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 This initiative benefits from a grant of the EC

3. The Scientific Grounds • Crystalline silica is ubiquitous • Crystalline silica hazard is limited to the workplace • Crystalline silica hazard looks variable • Silicotics are at higher risk of lung cancer • Silicosis control prevents cancer • Today’s silicosis cases result from past exposures • Silicosis is a preventable disease • Respirable crystalline silica (RCS) exposure may be controlled

4. The Regulatory Grounds • The European Commission (EC) did not classify crystalline silica as a dangerous substance (67/548/EEC - 92/32/EEC) • Two EU legal framework for limit values: - the Chemical Agents Directive 98/24 (indicative or binding limits) - the Carcinogens Directive 2004/37 (binding limits) • April 2004: The EC announced the revision of the Carcinogens Directive and its intention to consider RCS/CS a carcinogen at work • Employers and Employees proposed to negotiate a Social Dialogue Agreement to be submitted to monitoring and reporting of application. They were supported by the EC • The Agreement was signed in April 2006. In April 2007, the EC launched the second stage consultation on the revision of the Carcinogens Directive and acknowledged the initiative.

5. Social Dialogue This initiative benefits from a grant of the EC

6. Social Dialogue at EU level • ART 138 of the EC Treaty • The Commission must: • promote consultation of the social partners at community level • take every useful measure to facilitate their dialogue. • On the occasion of a consultation, social partners can engage into a dialogue under art. 139. ART 139 of the EC Treaty The Community level dialogue between the social partners can lead, if they wish so, to collective bargaining, including agreements. The implementation can be made either through an EU instrument or through national channels. Autonomous agreements At the social partners’ request: EU Directive

7. Actors, structures and acts European cross-industry social partners (e.g. BUSINESS EUROPE – ETUC) European sectoral associations recognised as social partners (e.g. IMA-Europe – EMCEF) Capacity to act in a voluntary, autonomous and responsible way within adequate structures: Social Dialogue Committees 1 Cross-industry social dialogue committee 33 Sectoral Social Dialogue Committees (e.g. SSDC extractive industry) Framework Agreements, autonomous agreements, guidelines and codes of conduct, policy orientations, joint opinions, declarations…

8. The Agreement on Silicaunder Article 139 (1) & (2) EC Treaty • European Multi Sectoral Autonomous Social Dialogue Agreement • Contractual relationship between management and labour:binding to the EU the signatories and those who gave them a mandate • The Parties did not request EU implementation through 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)

9. The Signatories: NEPSI This initiative benefits from a grant of the EC

10. 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)

11. i.e. more than 2 million Employees and a business exceeding € 250 billion NEPSI The European Network for Silica A total of 14 sectors handling, using or producing crystalline silica or products containing it

12. 25 April 2006NEPSI Signature Ceremony

13. 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 (usually sectoral agreements) • First Agreementalso 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)

14. The Agreement This initiative benefits from a grant of the EC This initiative benefits from a grant of the EC

15. 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 The Agreement complies with H&S European standards and directives which remain applicable at all times

16. Scope and Structure Covers the entire production and use of crystalline silica and materials/products/raw materials containing crystalline silica Agreement: Core text Annex 1: Good Practices (Good Practice Guide) 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

17. 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

18. Annex I - The Good Practice Guide • PART 1: Respirable Crystalline Silica Essentials Introduction to RCS and its health effects Risk management: • Assessment • Control • Monitoring • Education • PART 2: Task Guidance Sheets • Describing good practice techniques for various common tasks and industrial circumstances specific to each sector.

19. Concept of the GPGPart 2 - Task Sheets Employee checklist Definition of the objective Title and (repeated) sub-titles

20. Preliminary reporting on the status of application June 2007 Application of the Agreement • The Agreement, translated into the 20 official EU languages, entered into effect 6 months after its signature, i.e. on 25 October 2006 • In 2007, a preliminary qualitative report on the status of application was issued by the NEPSI Council • Official quantitative reporting for the first time in 2008, and every 2 years from then on 2008… 2006 SIGNATURE25/04/06 Translation of the Agreement and GPG into 20 EU languages Entry into effect 25/10/06 First Reporting May 2008

21. Application in Practice • Risk Assessment • Training • Health Surveillance • Monitoring • Reporting This initiative benefits from a grant of the EC This initiative benefits from a grant of the EC

22. Risk Management See flow charts in Chapter 4 – Risk management, of the Good Practice Guide Risk Assessment Interpretation of results

23. What do I need to do? Question 1 : How do I determine whether people are exposed to respirable crystalline silica in my workplace?

24. What do I need to do? Question 2 : How do I conduct an assessment of personal exposure to respirable crystalline silica?

25. What do I need to do? Question 3 : I have done my exposure assessment, but I’m not sure how to interpret the results.

26. Risk assessmentIdentify RCS presence at the workplace In the materials / process • Is crystalline silica present or generated? • Are fine particles present or generated?

27. Risk assessmentMonitor 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 Document your findings!

28. Risk assessment Results Continuous improvement If ► Exposure to RCS is NOT detected ► Exposure to RCS is detected, but after assessment of personal exposure there isno 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

29. Risk Assessment ResultsImplement 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

30. TrainingAgreement,Article 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

31. 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

32. 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

33. 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

34. Biennial Reporting (as from 2008) Quantitative, bottom-up reportingthanks 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 compared to number of Employees potentially exposed to Respirable Crystalline Silica This initiative benefits from a grant of the EC

35. Reporting format – Annex 3 General information on reporting entity Exposure Risk Risk assessment & Dust monitoring Health surveillance Training Good Practices Key Performance Indicators

36. Reporting format Communication flow

37. To conclude This initiative benefits from a grant of the EC This initiative benefits from a grant of the EC

38. The Stakes • The EC 2nd phase consultation on the revision of Carcinogens Directive does not mention crystalline silica explicitly anymore and acknowledges initiatives • The European Commission keeps it right of initiative! • Employers and employees have to demonstrate commitment and honour their signature

39. The work starts now!!! The work starts now!!! You can't build a reputation on what you are going to do (Henri Ford)