New Royal Decree on exposure to electromagnetic fields
Royal Decree 299/2016 transposes to Spanish law Directive 2013/35 / EU, of June 26, 2013, on the minimum health and safety regulations related to exposure to electromagnetic fields. We include a practical guide for its application with real cases.
The Royal Decree 299/2016, of July 22, on the protection of health and safety of workers against the risks related to exposure to electromagnetic fields, published in the BOE of July 29, has as its object, in the framework of the Law on Prevention of Occupational Risks, establish minimum provisions for the protection of workers against risks to their health and safety derived or that may arise from exposure to electromagnetic fields during their work.
The provisions of this Royal Decree shall apply to activities in which workers are or may be exposed to risks arising from electromagnetic fields as a result of their work.
This standard refers to the risk to the health and safety of workers due to the known direct biophysical effects and the indirect effects caused by electromagnetic fields.
As news, according to the Government website:
“… this Royal Decree specifies the exposure limit values, while establishing the obligation of the employer to develop and implement an action plan that includes technical and organizational measures that prevent these values from being exceeded.
It also includes basic rights of workers in preventive matters, such as training and information, health surveillance or the right to be consulted and to participate in aspects related to prevention, as well as the sanctioning regime for non-compliance. ”
The standard does not address the possible long-term effects, since currently there is no proven scientific data establishing a causal link, nor the risks arising from contact with live drivers, but regulates the provisions aimed at avoiding or reducing risks and includes the business obligation to develop and implement an action plan that must have technical and / or organizational measures to prevent exposure exceeding certain limit values; determines the exposure limit values and action levels; establishes the obligation for the employer to carry out an evaluation and, if necessary, measurements or calculations of the levels of the electromagnetic fields to which the workers are exposed and includes a list of the aspects to which the employer must pay special attention when evaluating the risks.
Specifies that workers should not be exposed in any case to values higher than the exposure limit values; It includes two of the basic rights in preventive matter, such as the need for training of workers and information to these, are also established provisions relating to the monitoring of the health of workers in relation to the risks of exposure to fields electromagnetic
Finally, the RD establishes a series of possible exceptions to its provisions, also contemplated in the directive, and includes the sanctioning regime for non-compliance with the provisions of the RD, which is very important, since there is no rule without penalty for non-compliance .
As we have already said, this Royal Decree 299/2016 transposes the directive 2013/35 / EU of the European Parliament and the Council into Spanish law. For its part, the European Commission has developed a practical guide, non-binding, to help entrepreneurs, and particularly small and medium-sized enterprises, to understand what they must do to comply with the Directive.
It can also be useful for workers, their representatives and the regulatory authorities of the Member States. It consists of two volumes and a specific guide for SMEs.
All the information about this practical guide in this link.
Link to Royal Decree 299/2016 (pdf, 19 pages, 0.4 Mb)