Council Directive 92/85/EECShow full title

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)

ANNEX IU.K.NON-EXHAUSTIVE LIST OF AGENTS, PROCESSES AND WORKING CONDITIONSreferred to in Article 4 (1)

A.AgentsU.K.

1. Physical agents where these are regarded as agents causing foetal lesions and/or likely to disrupt placental attachment, and in particular:U.K.

(a)

shocks, vibration or movement;

(b)

handling of loads entailing risks, particularly of a dorsolumbar nature;

(c)

noise;

(d)

ionizing radiation(1);

(e)

non-ionizing radiation;

(f)

extremes of cold or heat;

(g)

movements and postures, travelling — either inside or outside the establishment — mental and physical fatigue and other physical burdens connected with the activity of the worker within the meaning of Article 2 of the Directive.

[F12. Biological agents U.K.

Biological agents of risk groups 2, 3 and 4 within the meaning of points 2, 3 and 4 of second paragraph of Article 2 of Directive 2000/54/EC of the European Parliament and of the Council (2) , in so far as it is known that such agents or the therapeutic measures necessitated by them endanger the health of pregnant women and the unborn child, and in so far as they do not yet appear in Annex II.]

3.Chemical agentsU.K.

The following chemical agents in so far as it is known that they endanger the health of pregnant women and the unborn child and in so far as they do not yet appear in Annex II:

(a)

[F1substances and mixtures which meet the criteria for classification under Regulation (EC) No 1272/2008 of the European Parliament and of the Council (3) in one or more of the following hazard classes and hazard categories with one or more of the following hazard statements, in so far as they do not yet appear in Annex II:

  • germ cell mutagenicity, category 1A, 1B or 2 (H340, H341);

  • carcinogenicity, category 1A, 1B or 2 (H350, H350i, H351);

  • reproductive toxicity, category 1A, 1B or 2 or the additional category for effects on or via lactation (H360, H360D, H360FD, H360Fd, H360Df, H361, H361d, H361fd, H362);

  • specific target organ toxicity after single exposure, category 1 or 2 (H370, H371);]

(b)

[F1chemical agents in Annex I to Directive 2004/37/EC of the European Parliament and of the Council (4) ;]

(c)

mercury and mercury derivatives;

(d)

antimitotic drugs;

(e)

carbon monoxide;

(f)

chemical agents of known and dangerous percutaneous absorption.

[F1B. Processes U.K.

Industrial processes listed in Annex I to Directive 2004/37/EC.]

C.Working conditionsU.K.

Underground mining work.

ANNEX IIU.K.NON-EXHAUSTIVE LIST OF AGENTS AND WORKING CONDITIONSreferred to in Article 6

A.Pregnant workers within the meaning of Article 2 (a)U.K.

1.AgentsU.K.

(a)Physical agentsU.K.

Work in hyperbaric atmosphere, e.g. pressurized enclosures and underwater diving.

(b)Biological agentsU.K.

The following biological agents:

  • toxoplasma,

  • rubella virus,

unless the pregnant workers are proved to be adequately protected against such agents by immunization.

(c)Chemical agentsU.K.

Lead and lead derivatives in so far as these agents are capable of being absorbed by the human organism.

2.Working conditionsU.K.

Underground mining work.

B.Workers who are breastfeeding within the meaning of Article 2 (c)U.K.

1.AgentsU.K.

(a)Chemical agentsU.K.

Lead and lead derivatives in so far as these agents are capable of being absorbed by the human organism.

2.Working conditionsU.K.

Underground mining work.

(1)

See Directive 80/836/Euratom (OJ No L 246, 17.9.1980, p. 1).

(2)

[F1Directive 2000/54/EC of the European Parliament and of the Council of 18 September 2000 on the protection of workers from risks related to exposure to biological agents at work (seventh individual directive within the meaning of Article 16(1) of Directive 89/391/EEC) ( OJ L 262, 17.10.2000, p. 21 ).]

(3)

[F1Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 ( OJ L 353, 31.12.2008, p. 1 ).]

(4)

[F1Directive 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 ).]