HEALTH AND SAFETY
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EU Parliamentary Debate on Protecting Workers from Harmful Exposures to Sunlight "Optical Radiation Directive" Debate
The issue of Sun Protection has been subject to an EU Parliamentary debate and has subsequently been subject to a lot of press interest along with the usual distortion and misrepresentation in UK and German Tabloid Newspapers with the usual outrageous reporting. The "Optical Radiation Directive" debate concluded in Strasbourg on Tuesday 6 September. The Directive is principally designed to limit workers' exposure to lasers, X-rays, welding torches or ultra-violet lamps. However, the European Commission proposed the inclusion of a natural radiation - sunlight clause - with the backing of the Executive European Commission and backed by the Council of EU member state governments. The EU Parliament however voted against including the so called sunlight clause in the directive by 397 to 260 with 9 abstentions so rejecting binding Europe-wide rules that would have made employers responsible for workers' exposure to sunlight by more than the absolute majority needed to amend legislation by MEPs. The European Parliament vote on radiation at work law will now leave it to each individual EU member state to decide whether to regulate whether employers and bosses should have to protect staff from the sun's harmful radiation.
Pro-business Conservative, Liberal and Nationalist MEPs, Employers and Business denounced it as over-burdening business and welcomed the vote stating that the sunlight clause would have created an unwanted responsibility on employers with regard to sunlight exposure and set a precedent in terms of employers' future legal liability towards workers who get skin cancer from working in the sun. They claimed that EU-wide rules were unworkable because of the variation in climate across Europe with different levels of sunlight in Sweden and Spain, in Greece and Germany. They said the vote was a great victory for deregulation and less bureaucracy. Critics like British Lib Dem MEP Liz Lynne said it was no business of the EU to tell workers that they can't be bare-chested or wear shorts etc and that the EU should not be deciding that employers provide sun cream or sunglasses to workers.
Supporters (Socialist and Green MEPs) argued that it would help protect people who work outside from the danger of skin cancer and that EU legislation was vital to cut skin cancer rates among outdoor workers. British Labour MEP Stephen Hughes pointed out that cases of skin cancer in the UK had doubled in 25 years, and had risen by 15-20% among German farm workers in the last decade and vowed to continue to do what he could improve and not undermine worker protection. He accused the media and right-wing politicians of being hell-bent on misrepresenting important health and safety regulation. Stephen Hughes stated that "although an opportunity to give workers more information and protection had been lost, No employer out there should think that this means they needn't take account of solar radiation," he told Reuters, adding that existing EU law laid down the principle of employer responsibility for over-exposure to sunlight.
In its proposed original form, the Optical Radiation Directive would have forced employers to monitor workers' exposure to the sun, assess the risks and provide them with information and protection measures. All radiation can damage the skin and eyes.
However, EU member states may yet attempt to overturn the parliament's decision. If the EU Council, made up of ministers from the member states, rejects the parliament's decision, a conciliation committee will be set up to attempt to reach a compromise. The EU executive, who drafted the legislation to protect workers from exposure to artificial and natural radiation, said it would seek to balance worker' rights with reaching a deal. Parliament, governments and the Commission must now meet in a conciliation committee to agree on the final wording.
Mike Shepherd, HSE Senior Health Policy official earlier issued a warning from the Health and Safety Executive about the dangers of sun exposure in a message to outdoor workers the HSE message is to cover up when working and wear long sleeved work shirts to protect the skin from undue exposure to sun rays. For workers who spend a great deal of time working outside it is essential that they are aware of the precautions which can be taken. Allowing skin to burn and blister is not just painful at the time but can lead to serious consequences, particularly skin cancer. So encouraging those who work outdoors to keep their tops on is very important.
Skin cancer is one of the fastest growing cancers in the UK and there are around 40,000 new cases each year. Non-melanoma skin cancer is most associated with outdoor workers and is caused by long term exposure to excessive sunlight. Malignant melanoma is usually associated with short term exposure to intense sunlight. Malignant melanoma is less common but more dangerous as it can spread quickly.
The TUC had written to MEPs prior to the vote urging them to ensure workers get the protection they deserve stating that this is a serious health issue that requires a serious response. Australia dealt with the issue of protection for outdoor workers sensibly, and now has lower rates of skin cancer than the UK. As well as the cancer risk, excessive exposure to sunlight causes damage to the skin and macular degeneration, permanent damage to the eye. Add to that the risk of heat stress and heat stroke and outdoor workers have a genuine reason for concerns and a right to better protection at work.
Any enquiries should be addressed to Dave Joyce, National Health, Safety & Environment Office quoting reference No. P5.