legislation-profile

Protection of Pregnant and Breastfeeding Workers Directive

Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (tenth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC)

Scope

Aims to implement measures to encourage improvements in working conditions for those who are pregnant, have recently given birth or are breastfeeding. Employers must assess the risks to these workers in order to decide what measures should be taken. Where risks are present, employers must take the necessary measures to ensure that exposure is avoided. Provisions must also be made for maternity leave and anti-natal appointments, and the protection of their employment rights. This applies to all Member States, without prejudice to more stringent provisions laid down in the law of an individual Member State.

Exemptions

There are no exemptions from this legislation.

Regulatory activities

Risk assessment followed by implementation of measures deemed most suitable and in line with the requirements of this legislation.

Relevant product types

Not applicable

Reference documents

Throughout the legal text: In relation to it being the OSH framework Directive. Directive 89/391/EEC on the introduction of measures to encourage improvements in the safety and health of workers Annex I refers to: Council Directive 90/394/EEC on the protection of workers from the risks related to exposure to carcinogens at work (this has been codified and replaced by Directive 2004/37/EC) Directive 67/548/EEC (amended and replaced by Regulation 1272/2008 on the classification, labelling and packaging of substances and mixtures) [DSD] In reference to biological and/or chemical agents, and processes for which an assessment of risk must take place where there is a possibility of exposure.

Obligations based on CLP hazard class

Classification and labelling provisions under DPD and DSD form the basis for the classifications of concern under Annex I, these have been repealed and replaced by CLP.

Obligations based on properties of concerns

CMR

EU-level occupational exposure limits

Only reference made is Art. 6 where it states ''in addition to the general provisions concerning the protection of workers, in particularly those relating to the limit values for occupational exposure...''

EU-level emission limit values

No provision

Substance-centric data source(s) at the EU level

Not applicable

Industry submission system in place

Not applicable

Format for industry submission

Not applicable

Owner

DG EMPL

Update process

DG EMPL

Amendments

Directive 2007/30/EC of the European Parliament and of the Council of 20 June 2007 amending Council Directive 89/391/EEC, its individual Directives and Council Directives 83/477/EEC, 91/383/EEC, 92/29/EEC and 94/33/EC with a view to simplifying and rationalising the reports on practical implementation Directive 2014/27/EU of the European Parliament and of the Council of 26 February 2014 amending Council Directives 92/58/EEC, 92/85/EEC, 94/33/EC, 98/24/EC and Directive 2004/37/EC of the European Parliament and of the Council, in order to align them to Regulation (EC) No 1272/2008 on classification, labelling and packaging of substances and mixtures Regulation (EU) 2019/1243 of the European Parliament and of the Council of 20 June 2019 adapting a number of legal acts providing for the use of the regulatory procedure with scrutiny to Articles 290 and 291 of the Treaty on the Functioning of the European Union

Categories Display