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Optical radiation directive: don’t let sunlight be trapped in this Directive

Strasbourg, 6 September 2005

On Wednesday 7 September the European Parliament will vote on a second reading report by Csaba Öry (EPP-ED, Hungary) on the exposure of workers to risks from optical radiation. This proposal is the last of a series of four directives designed to protect workers from the dangers of “physical agents”; there other being noise, vibrations, and electromagnetic fields.

ESBA welcomes the objectives of the proposal to prevent long-term health dangers resulting from optical radiation and ensure an early diagnosis of damage to the eyes. However, ESBA would like to warn MEPs against the damaging effects of some articles of the draft proposal.

ESBA calls on all MEPs to support the amendments tabled by the Rapporteur Csaba Öry and adopted by the Employment and Social Affairs Committee.

All efforts to achieve a balanced proposal will be devastated if the risk caused by sunlight is included in the scope of the directive. According to the original proposal, employers would have to put evaluation procedures and an action plan into place. They would be obliged to assess the risk faced by their employees when exposed to the sun and take protection measures. Would this mean that employers have to provide sunglasses and sunscreen for their employees?Moreover, employers could be held responsible in cases where illnesses related to sun exposure appear, even in cases in which it is not be possible to determine the exclusive origin or time of exposure. Legal clarity is thus another weakness of the draft proposal.

Brian A. Prime, ESBA President, said: “This is a typical case where the principle of subsidiarity should apply, since the level and risk of sunlight radiation differ considerably between countries such as Finland and Spain”.

Through his amendments, Rapporteur Öry simply wants to reach a workable proposal and leave it up to the Member States to take appropriate measures regarding the risks of natural radiation from the sun and incorporate them into their national law. Please support these amendments.

Set the right priority: small firms can create jobs but cannot buy sunscreen for their staff

Small businesses are the key players in the EU-wide battle for more growth and jobs. Small businesses can innovate, adapt and react quickly to new market conditions because they are small. They can create added value and jobs. But there is one thing small business cannot do: deal with unnecessary administrative rules. Red tape dissuades employers from recruiting.

Given the role small businesses can play to achieve the goals of the Lisbon agenda, the EU leaders may want to try and help small businesses to be more competitive and create more jobs. However, such initiatives will not bring any results if the reality of small businesses remains caught by red tape. ESBA therefore urges MEPs to set the right priority and vote in favour of Öry’s amendments.

Note to the editor: ESBA is the only organisation in Europe to focus its representation on the needs of independent small business organisations (vs. statutory or compulsory membership groups). We gather today more than 1.5 millions voluntary members across 22 European countries, who are entrepreneurs putting faith in the EU to deliver proportionate and efficient regulation to help them access the benefits of the single market and create jobs.

For more information please contact: secretariat@esba-europe.org

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