Legal base: Article 137, to implement improvements of the working environment to protect workers’ health and safety.
HSE.
The Directive came into force on 30 April 2004 when it was published in the Official Journal of the EU. Originally Member States had until 30 April 2008 to implement the Directive. But it has now been amended by a new Directive (2008/46/EC), which has amended the implementation date to 30 April 2012 - see below.
This Directive introduces provisions on risk assessment, control of exposure, health surveillance and information, instruction and training.
The Directive is based on the values incorporated in the occupational exposure guidelines issued by the International Commission on Non-Ionizing Radiation Protection (ICNIRP) which are broadly in line with those of the Health Protection Agency (formerly the National Radiological Protection Board, NRPB). However these are currently being reviewed.
Following concerns across Europe that some medical procedures which include interventional MRI scanning will expose workers, such as radiologists, to levels above the exposure limit values in the 2004 Directive. HSE-funded research into the impact of the Directive was published on 15 June 2007. The research findings indicate some procedures, as currently practiced, could cause the levels in the Directive to be exceeded. These findings have now been confirmed by further research carried out for the European Commission (EC), which is about to be published.
In October 2007, the EC introduced a proposal to postpone, for four years - until 30 April 2012, the deadline for EU Member States to introduce their National legislation to implement the 2004 Directive. This has now been adopted by the European Parliament and the Council and published in the official journal as Directive 2008/46/EC.
The delay will allow the European Commission enough time to carry out a full impact assessment of the Directive and consider new scientific advice, before proposing further amendments to address the impact of the original Directive.
HSE will continue to work with the EC and other stakeholders to resolve these issues in a way that ensures the right balance is struck between patient care and the health and safety of the workers affected.
The EC has indicated that it intends to commission a new impact assessment on the Directive. This is likely to be available by early 2009. After that it is likely to enter into social dialogue on the way forward.
