HSE fights "gold-plated" EMF Directive

The HSE is making strenuous efforts to stop the "gold-plating" of a proposed EC Directive on electromagnetic fields (EMF). The HSE believes that the benefits of the current draft of the proposal are limited and heavily outweighed by the costs.¹

The proposal requires extensive exposure reduction once worker exposure at an "action value" is exceeded. The action values have been adopted from reference levels set in guidelines issued by the International Commission for Non-ionising Radiation Protection (ICNIRP). The HSE says that the ICNIRP reference levels are not intended to be used in this way and should not be adopted as action values.

The ICNIRP guidelines lay down limits on current density or energy absorption in the body well below the level of exposure likely to cause harm. Current density or energy absorption in a worker's body cannot be measured directly, but the reference levels, which represent the external EMF strengths produced by a source, can be measured. If the measured EMF strengths are lower than the appropriate reference level, the ICNIRP recommended exposure limit has not been exceeded and no further action is necessary. If they are greater than the reference level, the exposure limit may have been exceeded and further investigation is required.

The reference levels are intended as a marker used to calculate whether the exposure limits may have been exceeded. The HSE believes that action to reduce exposure is only appropriate above the limits; any other provision would impose costs for no benefit.

New UK legislation

EMF exposure can occur in any workplace that uses electrical equipment. The emissions of EMF will not normally cause the ICNIRP exposure limits to be exceeded, although in some cases they may be high enough to approach the reference level.

There is no UK legislation specific to EMF; the general duties to control risks contained in the HSW Act and the Management of Health and Safety at Work Regulations 1999 apply. The UK's National Radiological Protection Board (NRPB) has produced guidelines on occupational exposure to EMF, which are essentially the same as the ICNIRP guidelines, and the HSE expects employers to refer to these to comply with the general duties.

The HSE insists that compliance with the NRPB/ICNIRP guidelines affords sufficient protection and control to prevent any instance of ill health. If the proposed Directive simply utilises these guidelines and adopts their concepts, there should be no impact on industries that already comply. Compliance with the exposure limits set out in the guidelines would ensure that there is no risk to workers from exposure to EMF. The only instances of ill health or injury known to the HSE concern substantial EMF over-exposure caused by very infrequent accidents or incidents.

The HSE acknowledges that the proposed Directive should have the effect of increasing awareness of the risks of over-exposure, but believes the effect on such incidents is likely to be minimal. The HSE is unable to identify any health and safety benefits from the proposed Directive; there would be unquantifiable benefits to trade in providing a harmonised level of protection of workers to exposure to EMF across Europe.

Prognosis uncertain

The proposed EMF Directive stems from a 1993 EC proposal for a physical agents Directive that sought to establish a new framework for the regulation of physical agents at work, applying initially to noise, vibration, optical radiation and non-optical electromagnetic fields.

In 1999, the German presidency of the EU put forward a revised proposal limiting the scope of the Directive to vibration (hand-arm and whole body) with the intention of developing further Directives on other physical agents. This approach is supported by the UK. The vibration and noise Directives have been adopted (The EC vibration Directive), and in September 2002 the Danish presidency introduced a proposal for an EMF Directive on occupational exposure. (It specifically does not address suggested long-term effects of low-level exposure for which there is insufficient scientific evidence.)

Several meetings of the European Council Social Questions Working Group discussed the proposal under the Greek presidency in the first half of 2003, and it is being taken forward under the Italian presidency, which began on 1 July. The Group was due to meet again as HSB went to press; any further meetings will not take place until September.

During negotiations, the Directive has kept the terms "action values" and "limit values". The HSE prefers the ICNIRP terms, but will accept the alternatives provided that the requirements are aligned to the ICNIRP concepts. The requirement to minimise risks once the action/reference level is exceeded remains contentious.

The HSE has produced a regulatory impact assessment (RIA) on the original Danish proposal and has asked the European Commission to provide an up-to-date impact assessment of the proposal.

¹"Proposal for a Directive of the European Parliament and of the Council on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (electromagnetic fields) (individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)", available from Kirsty Marshall, HSE, Physical Agents, tel: 020 7717 6254, email: kirsty.marshall@hse.gsi.gov.uk.