Regulations: prevention of electromagnetic field exposure risks

A 2016 decree requires employers to assess the risks of exposure to electromagnetic fields. The objective is to prevent exceeding limit values to protect workers, especially young people and pregnant women.

Marie Faucon
Consultante HSE
Publication : 
10.10.2016
Table of Contents
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Please note: This article concerns French legislation. The requirements described may not apply in other countries.

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Decree No. 2016-1074 of August 3, 2016, concerning the protection of workers against risks due to electromagnetic fields sets out the main obligations of employers regarding the prevention of risks of exposure to electromagnetic fields. It thus transposes into Articles R. 4453-1 to R. 4453-34 of the Labor Code Directive 2013/35/EU of July 26, 2013, concerning the minimum safety and health requirements regarding the exposure of workers to risks due to electromagnetic fields. Here's an overview of this topic.

The electromagnetic fields are, for example, produced by electrolysis, ultrasonic and induction welding, induction surface treatment, or microwaves.

Risk Assessment of Worker Exposure to Electromagnetic Fields

The employer must assess the risks resulting from workers' exposure to electromagnetic fields. This assessment must allow for a determination in relation to:

  • the action values (AVs) triggering preventive measures,
  • and the exposure limit values (ELVs) which must not be exceeded except in specific circumstances subject to strict control.

The risk assessment for electromagnetic fields can be carried out based on documentary data. When these data do not allow for a conclusion that there is no risk of exceeding the AVs or ELVs, the employer must proceed with the measurement, calculation, or numerical simulation of electromagnetic field levels.

Employers may notably refer to the Non-binding guide to good practice for the implementation of Directive 2013/35/EU "Electromagnetic Fields". The first volume provides advice on conducting risk assessments, and the second volume presents 12 case studies (mechanical workshop, welding, metallurgy, etc.) to help employers approach this assessment. A version of this guide is available specifically for SMEs.

INRS offers online tools to assist companies with this risk assessment work. The Oseray software (Simplified Electromagnetic Radiation Assessment Tool) thus allows companies to estimate exposure to electromagnetic fields.

The results of the risk assessment must be recorded in the single document. They must be communicated to the occupational physician and the health, safety, and working conditions committee (CSE).

The employer must ensure that every worker likely to be exposed to a risk related to electromagnetic fields receives all necessary information. They must also be able to receive training related to the results of the risk assessment.

Exceeding Action Values (cf. Article R. 4453-4 of the Labor Code)

When the risk assessment concludes that the AVs are exceeded, the employer must determine and implement preventive measures and means such as:

  • reduce exposure risks. This involves, in particular, adopting new processes or equipment, modifying workspaces or work organization, or providing PPE;
  • report, except where exempted, locations where workers are likely to be exposed beyond the action value (AV) and restrict access to them if necessary;
  • adapt these measures with the occupational physician for workers at particular risk (e.g., pregnant women and workers with medical devices)
  • establish a workstation instruction sheet.

These measures are not necessary when all the following conditions are met:

  • The action values only concern direct biophysical effects (tissue heating, stimulation of muscles, nerves, or sensory organs, etc.);
  • The employer has demonstrated that the exposure limit values are not exceeded;
  • Safety risks can be ruled out.

Exceedance of exposure limit values (see Article R. 4453-3 of the Labor Code)

When prevention measures do not prevent an exceedance of ELVs, the employer must:

  • immediately take measures to reduce exposure to a level below the ELVs;
  • determine the causes of the ELV exceedance;
  • inform the CSE and the labor inspectorate's control agent of the presumed causes of the exceedance and the measures planned to prevent recurrence;
  • restrict access to the affected workplaces;
  • provide the affected employees with a medical examination.

Specific case of exceedance of exposure limit values related to sensory effects (dizziness, nausea, etc.)

When the employer has no possible alternative to exceeding the ELVs related to sensory effects, in addition to the above provisions, they must, in particular:

  • inform the occupational physician and the CSE;
  • designate a person responsible for acting as an electromagnetic field risk prevention advisor;
  • organize enhanced training for each affected worker;
  • implement a system allowing workers to report the onset of any sensory effect;
  • provide the occupational physician with information on the nature of the work, the characteristics of electromagnetic fields, and the levels and frequency of exposure.

Exposure to electromagnetic fields for young workers and pregnant women

It is prohibited to assign young workers under 18 years of age to work exposing them to electromagnetic fields, i.e., work for which the risk assessment results indicate the possibility of exceeding the ELVs.

Furthermore, the exposure of pregnant women to electromagnetic fields must be maintained:

  • at a level as low as reasonably achievable, taking into account existing best practice recommendations;
  • and, in all cases, at a level below the public exposure limit values for electromagnetic fields defined by Decree No. 2002-775 of May 3, 2002.

Conclusion

As you can see, multiple actions must be taken depending on the results of the electromagnetic field risk assessment. It is therefore important to adopt a methodical and pragmatic approach to undertake the appropriate actions.

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