directive 82/605, supra note 31, at art. 8(2); Council Directive 83/477, supra note 31, at art. 10(3); Council Directive 86/188, supra note 31, at art. 6; Council Directive 90/394, supra note 34, at art. 8(1); Council Directive 90/679, supra note 34, at art. 6(2)(c); Council Directive 90/219, supra note 27, at art. 7(1)(ii).

²⁰⁹ Council Directive 89/656, supra note 35, at art. 6(1).

²¹⁰ Council Directive 89/656, supra note 35, at art. 4(1).

²¹¹ Council Directive 89/656, supra note 35, at art. 4; Council Directive 89/686, supra note 29, at art. 1(1).

²¹² Council Directive 89/656, supra note 35, at art. 3.

²¹³ Council Directive 89/391, supra note 4, art. 13(2)(b).

²¹⁴ See 1st Action Program, supra note 22, at 10, Annex, Initiative 3/3. See also Physical Agents Proposal, supra note 21, at art. 11(2).

²¹⁵ Council Directive 80/1107, supra note 20, at 8, 9-10, arts. 4(11), 5.

²¹⁶ Council Directive 78/610, supra note 20, at 14, art. 10(1); Council Directive 80/836, supra note 19, at 11-12, art. 32, 34(c).

²¹⁷ Council Directive 93/104, supra note 34, at 21, art. 9(1)(a); Council Directive 90/270, supra note 34, at art. 9.

²¹⁸ Council Directive 82/605, supra note 31, at art. 2(4); Council Directive 83/477, supra note 31, at art. 15(1); Council Directive 86/188, supra note 31, at art. 7(1); Council Directive 90/394, supra note 34, at art. 14(1); Council Directive 90/679, supra note 34, at art. 14(1).

²¹⁹ Council Directive 89/391, supra note 4, at art. 14(2).

²²⁰ Council Directive 92/29, supra note 21, at arts. 2, 3.

²²¹ Council Directive 78/610, supra note 20, at art. 10(2), Annex II, pt. 2 (VCM); Council Directive 80/836, supra note 19, at arts. 34(c) (ionizing radiation); Council Directive 82/605, supra note 31, at art. 4(1); Council Directive 83/477 (asbestos), art. 15(1), Annex II; Council Directive 86/188, supra note 31, at arts. 7(1), 12(2), Annex II; Council Directive 90/270, supra note 34, at art. 9(1), (2) (VDUs); Council Directive 90/394, supra note 34, at art. 14(7), Annex II; Council Directive 90/679, supra note 34, at art. 14(8), Annex IV.

²²² Council Directive 82/605, supra note 31, at art. 4(1).

²²³ Council Directive 80/1107, supra note 18, at arts. 4(11), 5.

²²⁴ Council Directive 78/610, supra note 20, at art. 10(2), Annex II, pt. 2; Council Direc tive 90/394, supra note 34, at art. 14(7), Annex II, pt. 2; Council Directive 90/679, supra note 34, at art. 14(8), Annex IV, pt. 2.

²²⁵ Council Directive 78/610, supra note 20, at Annex II, 4 (VCM); Council Directive 80/ 836, supra note 19, at arts. 33, 35 (ionizing radiation); Council Directive 82/605, supra note 31, at arts. 5(2), 9(1); Council Directive 83/477, supra note 31, at art. 15(2); Council Directive 90/394, supra note 34, at art. 14(4); Council Directive 90/679, supra note 34, at art. 14(5).

²²⁶ Council Directive 78/610, supra note 20, at art. 5(1); Council Directive 80/836, supra note 19, at art. 26.

²²⁷ Council Directive 82/605, supra note 31, at art. 2(5); Council Directive 83/477, supra note 31, at art. 3(4); Council Directive 86/188, supra note 31, at art. 3(4).

²²⁸ Council Directive 82/605, supra note 31, at arts. 2(3), (4), 3, 4; Council Directive 83/ 477, supra note 31, at arts. 3(3), 7.

²²⁹ Council Directive 82/605, supra note 31, at arts. 2(3), (4), 3, 4.

²³⁰ Council Directive 83/477, supra note 31, at art. 3(3) amended by Council Directive 91/382, art. 1(1), 7. The measurements for chrysotile are 0.20 fibers and 12 fiber-days respectively.

²³¹ Council Directive 90/394, supra note 34, at art. 3(2); Council Directive 90/679, supra note 34, at art. 3(2)(c); Council Directive 90/219, supra note 27, at art. 7(1)(iv).

²³² See Council Directive 83/477, supra note 31, at art. 3(2); Council Directive 90/394, supra note 34, at art. 3(2); Council Directive 90/679, supra note 34, at art. 3(2); Council Directive 90/219, supra note 27, at art. 6.

²³³ Council Directive 89/654, supra note 35, at art. 6 (workplace); Council Directive 89/ 655, supra note 35, at art. 4(6) (use of workplace equipment).

²³⁴ See Council Directive 80/836, supra note 19, at art. 25 (ionizing radiation); Council Directive 83/ 477, supra note 31, at arts. 6(4), 13(1)(c)(v) (asbestos); Council Directive 90/394, supra note 34, at art. 10(1)(d) (carcinogens); Council Directive 90/679, supra note 34, at art. 8(1) (biological agents).

²³⁵ These measures should be distinguished from the term “occupational hygiene” as it appears in Article 118, 6th indent (EC) and in Article 7(1) of Council Directive 90/219 where it refers generally to hazard control and risk reduction.

²³⁶ Council Directive 89/654, supra note 34, at art. 6, 3d indent (workplace).

²³⁷ See Council Directive 83/477, supra note 31, at art. 13(1)(a)(iii); Council Directive 82/ 605, supra note 31, at arts. 2(2), 10(1)(a)(i); Council Directive 90/394, supra note 34, at art. 10(1)(a); Council Directive 90/679, supra note 34, at art. 8(1)(a).

²³⁸ See Council Directive 83/477, supra note 31, at art. 13(1)(b); Council Directive 82/605, supra note 31, at art. 10(1)(a)(ii).

²³⁹ See Council Directive 83/477, supra note 31, at art. 13(1)(c)(iv); Council Directive 82/ 605, supra note 31, at art. 10(1)(b)(iv); Council Directive 90/394, supra note 34, at art. 10(1)(b); Council Directive 90/679, supra note 34, at art. 8(2)(a).

²⁴⁰ See Council Directive 83/477, supra note 31, at art. 13(1)(c)(iii); Council Directive 82/ 605, supra note 31, at art. 10(1)(b)(iii); Council Directive 90/394, supra note 34, at art. 10(1)(b); Council Directive 90/679, supra note 34, at art. 8(2)(a).

²⁴¹ See Council Directive 83/477, supra note 31, at art. 6(4); Council Directive 90/394, supra note 34, at arts. 5(4)(h); Council Directive 90/679, supra note 34, at art. 6(2)(d).

²⁴² See Council Directive 80/836, supra note 19, at arts. 20, 21, 22; Council Directive 83/ 477, supra note 31, at art. 13(1)(a); Council Directive 90/394, supra note 34, at art. 5(3)(j); Council Directive 90/679, supra note 34, at art. 6(2)(e), Annex V, pts. 1, 3; Council Directive 90/219, supra note 27, at Annex IV, pt. 6.

²⁴³ Council Directive 89/391, supra note 4, at art. 7. The importance of clear organization is also stressed by the Second Action Program, pt. 12. 2nd Action Program, supra note 22, at pt. 12. See also Council Directive 90/270, supra note 34, at art. 1(2); Council Directive 90/ 394, supra note 34, at art. 1(3); Council Directive 90/679, supra note 34, at art. 1(3); Council Directive 90/219, supra note 27, at art. 7(1)(vi).

²⁴⁴ See Council Directive 90/394, supra note 34, at art. 1(3).

²⁴⁵ Council Directive 90/219, supra note 27, at art. 7(1)(vi).

²⁴⁶ Council Resolution of 21 December 1987, supra note 7, at Annex II, pt. 6. See also 1st Action Program, supra note 22, at Annex II, Initiative 6.

²⁴⁷ Council Directive 89/391, supra note 4, at art. 13(1).

²⁴⁸ Id. at art. 13.

²⁴⁹ See e.g., Council Directive 86/188, supra note 31, at art. 6(1); Council Directive 90/ 269, supra note 34, at art. 6(2) (heavy loads); Council Directive 90/270, supra note 34, at art. 6(1); Council Directive 90/394, supra note 34, at art. 11(1); Council Directive 90/679, supra note 34, at art. 9(1).

²⁵⁰ Council Directive 89/391, supra note 4, at art. 5(3).

²⁵¹ See 1st Action Program, supra note 22, at Annex, II, Initiative 6; 2nd Action Program, supra note 22, at pt. 15; Council Resolution of 21 Dec. 1987, supra note 166, at pt. 6. See also Ecosoc's Opinion in 1993 OJ (C 249), supra note 7.

²⁵² 1st Action Program, supra note 22.

²⁵³ 1st Action Program, supra note 22, at Annex I.

²⁵⁴ Title I, pt. 19.

²⁵⁵ Council Directive 80/836, supra note 19, at art. 24; Council Directive 78/610, supra note 20, at art. 8.

²⁵⁶ Council Directive 80/836, supra note 19, at arts. 31, 36(1); Council Directive 78/610, supra note 20, at art. 10(3).

²⁵⁷ Council Directive 80/836, supra note 19, at art. 40(2); Council Directive 78/610, supra note 20, at art. 9(2).

²⁵⁸ Council Directive 80/836, supra note 19, at art. 24; Council Directive 78/610, supra note 20, at art. 8.

²⁵⁹ Council Directive 80/1107, supra note 18, at arts. 4-6.

²⁶⁰ Id. at art. 6, 1st indent.

²⁶¹ Council Directive 88/642, supra note 18, at art. 1(2)(b).

²⁶² On this topic, see M. Biagi, From Conflict to Participation in Safety, Industrial Relations and the Working Environment in Europe, 6 INT'L J. COMP. LAB. L. & INDUS. REL. 67 (1990); H. Krieger, Participation of Employees' Representatives in the Protection of the Health and Safety of Workers in Europe, 6 INT'L J. COMP. LAB. L. & INDUS. REL. 217 (1990).

²⁶³ Physical Agents Proposal, supra note 21, at art. 1(3); Chemical Agents Proposal, supra note 30, at art. 1(4).

²⁶⁴ Council Directive 89/391, supra note 4, at art. 11.

²⁶⁵ Id. at art. 4(1).

²⁶⁶ Id. at art. 11(2), (3).

²⁶⁷ Id. at art. 11(6).

²⁶⁸ See Id. at art. 3(c).

²⁶⁹ Written Question No. 1284/93 by Mr. Bartho Pronk (PPE) to the Commission of the European Communities, Answer Given by Mr. Flynn on behalf of the Commission, 1994 OJ (C 25), 26 (re-asking Written Question 3151/92, 1993 OJ (C 162)).

²⁷⁰ Council Directive 89/391, supra note 4, at arts. 11(4), 12(3), (4).

²⁷¹ Id. at art. 11(5).

²⁷² Id. at art. 11(2).

²⁷³ Id.

²⁷⁴ Id. at art. 11(3).

²⁷⁵ Id. at art. 11(6).

²⁷⁶ Id. at art. 11(2)(a).

²⁷⁷ Id. at art. 11(2)(b) to (e).

²⁷⁸ Id. at art. 12(1).

²⁷⁹ Id. at art. 12(3).

²⁸⁰ Opinion of Health/Safety at the Work Place—Training, 1993 OJ (C 249), supra note 7. For an analysis of Ecosoc's small but important role in the legislative process of the EU see Raworth Philip, THE LEGISLATIVE PROCESS IN THE EUROPEAN COMMUNITY 56-60 (1993).

²⁸¹ Council Directive 89/391, supra note 4, at art. 10(1), (3). See also Written Question No. 1284/93, supra note 269, at 26, 28, pt. 20.

²⁸² Council Directive 89/391, supra note 4, at art. 11(5).

²⁸³ Council Regulation 2062/94, supra note 7, at arts. 3, 4.

²⁸⁴ Id. at art. 11(6).

²⁸⁵ See Council Directive 90/270, supra note 34, at arts. 1(2), 6, 8.

²⁸⁶ Council Directive 89/655, supra note 35, at art. 6(2); Council Directive 90/394, supra note 34, at arts. 11, 12; Council Directive 90/679, supra note 34, at arts. 9, 10. See also Transport Proposal, supra note 34, at art. 9(2).

²⁸⁷ Council Directive 90/394, supra note 34, at arts. 12(e), 14(6), 15(1); Council Directive 90/679, supra note 34, at arts. 10(4), 11(2), 14(4), (7) (biological agents).

²⁸⁸ See Council Directive 90/270, supra note 34, at art. 8.

²⁸⁹ Council Directive 90/219, supra note 27, at art. 7(1).

²⁹⁰ Council Directive 89/391, supra note 4, at art. 8(4).

²⁹¹ See Council Directive 80/836, supra note 19, at art. 11(6).

²⁹² Council Directive 78/610, supra note 20, at Annex II, 4 (VCM); Council Directive 80/ 836, supra note 19, at arts. 33, 35; Council Directive 82/605, supra note 31, at arts. 5(2), 9(1); Council Directive 83/477, supra note 31, at art. 15(2); Council Directive 90/394, supra note 34, at art. 14(4); Council Directive 90/679, supra note 34, at art. 14(5).

²⁹³ Written Question No. 1284/93, supra note 269, at 27, pt. 6.

²⁹⁴ See Council Directive 89/391, supra note 4, at art. 11(2).

²⁹⁵ See Council Directive 80/836, art. 39, supra note 19, at 12; Council Directive 82/605, art. 9(2), supra note 31, at 16; Council Directive 83/477, art. 15(4), supra note 31, at 29; Council Directive 90/394, supra note 34, at art. 14(6); Council Directive 90/679, supra note 34, at art. 14(7). The VCM directive contains no such provision.

²⁹⁶ Council Directive 80/1107, art. 6, supra note 18, at 10.

²⁹⁷ See OJ (C 77/93), art. 17; OJ (C 165/93), art. 14.

²⁹⁸ Council Directive 92/85, arts. 5, 11, supra note 34, at 3, 4.

²⁹⁹ Id. at art. 11(4).

³⁰⁰ Council Directive 93/104, art. 9(1)(b), supra note 34, at 21.

³⁰¹ Council Directive 89/391, supra note 4, at art. 6(5).

³⁰² Id. at arts. 12(4), 14(3).

³⁰³ Id. at art. 9(4).

³⁰⁴ See Council Directive 82/605, supra note 31, at art. 10(2); Council Directive 83/477, supra note 31, at art. 13(2); Council Directive 90/394, supra note 34, at art. 10(2); Council Directive 90/679, supra note 34, at art. 8(3).

³⁰⁵ Commission Recommendation 90/326, supra note 23. In its Social Charter Action Program (COM (89) 568) at Part 10A, the Commission disclaims any intention of proposing binding legislation on this topic.

³⁰⁶ Case 322/88, Grimaldi v. Fonds de Maladies Professionelles, 2 C.M.L.R. 265, 277-78 (1991).

³⁰⁷ Commission Recommendation 90/326, supra note 23, at pt. 1, Annex I.

³⁰⁸ Id. at Annex II.

³⁰⁹ Council Directive 78/610, supra note 20, at Annex II, pt. 1.

³¹⁰ Council Directive 82/605, supra note 31, at Annex IV, pt. 1.

³¹¹ Council Directive 83/477, supra note 31, at Annex II, pt. 1.

³¹² Council Directive 90/394, supra note 34, at art. 2, Annex I.

³¹³ Council Directive 94/27, supra note 139, at Pmbl., 3d recital.

³¹⁴ Commission Recommendation 90/326, supra note 23, at pt. 2.

³¹⁵ Spain, Belgium, and Greece exhibit such reluctance. See Commission Recommendation 90/326, supra note 23, which sets out the national rules of the member states in detail.

³¹⁶ Id.

³¹⁷ See RESCHENTHALER, supra note 1, at 31-33, 142.

³¹⁸ Id.

³¹⁹ Id. at 22-23.

³²⁰ Id. at 31-23.

³²¹ Id. at 31.

³²² Id. at 33.

³²³ Id. at 35.

³²⁴ Id. at 34.

³²⁵ Id.

³²⁶ Id. at 37, 38.

³²⁷ Id. at 39.

³²⁸ Id.

³²⁹ Council Directive 89/391, supra note 4, at art. 5(3).

³³⁰ EC TREATY art. 171.

³³¹ EC TREATY art. 177. On this point, see Raworth, Philip, Article 177 of the Treaty of Rome and the Evolution of the Doctrine of the Supremacy of Community Law, Canadian, Y.B. INT'L L. 276 (1975).Google Scholar

³³² See Case 152/84, Marshall v. Southampton and South West Hampshire Area Health Authority (Teaching), [1986] ECR 723, 749, 2 W.L.R. 780 (C.A. 1986); Paola Faccini Dori v. Recreb Sri, Case 91/92 (European Ct. J. July 14, 1994) (unpublished available in LEXIS, IntlawLibrary, Eccase File). A synopsis of this case can be found in THE TIMES (London), Aug. 4, 1994, at Features.

³³³ Council Directive 89/391, supra note 4, at art. 4(1).

³³⁴ Id. at art. 4(2).

³³⁵ Council Directive 80/836, supra note 19, at art. 40; Council Directive 92/85, supra note 34, at art. 12.

³³⁶ Commission Communication of its Program Concerning Safety, Hygiene and Health at Work, 1988 OJ (C 28), pt. 4.

³³⁷ See EC TREATY arts. 118a (1), (2), 30, 31.

³³⁸ Physical Agents Proposal, supra note 21, at Annex 1, pt. 2.

³³⁹ One is reminded of the words that the Austrian dramatist, Franz Grillparzer, attributed to a representative of the House of Hapsburg, which also attempted to create a multinational state in Europe: “Das ist der Fluch von unserm edeln Haus: Auf halben Wegen und zu halber Tat Mit halben Mitteln zauderhaft zu streben.” Bruderzwist im Hause Habsburg, 11. 921-23.