European legislation its effect on health and safety. Does policy inhibit business success?

1. European legislation its effect on health and safety. Does policy inhibit business success? Gary Booton Director of Health, Safety & Environment

2. Overview • Drivers for community law • How ideas become law • Routes of influence • The uneven playing field –examples • Vibration • Noise • EMF • Optical, and • Stress • Conclusion

3. Drivers for community law • Health and safety action plan • Commission ideas • Events

4. How ideas become law. • Expert working groups • Council of Ministers • European Parliament • Conciliation

5. Routes of influence. • Expert working group • Commission • MEPs • Pressure Groups • EEF Member companies

6. The uneven playing field • Legal differences • U.K. implementation • Infraction proceedings

7. The Physical Agents (Vibration) DirectiveHAVs/WBV. • Europe - Physical Agents - Vibration • Whole Body • Action level, 0.8 m/s2 • Limit Value. 1.15 m/s2 • Hand-Arm vibration • Action Level, 2.5 m/s2 • Limit Value, 5 m/s2

8. Physical Agents (Noise) Directive. • Physical Agents - Noise • 1st Action Level, 80dB(A) • Upper Action Level, 85 dB(A) • Limit Value, 87dB(A)

9. Physical Agents (Electro-magnetic fields) directive • New EMF Physical Agents Directive • Is EMF harmful? • Implications for manufacturing

10. How can EMF effect people? Power Frequency • Small electrical currents can flow through the body • The current could interfere with the nerves • Brain and spinal-cord particularly relevant • Stimulation of nerves/muscles could result • Micro-shocks

11. How can EMF effect people? Mobile Phone • Higher frequency & therefore heating not electrical stimulation • ‘in design’ limits heating will not exceed that produced by light exercise

12. Where in business is EMF encountered? • Electric arc welding (MMA, MIG, TIG, spot) • RF Welding of plastics • Dielectric heating • Electro-plating • Induction furnaces • Security systems (Retail, airport) • MRI • Radar • Micro-wave communications

13. Cost benefit assessment European Commission 1992. • Lack of time meant it was impossible to base the study on extensive studies in Member States • the economic benefit of avoiding health impairment of accidents usually offsets costs • Costs will be offset by reduced compensation & yet no compensation has been paid for EMF exposure

14. Cost benefit assessment HSE April 2003 • We are …unable to identify any health and safety benefits from the Directive. • Quantified one-off costs range from approximately £50.8 to 161.7 million, while annual recurring costs range from approximately £59 to 158 million. • The ten year present value of these costs is between £0.5 - £1.5 billion. • Benefits = £0

15. Physical Agents (Optical Radiation) • Same format as other PA directives • EL for man-made sources of optical radiation • Manage exposure to natural UV • Processes include welding, lasers, foundries Etc • No Regulatory impact assessment • Adoption??

16. Physical Agents Directives – the problems • Noise – a real issue; lack of justification/design/consultation/project management. • Vibration – 1 real issue 1 fake, No realism • EMF – no real issue, no epidemiology • Optical – real issue but no change promised by HSE

17. Managing Stress • “Stress is the reaction that people have when they worry that they can’t cope with the pressures or other types of demand placed upon them.” • EU negotiated agreement • Directive next?

18. Conclusions. • Diverting business from the real issues is dangerous • Lack of a level playing field across EU • The outcome isn’t inevitable • Get in as early as possible • Organise to survive! • Does policy inhibit business success?

19. Gary Booton,Director of H, S&EEEF- the manufacturers’ organisation www.eef.org.uk