European Commission – Pregnant Worker Directive 92/85/EC

Directive 92/85/EC – Pregnant Workers

Introduced 19th of October 1992

Pregnant woman standing outside on a sunny day

Objective

The objective of this Directive is to protect the health and safety of women in the workplace when pregnant or after they have recently given birth and women who are breastfeeding.

Contents

Under the Directive, a set of guidelines detail the assessment of the chemical, physical and biological agents and industrial processes considered dangerous for the health and safety of pregnant women or women who have just given birth and are breast feeding.

The Directive also includes provisions for physical movements and postures, mental and physical fatigue and other types of physical and mental stress.

Pregnant and breastfeeding workers may under no circumstances be obliged to perform duties for which the assessment has revealed a risk of exposure to agents, which would jeopardize their safety or health. Those agents and working conditions are defined in Annex II of the Directive.

Member States shall ensure that pregnant workers are not obliged to work in night shifts when medically indicated (subject to submission of a medical certificate).

Employers or the health and safety service will use these guidelines as a basis for a risk evaluation for all activities that pregnant or breast feeding workers may undergo and must decide what measures should be taken to avoid these risks. Workers should be notified of the results and of measures to be taken which can be adjustment of working conditions, transfer to another job or granting of leave.

The Directive grants maternity leave for the duration of 14 weeks of which 2 weeks must occur before birth.

Women must not be dismissed from work because of their pregnancy and maternity for the period from the beginning of their pregnancy to the end of the period of leave from work.

Annex I – Non exhaustive list of agents and working conditions referred to in Art.4 of the directive (assessment and information)

A. Agents

1. Physical agents where these are regarded as agents causing foetal lesions and/or likely to disrupt placental attachment, and in particular:

(a) shocks, vibration or movement;

(b) handling of loads entailing risks, particularly of a dorsolumbar nature;

(c) noise;

(d) ionizing radiation (*);

(e) non-ionizing radiation;

(f) extremes of cold or heat;

(g) movements and postures, travelling – either inside or outside the establishment – mental and physical fatigue and other physical burdens connected with the activity of the worker within the meaning of Article 2 of the Directive.

2. Biological agents

Biological agents of risk groups 2, 3 and 3 within the meaning of Article 2 (d) numbers 2, 3 and 4 of Directive 90/679/EEC (¹), in so far as it is known that these agents or the therapeutic measures necessitated by such agents endanger the health of pregnant women and the unborn child and in so far as they do not yet appear in Annex II.

3. Chemical agents

The following chemical agents in so far as it is known that they endanger the health of pregnant women and the unborn child and in so far as they do not yet appear in Annex II:

(a) substances labelled R40 (limited evidence of a carcinogenic effect), R45 (May cause cancer), R46 (May cause inheritable genetic damage), and R47 (May cause birth defects) under Dangerous Substances Directive (67/548/EEC) in so far as they do not yet appear in Annex II;

(b) chemical agents in Annex I to Directive 90/394/EEC (Protection of workers from the risks related to exposure to carcinogens) ;

(c) mercury and mercury derivatives;

(d) antimitotic drugs;

(e) carbon monoxide;

(f) chemical agents of known and dangerous percutaneous absorption.

B. Processes

Industrial processes listed in Annex I to Directive 90/394/EEC.

C. Working conditions

Underground mining work.

Annex II – Non exhaustive list of agents and working conditions referred to in Art.6 of the directive (cases in which exposure is prohibited)

A. Pregnant workers within the meaning of Article 2 (a)

1. Agents

(a) Physical agents

Work in hyperbaric atmosphere, e.g. pressurized enclosures and underwater diving.

(b) Biological agents

The following biological agents:

– toxoplasma,

– rubella virus,

unless the pregnant workers are proved to be adequately protected against such agents by immunization.

(c) Chemical agents

Lead and lead derivatives in so far as these agents are capable of being absorbed by the human organism.

2. Working conditions

Underground mining work.

B. Workers who are breastfeeding within the meaning of Article 2 (c)

1. Agents

(a) Chemical agents

Lead and lead derivatives in so far as these agents are capable of being absorbed by the human organism.

2. Working conditions

Underground mining work.

*****

The Irish Army Air Corps only started carrying out “adequate” risk assessments in the past year so for 25 years pregnant females at Baldonnel were dangerously exposed to Carcinogens, Mutagens & Teratogens.

Any pregnant females working in proximity to running aircraft or aircraft being refueled, such as in the ramp area, or downwind of the ramp were exposed.

  • Exhaust gasses contain Carbon Monoxide as well as TetraEthyl Lead and other hydrocarbon fumes.
  • AVGAS – 100LL  refuelling fumes contained Gasoline, Tetraethyl Lead, Toluene, Xylene, Ethylbenzene, Cyclohexane, n-Hexane, Trimethylbenzene, Naphthalene and Isopropylbenzene.
  • AVTUR – Jet A1 refueling fumes contain Kerosine, Ethylbenzene, Xylene and Isopropylbenzene.
  • Fuel System Anti Icing additives used by the Irish Army Air Corps included 2-(2-methoxyethoxy)ethanol which is a known to cause reproductive and developmental toxic effects.

Furthermore pregnant females working in or entering into Avionics, ERF or Engineering Wing hangar were being exposed to further known Carcinogens, Mutagens and Teratogens including Dichloromethane, Isocyanates & Trichloroethylene to name but a few.

Due to the fact that the working dress & overalls of technicians were (and still are) brought home to be washed in domestic family washing machines it is extremely likely that pregnant spouses & partners of Air Corps personnel were also affected.

This may have lead to miscarriages, stillbirths, lifelong genetic diseases & developmental conditions such as autism in the children of personnel.

Minister of state for defence to probe whistle blower dismissal claim

Minister of state for defence Paul Kehoe has said he has written to the Defence Forces seeking a report on claims that an Air Corps whistle-blower is facing dismissal and that documents key to legal cases against the State were deliberately shredded.

The Irish Examiner recently reported that two separate whistle-blowers told Mr Kehoe that a Defence Forces official ordered the destruction of health and safety reports that showed that the Air Corps’ management of the use of hazardous chemicals was lacking.

On Monday, this newspaper revealed that one of these whistle-blowers is now facing dismissal from the Defence Forces.

In the Dáil yesterday, Mr Kehoe confirmed he was informed of the allegations.

“Certain allegations were made that the documents were destroyed,” Mr Kehoe confirmed.

“I have requested a report from the Chief of Staff on the actions taken on foot of the accusation. When the report is to hand I will consider what further steps may be required to take.

“I didn’t destroy any reports, nor am I aware of anyone destroying any reports but I have asked the Chief of Staff of the Irish Defence Forces to investigate this matter, to find out about these reports and what happened them and to the reasons why they are not kept on record in the Defence Forces.

“Regarding the individual in the Defence Forces and a dismissal, I only became aware of this, I don’t want to say an exact date, but I’ve asked for a report on that issue.”

Mr Kehoe angrily rejected opposition party suggestions that the Government has been slow to address the matter.

Read more on the Irish Examiner website

Air Corps accuser facing dismissal in August; Whistleblower disclosed use of hazardous chemicals at aerodrome

A serving Air Corps whistle-blower is facing dismissal from the Defence Forces next month, due to an “industrial dispute”.

“Good News”  Taoiseach Leo Varadkar cares more about socks than service personnel.

The Irish Examiner can reveal that the man, who made protected disclosures about health and safety management of hazardous chemicals at Casement Aerodrome, Baldonnel, has been summoned to appear before a Defence Forces medical board in August.

A brief report, issued prior to the board meeting, has accused the member of “chronic ineffectivity” due to anxiety and a “work-related industrial dispute”.

The Protected Disclosures Act was introduced in 2014 to protect whistle-blowers from being penalised for reporting issues in their workplace.

This newspaper can also reveal that the man previously met with junior defence minister Paul Kehoe in Government Buildings, to discuss his concerns.

The man told Mr Kehoe that an Air Corps official ordered the shredding of health and safety inspection reports dating back to the 1990s. He is the second whistleblower to make such an allegation.

The claim was also made in a written disclosure submitted by a different whistleblower, in April — a statement that further named the official alleged to have ordered the reports’ destruction.

However, Mr Kehoe has ruled out any investigation into the documents’ disappearance, despite previously admitting that he could only offer “speculative” reasons as to why they cannot be found.

Six former Air Corps staff are suing the State, claiming their chronic illnesses are as a result of their exposure to toxic chemicals used in the course of their duties.

Opposition TDs say they have seen copies of the 1990s inspection reports, and the reports are said to show that it was long-known that the conditions at Casement Aerodrome were not up to standard.

This has prompted claims that the Defence Forces’ copies of the documents were deliberately destroyed to cover up knowledge of workers’ exposure to harmful substances.

Read more on the Irish Examiner website

Why did Irish Air Corps hang Minister for Foreign Affairs Simon Coveney out to dry?

The Irish Examiner publisher a story this morning about a meeting that Micheál Martin & Lisa Chambers, of Fianna Fail, had with survivors of the Irish Air Corps toxic chemical scandal.

Fianna Fáil leader Micheál Martin said he will raise the request in the Dáil, and said the Government’s response to the scandal has been “deficient” to date.

Mr Martin’s stance follows a recent meeting he and his party defence spokeswoman Lisa Chambers held with a number of former Air Corps staff.

The group, all in their 40’s and 50’s, listed the litany of illnesses they have suffered since leaving the Air Corps, including rectal cancer, Hodgkin’s lymphoma, heart attacks, autoimmune diseases, depression and anxieties, solvent-induced encephalopathy, and chronic obstructive pulmonary disease — even among non-smokers.

“All suffer significant health issues,” Mr Martin said, describing the encounter as a “sad and often difficult” meeting.

“One has undergone five surgeries and is in constant pain. They all have personal issues. One has had two heart attacks and in one instance was kept alive by his wife and a first responder,” said Mr Martin.

“All were exposed to chemicals, and in at least one case, the person was ‘tubbed’ — sat in a bath and doused in chemicals which was a ritual at the time,” he said.

“I was taken aback at some of what they had to say, particularly about not having protective clothing.

“One told me that subsequent to his time at the Air Corps, he went into private industry and couldn’t get over the contrast in terms of the attitude and directions for handling chemical spills and use of protective suits. The contrast was striking.”

Read more about Fianna Fail calls for an inquiry into the Irish Air Corps toxic chemical scandal on the Examiner website.

Read the Irish Times article about Coveney

Read The Journal article with Varadkar defending Coveney (lots of views, lots of comments…popular subject).

But hours later the Irish Times ran with an article, based upon FoI requests that Simon Coveney as Minister for Defence had questioned the professional judgement of an Irish Air Corps pilot who cancelled a ministerial flight due to a forecast of fog at their Cork destination.

Anyone familiar with the media will know that journalists will seek an FoI, not on the off chance of discovering something, but because they have been already briefed that something exists. The journalists are rarely taking a stab in the dark, they are following a scent. It also appears that the Irish  Times may be in possession of this information for a number of weeks if not months (the incident took place in June 2015) so the question must be asked why was it not released previously.

It is significant that the Irish Air Corps have recently had a change of management at the top of the organisation with a new General Officer Commanding and a new Colonel. By all accounts this new GOC is a smart operator and is very politically aware.

So we wonder if it is possible that the Irish Times, who have mostly ignored the toxic chemical scandal, were primed with this story about Coveney? Like we said a relatively minor story about a Minister unhappy his ministerial flight was cancelled but a story that would be a hot news topic and would displace other stories of the day.

Who had the most to gain from a story that diverted attention away from the Irish Air Corps Health & Safety scandal and towards a government minister?

Big bad Fine Gael Minister bullying Air Corps pilot…BOOO. Poor Air Corps turned into an innocent victim……HURRAH…..What chemical problem???

We would hope this is not the opening salvo in the propaganda fightback by the new GOC Air Corps and his management team. We hope it was not designed to keep the Irish Air Corps chemical scandal out of the headlines nor to mark the cards of Fine Gael and all serving Ministers that the Air Corps may have dirt on them.

Now that Minister of State for Defence Paul Kehoe is in possession of the long awaited report from the “independent 3rd party” investigator, we sincerely hope that the Irish Army Air Corps is not trying to influence & interfere with the democratic process.

Pressure for health study of Air Corps workers

The Government is facing pressure to commission a wide-ranging health study on former Air Corps staff to establish if their working conditions contributed to significant ill-health in some members.

The call for a health study, similar to one established in Australia to examine the correlation between illnesses in its air force and their members’ use of chemicals, comes following months of revelations in the Irish Examiner.

Fianna Fáil leader Micheál Martin said he will raise the request in the Dáil, and said the Government’s response to the scandal has been “deficient” to date.

Mr Martin’s stance follows a recent meeting he and his party defence spokeswoman Lisa Chambers held with a number of former Air Corps staff.

The group, all in their 40s and 50s, listed the litany of illnesses they have suffered since leaving the Air Corps, including rectal cancer, Hodgkin’s lymphoma, heart attacks, autoimmune diseases, depression and anxieties, solvent-induced encephalopathy, and chronic obstructive pulmonary disease — even among non-smokers.

“All suffer significant health issues,” Mr Martin said, describing the encounter as a “sad and often difficult” meeting.

“One has undergone five surgeries and is in constant pain. They all have personal issues. One has had two heart attacks and in one instance was kept alive by his wife and a first responder,” said Mr Martin.

“All were exposed to chemicals, and in at least one case, the person was ‘tubbed’ — sat in a bath and doused in chemicals which was a ritual at the time,” he said.

“I was taken aback at some of what they had to say, particularly about not having protective clothing.

“One told me that subsequent to his time at the Air Corps, he went into private industry and couldn’t get over the contrast in terms of the attitude and directions for handling chemical spills and use of protective suits. The contrast was striking.”

Read more on the Irish Examiner website


Despite the Ardrox 666 (Dichloromethane, Cresylic Acid & Sodium Chromate) dripping down the wall from the extractor fan and Ardrox 1074 (containing Hydrofluoric Acid) dissolving the small barrel in the photo above, the State Claims Agency & Air Corps still maintain we “were not exposed to toxic chemicals”.

The Air Corps have also appealed a high court judgement, directing them to tell survivors the list of chemicals to which they were exposed, to the Court of Appeal.

Calls for probe into Defence Forces inspection records

The Government is coming under increased pressure to launch an investigation into missing Defence Forces inspection reports which were allegedly destroyed.

he calls for an independent probe follow reports in the Irish Examiner which revealed that junior defence minister Paul Kehoe has ruled out any investigation into the disappearance of health and safety reports from the air corps, despite being told by a whistle-blower the documents were deliberately shredded.

The State is being sued by six former air corps members who claim their chronic illnesses were caused by their exposure to toxic chemicals while working as technicians in Casement Aerodrome, Baldonnell.

The missing safety reports date back to the 1990s when all six allegedly injured air corps members worked in Baldonnel.

Despite both the Defence Forces and the Department of Defence saying the reports cannot be found, opposition politicians claim to have had sight of the documents and say that they raise concerns as to the management of the working environment in Casement Aerodrome.

Yesterday, this newspaper revealed that, in April, Mr Kehoe received a protected disclosure alleging that a named official ordered the shredding of the documents.

Despite this, Mr Kehoe last week told Sinn Féin TD Aengus Ó Snodaigh that he could only offer “speculative” reasons as to why the reports are missing and ruled out an inquiry into their disappearance.

Responding to this newspaper’s report yesterday, Fianna Fáil defence spokeswoman Lisa Chambers said allegations the reports were deliberately destroyed in order to cover up knowledge of health and safety concerns were “extremely serious”.

“The suggestion from the minister that the reports in question, which are from different inspection periods and from different reporting years, have vanished and that this is somehow due to change over to an electronic system or documents were misplaced over time is difficult to believe,” she said.

Read more on the Irish Examiner website

State accused of shredding documents now central to legal case

A Defence Forces whistle-blower has alleged that a named official ordered the shredding of documents that are now central to a legal case against the State.

Despite the claim, junior defence minister Paul Kehoe says he has no plans to investigate how documents went missing, despite only being able to offer “speculative” reasons for their disappearance.

Six former members of the Air Corps have taken High Court action against the State, claiming it failed in its duty of care to protect them from the harmful effect of the toxic chemicals they used on a daily basis while working in maintenance at Casement Aerodrome, Baldonnel, Co Dublin.

All six now suffer chronic illnesses, and a toxico-pathologist has given his medical opinion that these conditions were developed as a result of their exposure to these chemicals.

The Irish Examiner understands that further cases will be brought against the State, which has denied liability in all six instances to date.

Central to all the claims is the question of whether the State took all reasonable steps possible to protect the workers. However, health and safety inspection reports published in the 1990s — at a time when all six of the claimants worked in Casement Aerodrome — have gone missing.

Read more on the Irish Examiner website

No record of Air Corps health probe

The Defence Forces still has the invoice it received for a health inspection carried out on the Air Corps in 1997 — but not the report outlining the findings of the probe.

The State is being sued by at least six former members of the Air Corps, who claim their exposure to harmful chemicals caused their chronic illnesses.

Those taking the cases claim there was negligence on behalf of the State, which failed to provide them with the adequate protections or training.

However, the State has denied liability, and in one case stated that “no admission is made that the defendants exposed the plaintiff to dangerous chemicals or solvents whether on an ongoing basis or at all”.

The cases have been brought by men who worked in the Air Corps workshops from the late 80s up to the early 2000s.

It has been claimed health and safety inspections in the 1990s raised concerns about the working environment at Casement Aerodrome — however, the reports sent to the Defence Forces arising from these inspections now “cannot be located”.

Read more on the Irish Examiner website