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Title: This initiative benefits from a grant of the EC


1
The Agreement on Workers Health Protection
through the Good Handling and Use of Crystalline
Silica and Products Containing it
This initiative benefits from a grant of the EC
2
The grounds for such an initiative
This initiative benefits from a grant of the EC
This initiative benefits from a grant of the EC
3
  • Crystalline Silica is ubiquitous in nature it
    forms 12 of the Earth crust !

"If man wishes to live in a silica free
environment, he must move to another planet"
Brian Coope A Socio-Economic Review of
Crystalline Silica Usage September 1997
4
RCS health effects
"Silicosis is a lung disease caused by inhaling
damaging amounts of respirable free crystalline
silica"
H. Weill, R. N. Jones, W. R. Parkes, Occupational
Lung Disorders, 3rd edition, 1994
5
IARC (International Agency for Research on Cancer)
  • Crystalline silica hazard is limited to the
    workplace
  • Crystalline silica hazard is variable

Crystalline silica inhaled in the form of quartz
or cristobalite from occupational sources is
carcinogenic to humans (group 1).In making the
overall evaluation, the Working Group noted that
carcinogenicity was not detected in all
industrial circumstances studied. Coal dust
cannot be classified as to its carcinogenicity to
humans (group 3). IARC Monograph 68, Silica,
silicates, dusts and organic dusts, 1997
Crystalline silica is not a priority for
classification in Directive 67/548 DG ENV-
European Chemicals Bureau - Ispra Oct. 1998
Sept. 2002
6
SCOEL¹ (Scientific Committee for Occupational
Exposure Limits)
  • Silicotics are at higher risk of lung cancer
  • Silicosis is a preventable disease
  • Silicosis control prevents cancer

The main effect in humans of the inhalation of
respirable silica dust is silicosis. There is
sufficient information to conclude that the
relative risk of lung cancer is increased in
persons with silicosis (and apparently, not in
employees without silicosis exposed to silica
dust in quarries and in the ceramic industry).
Therefore preventing the onset of silicosis will
also reduce the cancer risk. SCOEL1 SUM Doc
94-final, June 2002
  1. SCOEL European Commission DG EMPL

7
Silicosis statistics
  • Chronic silicosis results from previous
    exposures (latency 20 years)
  • Exposure to crystalline silica dust may be
    controlled

Belgium Fonds des Maladies Professionnelles Fran
ce Statistiques Financières et Technologiques
des Accidents du Travail, CNAM UK
Health Safety Statistics, HSE Germany
Berufgenossenschaften Statistiken
8
Respirable quartz OELs in the EU
Limits alone are not enough
(1) Other limits are applied for dust containing
quartz (2) Since 1 October 2006 (3) No OELs for
crystalline silica since 2005, instead there is a
workers health protection system.
9
Social Dialogue and the NEPSI Agreement
This initiative benefits from a grant of the EC
This initiative benefits from a grant of the EC
10
Social Dialogue a new approach
  • EC Treaty makes Social Dialogue a reality
    through its Articles 138 and 139
  • Social Dialogue Agreements process-oriented
    Texts
  • Two types of SD Agreements Autonomous
    agreements implemented in accordance
    with the procedures and practices specific to
    management and labour and
    the Member States (MS)
  • Agreements implemented by Council
    decision implemented at the joint
    request of the signatory parties by a Council
    decision (Council
    directives) on a proposal from the Commission

11
The NEPSI Agreementunder Article 139 (1) (2)
EC Treaty
  • Agreement at European level
  • Contractual relationship between management and
    labour binding in the EU the signatories and
    those who gave them a mandate
  • 2. Autonomous implementation
  • The Parties did not request a Council decision

    Social Partners are responsible for the
    implementation
  • ? Implementation in accordance with the
    procedures and practices specific to management
    and labour, and the MS
    Possibility to transpose the
    Agreement as it is at national level (e.g.
    inclusion in collective bargaining agreements)

12
NEPSI The European Network for Silica
5 Extractive Sectors Aggregates (UEPG), Cement
(Cembureau), Industrial Minerals (IMA-Europe),
Mines (Euromines), Natural Stones (EuroRoc) 9
consumer sectors Ceramics (Cerame-Unie), Foundry
(CAEF/CEEMET), Glass fibre (APFE), Special
(ESGA), Container (FEVE) Flat Glass (GEPVP),
Mineral Wool (EURIMA), Mortar (EMO), and Pre-cast
Concrete (BIBM)with their Unions
representatives (EMCEF EMF)
13
NEPSI The European Network for Silica
A total of 14 sectors handling, using or
producing crystalline silica or products
containing it
14
NEPSI Signature Ceremony25 April 2006
15
An innovative initiative
  • Fourth Autonomous SDA after telework (2002),
    European licence for drivers carrying out a
    cross-border interoperability service (01/2004),
    and work-related stress (10/2004) Agreements
  • First multisectoral European Agreement
  • First Agreement also signed by non-social
    partners having successfully been scrutinised by
    the EC as representative of their sector
  • First Agreement to be supported by a structured
    reporting process througha Council set up by the
    Parties
  • First European Agreement published in the
    Official Journal of the EU (17 Nov. 2006,
    section C)

16
National Implementation Tools Procedures
  • Implementation depends on national industrial
    relations systems
  • Bipartite solutions
  • Social partner agreements guidelines for
    collective agreement negotiations
  • National sectoral collective agreements
  • Other bilateral social partner texts -
    sector, company and/or group level, e.g. works
    council agreements - guides codes of good
    practices

2. Tripartite solutions
  • Through national legislation (fully or on some
    aspects)
  • Involvement of government at social partners
    request to assist implementation

17
The Agreement
This initiative benefits from a grant of the EC
This initiative benefits from a grant of the EC
18
The Objectives
  • The Agreement aims at
  • protecting the health of Employees
  • minimizing exposure to Respirable Crystalline
    Silica (RCS) by applying the Good Practices and
  • increasing knowledge about potential health
    effects of RCS and about Good Practices

19
Agreement structure
Core text of the Agreement Annex 1 Good
Practices (Good Practice Guide, GPG) Annex 2
Dust Monitoring Protocol Annex 3 Reporting
Format Annex 4 List of Research Projects Annex
5 Descriptions of Industries Annex 6 The
Council Secretariat Annex 7 Procedure for the
Adaptation of the Good Practices Annex 8 Health
Surveillance Protocol for Silicosis
20
The Scope
Covers the entire production and use of
crystalline silica and materials/products/raw
materials containing crystalline silica
The Agreement complies with HS European and
national standards and directives which remain
applicable at all times
21
Principles
Carry out an INITIAL RISK ASSESSMENT Based on the
results of personal DUST EXPOSURE MONITORING
Implement Good Practices (collective and if
necessary personal protection measures)
Provide information, instruction and training to
the workforce
Organise health surveillance
Monitor the application of the Agreement Good
Practices (site level)
REPORT to the NEPSI Council on the application of
the Agreement (Annex 3)
22
The core of the Agreement
Risk assessment through a simple series of
Questions/Answers including detection of exposure
to RCS and identification of existing control
measures, if necessary exposure monitoring and
implementation of additional control measures
using the specific Task sheets provided in Part 2
of the GPG.
Monitoring of the application of the Good
Practices at site and company level.
Reporting from site to company, from company to
national sector level, from national level to
European sector level and from there to the NEPSI
Council The NEPSI Council prepares a summary
report on the application of the Agreement, to be
sent to the European Commission and national
authorities responsible for workers safety
23
The Good Practice Guide (GPG) for Dust Prevention
in the WorkplaceRespirable Crystalline Silica
  • Two parts
  • Respirable Crystalline Silica Essentials
  • Task Guidance Sheets describing good practice
    techniques for various common tasks

24
Concept of the GPGPart 2 - Task Sheets
25
What does it mean in practice?
This initiative benefits from a grant of the EC
This initiative benefits from a grant of the EC
26
Application of the Agreement
  • The Agreement, translated into the 20 official
    EU languages, has entered into effect 6
    months after its signature, i.e. on 25 October
    2006
  • In 2007, a preliminary reporting on the status
    of application will be organized
  • Official reporting for the first time in 2008,
    and every 2 years from then on

27
Application of the principles
Carry out an INITIAL RISK ASSESSMENT Based on the
results of personal DUST EXPOSURE MONITORING
Implement Good Practices (collective and if
necessary personal protection measures)
Provide information, instruction and training to
the workforce
Organise health surveillance
Monitor the application of the Agreement Good
Practices (site level)
REPORT to the NEPSI Council of the application of
the Agreement
28
Risk assessment identify RCS presence
In the materials / process
  • Is crystalline silica present or generated?
  • Are fine particles present or generated?

29
Risk assessment monitor RCS level
At the workplace
  • Assessment of personal exposure to RCS
  • IDENTIFY
  • Concerned substances processes
  • Workers exposed
  • Locations, circumstances, frequency, duration
    of exposure
  • Existing control measures

CARRY OUT Personal exposure monitoring See
Annex 2 Dust monitoring protocol
COMPARE Your results to relevant exposure
limits See Good Practice Guide Annex 1
30
Risk assessment Results continuous improvement
If ? Exposure to RCS is NOT detected ?
Exposure to RCS is detected, but after assessment
of personal exposure there is no potential for
personal exposure levels to exceed the national
OEL and dust control measures already satisfy the
general prevention
  • Document your findings
  • (Continue to) Apply general prevention principles
  • Provide appropriate training to the workforce
  • Keep the situation under review in case things
    change

31
Risk Assessment Results implement good practices

If ? Exposure to RCS is detected and personal
exposure levels might exceed the national OEL and
/ or dust control measures do not satisfy the
general prevention
  • Implement additional control measures using the
    Task sheets provided in Part 2 of the GPG as an
    illustration of Good Practices
  • Apply general Prevention Principles including
    appropriate training to the workforce
  • Document your findings

32
TrainingArticle 5.4
? Risks to health which may arise from exposure
to RCS ? Good practices ? How to use the applied
control measures
In the Agreement, Employers have committed to
organise periodic training on the implementation
of Good Practices, while Employees have
undertaken to follow this training.
See Task Sheet 2.1.19 for guidance on the
organisation and implementation of training
33
Health Surveillance
  • Depending on the results of the risk assessment,
    the physician in charge of health surveillance
    will define for each site the scope of medical
    examinations to be performed according to
  • National regulations
  • Art. 10 of Directive 98/24 as transposed into
    national law (individual health exposure
    records contents, access and confidentiality,
    follow-up and update)
  • Annex 8 Health Surveillance Protocol for
    Silicosis

34
Health Surveillance for SilicosisAnnex 8
  • Respiratory medical surveillance program
    including
  • Medical file established at the time of hiring
    and kept for 40 years after end of exposure
  • Medical examination of the thorax
  • Pulmonary / respiratory function testing
  • Chest X-rays

35
Monitoring of the application at site and
company level
Site level
One employee to monitor application on one /
several sites
Site report
  • One employee to
  • Elaborate an action plan for monitoring (in
    cooperation with company workers
    representatives)
  • Collect and consolidate site reports

Company level
Company report
National sector levels
36
Biennial Reporting (as from 2008)
Quantitative, bottom-up reporting thanks to a
form to be filled-in once every 2 years at site
level and consolidated at company, country and
sector levels
Key performance indicators () number of
Employees covered by
Risk Assessment Dust Monitoring
Health Surveillance (generic silicosis)
Training (general principles task sheets)
Good Practices (technical/organizational measures PPE)
compared to number of Employees potentially
exposed to Respirable Crystalline Silica
37
Reporting format Annex 3
General information on reporting entity
Exposure Risk
Risk assessment Dust monitoring
Health surveillance
Training
Good Practices
Key Performance Indicators
38
Reporting format Communication flow
39
The NEPSI Council (1)
Each signatory European industry sector
association and trade union federation is
represented within a bi-partite Council, which
meets at least every reporting year.
The Council takes decisions by consensus or at a
double majority of 75.
  • The Council is in charge of
  • adaptation of the Good Practices
  • communication with third parties through a
    secretariat
  • follow-up of the application of the agreement
  • consolidation of the biennial report

40
The NEPSI Council (2)
41
The work starts now!!!
The work starts now!!!
You can't build a reputation on what you are
going to do (Henri
Ford)
42
Getting prepared for application
This initiative benefits from a grant of the EC
43
Keep the momentum going
June 2008 reporting of the application
25 April 2006
  • Disseminate
  • Advertise
  • Explain
  • Structure
  • Report on the status of implementation

44
Disseminate
  • To the Members of the Signatory parties and

Public Media
Non signatory sectors
Non members of signatory sectors
National NEPSI
Institutes
National authorities
Insurance
Company management
Site managers
HS practitioners
Occupational physicians
Risk managers
Auditors
Workers representatives
Press releases
Silica Task Force Social Dialogue Liaison
Forum Standing Working party of the Extractive
Industry
In some MS already, negotiations are opened to
insert the SDA as it is in collective bargaining
agreements, national NEPSI networks develop
through national meetings Formal presentations at
the DG ENT Raw Materials Supply Group DG EMPL
Advisory Committee for Safety and Health at Work
Publication in the OJ
Translation into the 20 EU languages
Signatories GA TC meetings(e.g. UEPG HS
Committee)IMA SDA training Rome IMA CZ-SK
Prague SAMSA/QPA LoughboroughMIF Paris, etc.
45
Advertise
Visit www.nepsi.eu
46
Explain Guidance tools
  • NEPSI (joint) Reading Guidelines to the Agreement
  • Including short introductions to SDA and NEPSI
  • NEPSI (joint) Q/A
  • Individual training tools and sessions
  • Info pack available on www.nepsi.eu
  • Including a contacts list, the guidelines and
    Q/A, the Agreement and GPG in the requested
    language, press releases, short presentation
    films, interesting websites, related events,

47
Structure NEPSI today
From a negotiation platform to the European
Network on Silica
48
Report 2007 implementation
  • Qualitative report to be filled in at national
    level only, consolidated at sector (EU) and
    Council level
  • Practical instructions for a sensible
    communication chain prepared at sector level

Sector (EU) association
Leading company ? national CHAMPION
National member assoc.
49
2007 preliminary report Contents
Practical modalities deadline, addressee, short
explanation
Reporting entitys details
  • Dissemination of
  • The Agreement
  • Application / training tools
  • Contacts and presentations (social partners,
    institutions, other stakeholders)

50
2007 preliminary report Contents
  • Application
  • Organisation of training sessions (target, venue,
    subject)
  • Nomination of responsible persons
  • Research

Free text
51
2007 preliminary report Recommendations
To sector associations Facilitate the
communication flow ? Nominate responsible
individuals as national contacts, either within
national members associations or as champions ?
Circulate a list of responsible individuals
top-down, requesting to inform national contacts
of NEPSI-related initiatives.
To national contacts Integrate available
information ? Keep track of any initiative
related to the implementation of the Agreement
52
To-do list
53
Action Plan for Concerned Parties
  • Distribution of translated documentation to
    Members
  • Raise awareness about the SDA and GPG Websites,
    press releases, presentations, conferences
  • Creation of tools Briefing paper, use of the
    NEPSI reading guidelines Q/A for the Agreement,
    training material
  • Develop a consistent communication policy /
    coherent documentation for external communication
    on the SDA
  • Organise reporting e.g. nominate responsible
    person at national sector level (association /
    champion)
  • Promotion within other sectors

54
Company Check List
  • Disseminate the Agreement (including its Annexes,
    specifically the Good Practice Guide) to all
    operational entities at which RCS occurs
  • Implement and follow-up the risk assessment
    procedure
  • Organise Health Surveillance and Disseminate
    Annex 8 Health Surveillance Protocol for
    Silicosis to the employee(s) or external medical
    advisors who have the responsibility for the
    safety and health program.
  • Organise Dust Monitoring and disseminate Annex 2
    Dust Monitoring Protocol to the experts in
    charge
  • Organise and install a monitoring system for the
    application of the Agreement and Good Practices
    for each site (according to Article 6)
  • Organise appropriate training for the
    implementation of the Good Practices at company /
    site levels
  • Disseminate Annex 3 Reporting format to the
    persons in charge of the monitoring of the
    application of the Agreement and Good Practices
    at site and company level

55

To conclude
The NEPSI initiative is innovative in many
ways.Having reached an Agreement is only a first
step towards success It is now up to the
signatories and their members to demonstrate its
workability
Action speaks louder than words
56
Thank you for your attention
For more details please contactNEPSI Secretariat
c/o IMA-Europe, Brussels Tel 322 524 55
00Fax 322 525 45 75e-mail v.pootbaudier_at_ima-e
u.orgvisit the website http//www.nepsi.eu
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