Electromagnetic Fields Directive 2004

Under current proposals, all European Member States will implement The Electromagnetic Fields Directive, adopted in April 2004, by the end of April 2008.

Electromagnetic fields are created when electrical energy is used. Electrical appliances generate these fields as do telecoms, television and radio broadcasting masts, to name but a few.

The effects, in most day-to-day situations of low exposure are minimal. However, at the high end of the radiation spectrum, health can be affected.

The Directive deals with issues relating to health and safety at work and sets out various requirements and obligations that must be fulfilled by employers. Particularly, the Directive requires employers to conduct risk assessments in relation to electromagnetic fields and to reduce exposure risks wherever possible.

The HSE is both sceptical about the benefits and concerned about the effects of the Directive on key sectors, particularly in relation to Magnetic Resonance Imaging (MRI) and engineering.

A Regulatory Impact Assessment carried out by the HSE following adoption of the Directive suggested that it did not bring any health and safety benefits over and above those already provided by existing UK law and guidance.

The HSE’s approach to the Directive is two-fold.

First, reflecting the fact that the HSE sees the Directive’s benefits to workers as highly questionable, it has worked with other European Member States and stakeholders to gather information which it presented to the European Commission (EC) to secure a proposal from the Commission to postpone the implementation until 30th April 2012.

Secondly, however, recognising that its efforts to amend and postpone the Directive may not be successful, the HSE is also preparing to implement the Directive, should this become necessary.

For further detailed information, follow the link below to the HSE’s dedicated web pages . This includes a further link to the full text of the Directive, 2004/40/EC.

A copy of the HSC’s most recent paper, setting out the above concerns in more detail, can be found at

For more information, please contact John Mitchell, head of Blake Lapthorn solicitors' Health and Safety team on 023 8085 7231 or john.mitchell@bllaw.co.uk.