HesaMag #21 The real work of art - European Trade Union Institute
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The European Trade Union Institute’s (ETUI)
health and safety at work magazine
spring-summer 2020
HesaMag
#21
The real work
of art
ISSN 2078-6816
ETUI news
European
Trade Union Institute
Social policy in the European Union 1999-2019: ETUI, 2020 HesaMag is a twice-yearly
the long and winding road 230 pages journal published by the
Bd du Roi Albert II, 5
1210 Brussels
Belgium
+32 (0)2 224 04 70
European Trade Union Institute
etui@etui.org
www.etui.org
Edited by Bart Vanhercke, Dalila Ghailani and Slavina Spasova Also available in French
(ETUI).
www.etui.org > Publications
with Philippe Pochet
Edited by Bart Vanhercke, Dalila Ghailani and Slavina Spasova, with Philippe Pochet
Social policy in the
European Union 1999-2019: > Books
Social policy in the European Union (1999-2019):
Spasova,
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the long and winding road The Working conditions,
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—
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Health and Safety Unit of the
This anniversary edition looks back at the main developments in
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Edited by
the long and winding road
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Bart Vanhercke, Dalila Ghailani and Slavina Spasova,
perum entotatatem est hitio optatquia
vidis rerumque volorep udipist pratetur?
with Philippe Pochet
ETUI aims at promoting high
EU social policymaking over the past two decades. Key questions
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ectaque cori dolorio nseque cor suntibu
cae conse voluptur alit hillorum, quo in
o bea volum in pligendant quam assequi
oremolum remqui tectatur? Is voluptat.
standards of health and safety
at the workplace throughout
addressed in this volume include: What was the place of the
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odit quodigendam iunt dit lani occus ni
e sitibusdae prae cus, quid que consed
atquodit poritatur solorrum duntemped
Europe. It provides support
social dimension during the financial and economic crisis? Who
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and expertise to the European
has driven, and who has braked, EU social policymaking? Which
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Trade Union Confederation
(ETUC) and the Workers’ Group
instruments does the EU have at its disposal for 'market correcting'
............
of the Advisory Committee on
policies? And last but not least, what are the next steps in the further Safety and Health at Work.
implementation of the EU’s social dimension, especially in the It is an associate member
of the European Committee
context of the European Pillar of Social Rights? for Standardization (CEN). It
runs networks of trade union
experts on different issues like
standardization (machine safety
and ergonomics) and chemicals.
Working under pressure ETUI, 2020
Edited by Maarten Keune, Nuria Elena Ramos Martín 360 pages ETUI publications are
published to elicit comment
and Mikkel Mailand www.etui.org > Publications
and to encourage debate. The
> Books
Working under pressure
Employment, job quality and labour
views expressed are those of
relations in Europe’s public sector
since the crisis This book analyses the evolution of employment, job quality and the author(s) alone and do
— not necessarily represent the
Edited by
Maarten Keune, Nuria Elena Ramos Martín and
Mikkel Mailand
labour relations in the public sector since the 2008 crisis in nine EU views of the ETUI nor those
Member States: Denmark, France, Germany, the Netherlands, Italy, of the members of its general
Slovakia, Spain, Czech Republic, and the UK. It focuses on three assembly.
sub-sectors: primary education, health care and municipalities. Responsible publisher:
Laurent Vogel, ETUI
Editor:
Mehmet Koksal
mkoksal@etui.org
Deputy editor:
Bethany Staunton
bstaunton@etui.org
Editorial assistant:
Géraldine Hofmann,
HesaMag Plus, ghofmann@etui.org
In memoriam Writers and contributors
Claudio Stanzani (1948-2019) the online bonus feature to this issue:
Christelle Casse, Berta Chulvi,
The magazine HesaMag is available Angelo Ferracuti, Mehmet
Claudio Stanzani died on 27 December Koksal, Fanny Kroener,
2019 at the age of 71 after a long battle for free in PDF on our website Tony Musu, Steven Ronsmans,
with cancer. He began his activism www.etui.org. But with HesaMag Fabienne Scandella, Jade
Plus we are going one step further, Serrano, Bethany Staunton,
at a very young age with the Italian Laurent Vogel
Confederation of Trade Unions (CISL). In the years that offering you exclusive content The special report was
followed the "Hot Autumn" of 1969, there was great (articles in multiple languages, coordinated by Mehmet Koksal
and Laurent Vogel
mobilisation around the issue of occupational health and photos, videos and bibliographies)
Cover photo:
these struggles contributed to the renewal of the trade union that we couldn’t squeeze into the © Martine Zunini
movement. In 1974, Claudio joined the Centro Ricerche e paper version. HesaMag is best when http://zunini.com
Translation:
Documentazione Rischi e Danni da Lavoro (Crd), the research shared, so don’t hesitate to spread The Peer Group
centre on occupational risks directed by Gastone Marri (CGIL) the word. Circulation, subscription:
which played an exceptional role in these struggles. Claudio’s Géraldine Hofmann
(ghofmann@etui.org)
commitment to a European trade unionism led to him living Graphic design:
in Brussels for almost a decade. From 2004 to 2012, he was Coast, Brussels
Printed in Belgium
director of the Social Development Agency (SDA), supported
by Imprimeries Hayez
by the European Trade Union Confederation (ETUC).
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Orders and subscriptions
HesaMag will be sent free of charge through the post to persons requesting it via
https://crm.etui.org/node/186
GDPR: The ETUI respects your privacy. See our website for more information. ETUI
Bd du Roi Albert II, 5
HesaMail, the ETUI’s electronic newsletter on health and safety at work 1210 Brussels
The ETUI is financially If you would like to receive a monthly summary of occupational health and safety news,
supported by the European +32 2 224 05 60
Union. The European Union subscribe for free to HesaMail, the ETUI’s bilingual electronic newsletter (in English and etui@etui.org
is not responsible for any French). You simply need to fill out the online form at https://www.etui.org/fr/Newsletters www.etui.org
use made of the information
contained in this publication. All our publications can be downloaded free of charge from: www.etui.org > Publications ETUI, aisbl 0418.812.841
1 spring-summer 2020/HesaMag #21 Contents 1/1 Contents Newsflash p. 2 Editorial Banning glyphosate: a matter of democracy p. 5 European news When work affects health from one generation to the next p. 6 Special report The real work of art p. 12 Shall we dance? Job insecurity at the Spanish National Ballet p. 14 Life on the streets: meeting Paris’s graffiti artists p. 19 The voice, an instrument that protects the body and soothes the spirit p. 24 The invisible museum workers p. 28 The delicate Italian hands behind the restoration of works of art p. 35 The art of managing the intermittent artist status in France p. 39 Herding cats or fighting like lions? Artists and trade union organising p. 43 From the unions How France Télécom broke the law p. 47 International news A global outbreak of silicosis in an unexpected industry p. 51 Books Lead white: just another licence to kill p. 56 Lesbos: outpost of Fortress Europe p. 57 COVID-19: follow us on etui.org for a fresh take The preparation of this issue had just been completed when the coronavirus crisis hit. However, you will find in-depth monitoring of and reflections on this crisis on the website of the European Trade Union Institute (www.etui.org), including the Covid Social Impact platform, a European timeline of events, podcasts and blogs, as well as literature resources that are updated daily.
2 spring-summer 2020/HesaMag #21 Newsflash 1/3
Newsflash
England: rise in poor-quality work Putting an end to occupational A new website on breast cancer and
a key factor in the deterioration of cancer occupational exposure to chemical
public health products
The European Federation of Public Service
"England is faltering," declares the opening Unions (EPSU) and the European Biosafety The California Department of Public Health
lines of the Marmot Review of Health Network (EBN) have launched a new has just launched a web tool (http://cbcrp.
Equity in England, published in February campaign called 'Stop Cancer at Work'. The org/worker-exposure) allowing the state’s
2020 and coordinated by esteemed aim is to put an end to work-related cancer 6.6 million working women to identify
epidemiologist Sir Michael Marmot, in the healthcare sector by preventing occupational exposures contributing to
Director of the Institute of Health Equity. occupational exposure to carcinogenic, breast cancer risks.
The life expectancy rate, which, alongside mutagenic and reprotoxic agents. A total of 161 occupations have been
continuous improvements in health, had Some 13 million healthcare workers analysed. For each of them, the tool lists
been rising steadily since the beginning of in Europe are potentially exposed to the total number of women employed,
the twentieth century, has been slowing dangerous drugs which can have serious the categories of chemical products
down since 2011 to an extent not witnessed consequences unless a strict prevention enhancing the risk of developing breast
for 120 years: a phenomenon not seen policy is implemented. cancer, and a detailed list of the various
anywhere else in Europe. In the most "Now, when health professionals are products in each category. For example,
deprived communities outside London risking their lives to combat coronavirus, the occupation "sales assistant" shows a
it actually fell for part of the decade it is time for us to start caring properly list of chemical products likely to enhance
2010-2020. for those who look after us," declared the risk of developing breast cancer, such
This is just one of the damning the Secretary of the European Biosafety as bisphenol A, which is used in printing
conclusions of the independent review, Network, Ian Lindsley. till receipts, or the aromas used in many
which reveals widening health inequalities The aim for 2020 is to ensure the products. Entries such as "anti-cancer
in the country and a general deterioration inclusion of the most dangerous drugs drugs", "hair dyes" or "cleaning products"
in both physical and mental health. in the fourth revision of the Carcinogens produce a list of products as well as a list
Since Marmot’s original 2010 report on and Mutagens Directive. The European of exposed occupations. The criteria for
health inequalities, commissioned by Trade Union Confederation (ETUC), the listing products involve three possible
the then Secretary of State for Health, a European Federation of Public Service health impacts: known and suspected
decade of austerity policies has passed, Unions (EPSU) and the European Biosafety carcinogens affecting the mammary
implemented by successive Conservative- Network (EBN) have all come together glands, toxic substances for these glands,
led governments. While the link between in this campaign. Other partners, such or endocrine disruptors.
austerity and health inequalities cannot as the European Federation of Nurses’ The tool also provides an overview
be proved, such policies undeniably Associations (EFN) and the Standing of health inequalities linked to the ethnic
impact on what Marmot calls the "social Committee of European Doctors (CPME), division of labour. It assesses the shares
determinants of health". have all expressed their interest. The of different ethnic groups (according to
One of the most significant factors European Trade Union Institute (ETUI) the usual categories used in US statistics)
contributing to deteriorating health will also contribute its expertise and help in the exposed occupational groups. For
outlined by the review is the rise in to publicise the campaign. instance, one finding is that 80% of female
poor-quality work. While employment An online petition calling for domestic staff are Hispanics, while this
rates have increased since 2010, an immediate action will be submitted figure drops to 15% when looking at the
increasing proportion of the population to Nicolas Schmit, the European management category. The tool also enables
are working part-time, in insecure jobs Commissioner responsible for Employment research into the age groups involved.
and/or on zero-hour contracts. There has and Social Affairs, as well as the European The goal of the tool is to provide
been a correspondent increase in work- Parliament and the Council of Ministers of accurate information on occupational
related stress, depression and anxiety. the European Union. exposure and to encourage measures for
Furthermore, rates of in-work poverty The campaign’s media activity is better prevention. It addresses both the
have increased. The UK experienced directed towards promoting the revision research world (with a view to promoting
negative growth in average annual real of European legislation. More information research into the occupational risks leading
wage changes between 2007 and 2018 – can be found at: www.stopcanceratwork.eu. to breast cancer) and women workers (with
alone amongst other European OECD a view to facilitating collective action to
members, with the exception of Italy, eliminate such risks). The tool provides
Portugal and Greece. Marmot warns access to the compliance database run by
that "It is not enough for the government the federal Occupational Safety and Health
simply to declare that austerity is over." Administration (OSHA), which has data on
Spending must be increased on education each inspected company, showing which
and youth services, the national living exposures to chemical risks have been
wage increased, and investments made identified there. This database covers the
into creating healthy and sustainable period 1984-2019.
communities.3 spring-summer 2020/HesaMag #21 Newsflash 2/3
France: Uber drivers are employees, In favour of new rules for protecting New online database for identifying
says the French Court of Cassation against endocrine disruptors endocrine disruptors
On 4 March 2020, the French Court of In a contribution to a public consultation A team at the Institute of Mathematical
Cassation ruled in favour of reclassifying organised by the European Commission, Sciences in Chennai, India, has placed
the contractual relationship between Uber the European Trade Union Confederation online a database which identifies
and one of its drivers. This is the second (ETUC) stated that current legislation 686 endocrine disruptors. The database
court ruling in France in favour of platform on endocrine disruptors was insufficient is called DEDuCT: Database on
workers, coming in the wake of the one and inconsistent. Endocrine-Disrupting Chemicals
concerning Take Eat Easy, a former food Endocrine disruptors interfere with and their Toxicity Profiles.
delivery company. a person’s hormone system, preventing it DEDuCT is based on an analysis of
The dispute was all about the from functioning properly. As a result, they existing scientific literature. More than
ambiguous employment status of are linked to numerous harmful effects in 16 000 articles have been reviewed. From
platform workers. Although deemed to exposed persons and their offspring: a drop a selection of 1 626 chemical agents,
be self-employed, platform workers are in fertility, obesity, diabetes, etc. They are 686 endocrine disruptors were identified,
often subject to the same relationship also thought to be a cause of the increase in based on 1 796 publications. This new
of subordination as that binding any hormone-sensitive cancers such as breast, database complements the five databases
employee to his/her employer. In the case prostate or thyroid cancer. already in existence across the world.
at hand, the Court of Cassation ruled that The ETUC has highlighted two In the European Union, no official
the platform had the power to organise priorities in dealing with this problem. database on endocrine disruptors currently
a driver’s work, to control its execution Firstly, there is currently no European exists. A list of priority substances
and to punish drivers for not complying legislation on specific prevention rules for evaluation was created by the DG
with its rules. On the basis of the case law regarding workplace exposure to endocrine Environment in 2000. Under the REACH
established in the "Société Générale" ruling disruptors. This gap is worrying, given regulation, only 16 substances have so
of 13 November 1996, these three criteria that a wealth of data shows that in certain far been added to the list of substances of
constitute proof of legal subordination sectors workplace exposure is frequent, very high concern (the candidate list of
under French law. For its part, Uber put with severe health consequences. This substances for authorisation) due to their
forward arguments upholding drivers’ is especially the case in such sectors effects of endocrine disruption either on
flexibility and their freedom to work when as hairdressing, healthcare, cleaning, the environment or on human health.
they want – two notions not taken into agriculture or the plastics industry. The In September 2017, the European
account when defining subordination. inclusion of reprotoxic substances in the Commission adopted criteria for identifying
Ruling that the driver’s status as a self- EU directive on the protection of workers endocrine disruptors as part of the
employed worker was fictitious, the Court from the risks related to exposure to regulation on biocides, and in November
forced the company to reclassify the carcinogens or mutagens at work would 2018 it published a communication on its
relationship as an employment contract. be a major step in the right direction. strategy for protecting citizens and the
This reclassification can be expected Numerous endocrine disruptors used environment against the harmful effects of
to benefit all Uber drivers, giving them in workplaces (such as bisphenol A and these substances.
access to better social security coverage. various phthalates) have already been However, according to Laurent Vogel,
Moreover, anyone who so wishes can identified as being reprotoxic. researcher at the European Trade Union
claim compensation, wages and interest in Secondly, the European legislation Institute (ETUI), "The much too restrictive
the case of non-observance of maximum dealing with endocrine disruptors in definition of criteria for endocrine
working hours, concealed (i.e. undeclared) other fields is inconsistent. This is the disruption adopted by the European
employment, or dismissal without due case for the regulation on pesticides and Commission in December 2017 is now an
cause. According to Uber, 150 French biocides and the more general regulation obstacle to an ambitious policy on public
drivers have applied or intend to apply on the marketing of chemical substances health and environmental protection. It
for reclassification, i.e. just 0.2% of the ("REACH"). The ETUC is in favour of is not very likely that the strategy adopted
platform’s current and past workforce. a classification of endocrine disruptors in 2018 will lead to significant progress.
This French ruling can be seen using the same principles as those The issue of occupational exposure is
as part of a wider move contesting the applied to carcinogens. mutagens and dramatically underestimated and there
status of platform workers in many EU reprotoxic substances. is currently no Community legislation
Member States. According to ETUI senior For Tony Musu, senior researcher that specifically addresses the question of
researcher Christophe Degryse, "The at the ETUI, "There is no safe level of occupational risk prevention in relation to
increase in court cases in different Member exposure below which endocrine disruptors endocrine disruptors."
States reflects the difficulty of interpreting have no harmful effects on health. This
existing social law in the face of new is why their substitution is a top priority.
business models based on new technologies The choice of substitutes must be done in
with their great potential to deregulate the a way that eliminates the risk and doesn’t
labour market. A coordinated approach just replace one dangerous substance with
taking account of the many different forms another just as dangerous."
of the platform economy would be a lot
more appropriate and effective".4 spring-summer 2020/HesaMag #21 Newsflash 3/3
France: a report on the occupational Cleaning industry in France: mainly Is glyphosate about to be banned
health of firefighters the domain of women and migrants in Mexico?
without any other options
A new report published by ANSES, the On 25 November 2019, Mexico’s Secretariat
French Agency for Food, Environmental The cleaning sector employs a significant for the Environment and Natural
and Occupational Health & Safety, reveals share of the mainland French population: Resources (equivalent to the Environment
that firefighters are exposed to a host of almost two million people, or 8% of the Ministry) banned the import of 1000 tons
risk factors every day: exposure to chemical labour force. According to studies, the of glyphosate from the US to Mexico.
substances generally given off by products sector is set to become the main provider of Victor Toledo, the head of this
when on fire, as well as to biological new jobs between now and 2022. A French department, stated that this was an
or even physical agents. They are also study compiled by DARES, the Ministry emergency measure and that the next step
confronted with organisational constraints of Labour’s research organisation, into would be to ban glyphosate and more than
such as shift work, and with psychosocial employment and working conditions in the a hundred other particularly dangerous
constraints such as exposure to violence. sector highlights three main characteristics pesticides. The decision was taken under
The fire at the Lubrizol chemical plant in (based on the results of a 2016 survey): the precautionary principle, and was
Rouen on 23 September 2019, in which — 80% of the sector’s employees are women, immediately condemned by multinational
some 900 firefighters tackled the blaze though men dominate in sanitation and company Bayer.
with insufficient protective equipment, waste handling (90% men); The debate over glyphosate escalated
revealed to what extent the risks related to — The proportion of non-French workers is following the publication in September
a firefighter’s work are often neglected. twice as high as the average for the whole 2019 of a study by a research team from the
In order to compile this report, labour force (20% against 9%); University of Guadalajara. The researchers
ANSES organised an international — Working in the cleaning sector is rarely detected a rise in the occurrence of
consultation allowing the know-how a choice. Among employees working chronic degenerative diseases among the
of OSH agencies in different countries less than a year in the sector, 60% were population of Autlán de Navarro, a farming
to be shared. Nine agencies from the previously unemployed and for the most region in the State of Jalisco.
United States, the Netherlands, Finland, part receiving unemployment benefits. To identify the possible causes, urine
Norway, Canada and the United Kingdom Just 10% had been in education. from children attending kindergartens
contributed to this survey. and primary and secondary schools was
The report does not stop at just Aurore Desjonquères, the author of the subjected to chemical analysis. Of the
reviewing our knowledge of the risks. It study, speaks of "fallback jobs", finding that 148 children examined, all had traces
goes on to put forward recommendations only 17% of cleaning workers state that they of various herbicides in their urine. The
aimed at improving prevention, as well as would be happy for their children to work most recurrent substance, and also the
identifying fields in which we urgently need in this field. This figure is two times lower most dangerous one, was glyphosate.
more systematic data. The report contains than the average for the whole labour force. The majority of the children showed
a summary of the prevention measures Working conditions are more difficult pathological symptoms, such as nausea,
recommended in France and the other than for other unskilled workers. More than vomiting and skin irritations.
participating countries. half of the jobs involve part-time work, while The government’s initiative follows
ANSES recommends the introduction 20% of cleaning employees have to work on from a recommendation adopted by
of a database centralising the medical non-continuous hours spread out over the the National Human Rights Committee
check-up data of professional, military day. 71% of cleaning employees are exposed (NHRC) on 28 December 2018. The
and voluntary firefighters, as well as a to repetitive work, 61% to chemical risks and NHRC had been referred to by 43 different
monitoring of their activities, with a view 52% to painful postures. 90% are exposed to plaintiffs, leading it to analyse pesticide
to improving our knowledge on the health at least one physical risk. regulations in Mexico, comparing them
of French firefighters and the traceability of This explains why more than three with the provisions in force in other
exposures and to identifying the activities quarters of cleaning employees have countries and with international law.
with the greatest risks. It is important experienced pain over the past twelve Coming to the conclusion that policy
for such a database to be able to include months, compared to just under two thirds in this field was in breach of human
all different activities of professional for the whole labour force. Back pain is rights, the NHRC came up with a set of
firefighters, even when they are working in the most common form of pain. Another recommendations for the various public
a voluntary capacity. detracting factor is the lack of recognition. authorities concerned.
Finally, ANSES recommends the On the other hand, autonomy is higher than Mexico could thus become the first
effective introduction of medical check- among other unskilled workers. Latin American country to ban glyphosate.
ups for firefighters who have left the fire The subcontinent has become a key market
service, with a view to better preventing due to the increasing use of genetically
longer-term risks. modified organisms in agriculture: soya,
for example, is particularly dependent on
the use of toxic pesticides. A ban in Mexico
would signal that the campaign is gaining
momentum and could lead to a shift in
Latin American policy.5 spring-summer 2020/HesaMag #21 Editorial 1/1
Editorial
Banning glyphosate:
a matter of democracy
Laurent Vogel
ETUI
Like asbestos in the latter half of the 20th by this four-headed oligopoly, which means on Cancer (IARC), an intergovernmental
century, the herbicide glyphosate lies at the that it enjoys a great capacity to influence, agency created by the World Health Organi-
heart of debates which can be deciphered manipulate and, if required, corrupt. In the zation (WHO) which plays no part in regula-
only by taking into account its multiple di- past, each of its components traditionally tion, was able to establish that glyphosate was
mensions. From farmers and trade unionists interacted in harmony with the dominant a probable human carcinogen. Irrespective of
to environmental and health NGOs, many political power, including during the most this, the regulatory agencies on both sides of
campaign groups are calling for its prohi- tragic moments in history. German compa- the Atlantic still had no qualms about declar-
bition. Vietnam and Thailand have already nies Bayer and BASF had both been part of ing that glyphosate does not cause cancer.
decided to impose a complete ban on its use, IG-Farben under the Nazi regime, whereas And in December 2017, in spite of major con-
and Luxembourg will be the first country in Monsanto and Dow were revealed to be man- troversy, the European Commission renewed
the European Union to do so, commencing ufacturers of Agent Orange during the Viet- the marketing authorisation for glyphosate
on 31 December 2020. A partial ban has been nam War, and ChemChina symbolises the for a further five years.
adopted in a number of other countries. conversion of the Chinese Communist Party The latest events are the stuff of crime
The pro-glyphosate camp, however, is elite to capitalism. novels. In 2017, the publication of the 'Mon-
strong. Where does its strength stem from? Forced to contend with this toxic four- santo Papers' by French daily newspaper Le
First and foremost, from the huge profits some, campaign groups have mobilised Monde showed how the multinational was
reaped by Monsanto, its main producer his- over the past 15 years to demand a ban on indulging in 'ghostwriting'. It arranged for its
torically. Global production of glyphosate in- glyphosate. To begin with, these were vic- employees to write papers with the intention
creased one hundred-fold between 1974 and tims’ associations, farm workers’ unions or of casting doubt on the dangers of glyphosate.
2014. It is the active ingredient in the most environmental movements. Their action pro- It then had those articles signed by suppos-
commonly used herbicides in the world. moted independent scientific research. An im- edly independent scientists. In March 2019,
Glyphosate is a non-selective (or 'broad pressive collection of studies on the damage the General Court of the European Union
spectrum') herbicide. It is used, for example, caused to human health and the environment annulled the decisions by the European Food
on cereal and soybean crops, in fruit planta- was gradually compiled. While the lawmakers Safety Authority (EFSA) to refuse access to
tions, and in cotton or sugar cane production. generally remained passive, the judicature the toxicity and carcinogenicity studies on
Moreover, it is used at different stages, from made a point of becoming involved. Pressure glyphosate. Scrutiny of those studies led to
soil preparation prior to sowing right up to from the courts was felt most keenly in the an unexpected turn of events when, in Feb-
the stage immediately before harvesting for United States where, as the number of pro- ruary 2020, toxicologist Christopher Portier
the purpose of speeding up plant maturation. ceedings brought continued to rise, Bayer’s undertook a reanalysis of the test results
However, glyphosate’s commercial suc- case crumbled. In March 2019, the group was underlying the glyphosate authorisation in
cess does not present the full picture. Back in worth no more than 52 billion euros, less than Europe and identified 37 significant tumour
the 1990s, Monsanto was developing geneti- half of its market valuation when it took over findings in the animals tested. To his mind,
cally modified plants resistant to glyphosate. Monsanto. In June 2019, Bayer announced its the regulatory agencies should have acknowl-
It filed patents on soybean and oilseed rape intention to invest five billion euros into find- edged that "glyphosate can cause cancers in
seeds as well as on the seeds of other market- ing alternatives to glyphosate. experimental animals". The icing on the cake
ed plants. In this process, it was adopting a This growing dispute exposes the struc- was when one of the German laboratories
dual strategy involving, on the one hand, the tural bias in pesticide regulation. In the Euro- used by Monsanto for three of those tests be-
activities of seed companies, and on the oth- pean Union and other parts of the world alike, came embroiled in a scandal in the aftermath
er, that of pesticide manufacturers. In this regulatory agencies assess the risks and make of a feature broadcast on 15 October 2019 by
way, a dependent relationship was developed the policy decisions on whether to authorise German television channel ARD. One for-
among farmers, with their purchase of GMO or prohibit pesticides. The feature common to mer employee bore witness that she had been
(genetically modified organism) seeds entail- all these agencies is that they ask manufactur- asked to enhance the results if they did not
ing an ever-increasing recourse to pesticides. ers to provide the relevant information in the meet expectations.
Today, four groups dominate this dual matter concerned. The important features of Beyond the scandals, the glyphosate
market, three of which have recently under- the toxicology-related resources available are issue shows how it is impossible to conduct
gone mergers: Bayer bought Monsanto in provided for use by risk producers. This con- a public health policy without democracy;
September 2016; the merger between Dow flict of interest is concealed by burdensome nor does democracy come into play only in
Chemical and DuPont in 2019 created Corte- procedural rules, thus resulting in a signifi- periodic elections. It is through social mobi-
va, a group specialising in seeds and pesti- cant lack of transparency in the process. lisation and those who are powerless or sub-
cides; and ChemChina absorbed Syngenta As regards glyphosate, the systemic jugated taking control of their lives that true
in 2017. The German multinational BASF distortion of the regulatory process has taken democracy can emerge and create systems of
completes the grouping. On the world stage, on an almost caricatural dimension. Back in risk regulation that value human life more
the agrochemicals industry is dominated 2015, the International Agency for Research than corporate profit.•6 spring-summer 2020/HesaMag #21 European news 1/6 When work affects health from one generation to the next The use of substances that are harmful to reproductive health (“reprotoxins”) is widespread in European workplaces. EU legislation regulates their impacts on consumers, treating them as akin to carcinogens. But it does not take the same approach when it comes to protecting workers. Laurent Vogel ETUI A scene from Dark Waters, Todd Haynes’ film that recounts the long legal saga of the DuPont trial in the United States. Image: © Belga
7 spring-summer 2020/HesaMag #21 European news 2/6
Coincidences sometimes suggest a deep-
er meaning: two stories from two different The market has been flooded with new
countries come together and reveal some-
thing fundamental about our world. On substances which have not been adequately
24 February 2020, a trial began in the Neth-
erlands, brought by 14 female workers and risk-assessed.
supported by the Dutch Federation of Trade
Unions (Federatie Nederlandse Vakbewe-
ging, FNV), against their former employer
DuPont.1 They had worked in a Lycra factory in
Dordrecht2 and experienced years of expo- compensation for a farmer whose cattle herd 1. Pien Heuts (2016) 2. Depending on the
sure to dimethylacetamide (DMA), a solvent had been decimated. People began sharing ‘We didn’t know how country, the same fabric is
that is reprotoxic. their experiences, and a large-scale epidemi- dangerous it was.’ Former sold as Spandex, Elastane
ological study was organised. It found a high DuPont workers invoke or Lycra. DuPont brought
the responsibility of the all its textile production
incidence of testicular, renal and liver cancers
chemicals giant, HesaMag together in the Invista
A small loss for shareholders among those who had suffered exposure, and #14, p. 44. company, which was sold to
birth defects among their children. Koch Industries in 2004.
In the same month, February 2020, Todd The film follows the story up to 2015. By
Haynes’ film Dark Waters opened in cinemas. then, although some lawsuits were still ongo-
It tells the story of a series of lawsuits against ing, hundreds of victims had already received
DuPont in the US. Hundreds of workers were substantial compensation. In February 2017,
exposed to perfluorooctanoic acid (PFOA), DuPont paid 671 million dollars to a group of
a substance with non-stick properties also 3 550 victims, a sum that represented only a
known as C8, in a factory that made Teflon small loss to shareholders. In its best years, for DuPont at the age of 17. Her father had
frying pans in Parkersburg, West Virginia. Teflon generated a billion dollars per annum worked at the same plant since 1962. He
DuPont had known about PFOA’s high toxici- for the company. started out producing synthetic Orlon fabric
ty since 1961 but production continued – even And so, a trial begins in the Netherlands and was then transferred to work on Teflon
though, from 1981, some workers had babies just as a film comes out depicting the difficul- production. He died of cancer aged 46. In
with birth defects. The company simply took ties of a legal saga that has lasted 20 years on Europe, DuPont has never been investigated
women off that production line. In 1989, Du- the other side of the Atlantic. over its Teflon production. Another employ-
Pont became aware that a high number of its "My life would have been different if I ee, Astrid Musig, is younger than Romy; she
workers were dying from leukaemia. A few hadn’t worked in the packing department in worked at the factory from 1989 until 2001,
months later, the incidence of renal cancer DuPont’s Lycra factory in Dodrecht," says where she was exposed to DMA. Her husband
was also noted. In addition to workers, peo- Romy Hardon, an employee there from 1977 produced Teflon. Their daughter Sandrina
ple living near the plant were also affected to 1988. She suffered a stillbirth and still was born severely disabled. She is barely able
by high concentrations of PFOA in the water visits her child’s grave every month. She had to walk because of muscle weakness and has
supply. Lawyer Robert Bilott launched a first severe fertility problems that eventually re- difficulty speaking. Her mental development
lawsuit against the company in 1998, seeking quired a hysterectomy. Romy began working is that of a four-year-old child.8 spring-summer 2020/HesaMag #21 European news 3/6
Exposure limits to avoid substitution acknowledged that the cause was also social These substances can have an impact
and political. Workers’ health had been sacri- on the whole human reproductive cycle. They
Romy and Astrid are far from being the only ficed for company profit. Both Teflon and Ly- may affect fertility and pregnancy (causing,
women affected, and men have experienced cra are used to make mass market products. for example, stillbirth, miscarriage or prema-
reproductive health problems too. The union The chemical industry seems all-powerful, ture birth). Parental exposure can also affect
spent four years trying to convince DuPont improving life with innovative products. Ly- the embryo and endanger a child’s health be-
to compensate victims before launching le- cra is held up as a symbol of modernity and fore birth, raising the risks of conditions such
gal proceedings. DuPont could not have been innovation. It is promoted not as a fabric but as cancer, immune system problems, neuro-
unaware of the scientific literature showing the magic ingredient that ensures "a great fit, logical and intellectual development, behav-
DMA’s reprotoxicity. The company main- comfort and freedom of movement". ioural problems and obesity.
tained that it had adhered to occupational The hormone diethylstilbestrol (DES),
exposure limits (OELs) and therefore bore no once commonly prescribed during pregnan-
responsibility. A similar argument had been Three generations put at risk through cy, had more severe effects on daughters who
used in the case of PFOA-contaminated water a single exposure had been exposed to it than on their mothers.
in West Virginia, where a maximum concen- Michael Skinner, an epigenetic researcher,
tration value had been set so high that neither Demeter, a database from the French Na- explains: "When a pregnant woman ingests
humans nor livestock were protected. tional Research and Safety Institute for the DES, her baby assimilates it too. And the sex-
Several aspects link these cases beyond Prevention of Occupational Accidents and ual cells for the next generation are already
the fact that both involve DuPont. Diseases (INRS), provides information on present in the baby. That’s how three gener-
Why invest in prevention when the almost 200 substances used in workplaces ations come to be exposed to the hormone
risk’s workplace origin remains invisible to which are reprotoxic, and this list is far from simultaneously and instantly." Skinner says
the people affected? The industry knew the exhaustive. that the structure of DES resembles that of
toxicity of these substances but claimed it According to the European Union’s bisphenol A, and it functions in the same way
abided by the OELs. The public authorities re- harmonised classification, there are 27 sub- as DDT. In other words, this medicine works
mained passive. They ascribed the OELs with stances classed as reprotoxic in category 1A in a similar way to endocrine disruptors that
a magical power to protect health, without (proven to be toxic to humans), 234 in cat- have been very widely used in industry and
considering the industry’s key role in setting egory 1B (presumed to be toxic) and 150 in agriculture.
them. The victims were working class or, in category 2 (suspected to be toxic). This clas- There is a discrepancy between the
the case of local residents, belonged to low-in- sification includes just a small fraction of the attention given to these issues in the public
come groups. It took years for individual cases substances on the market; there are an addi- health arena and their neglect in workplace
that had been experienced as personal trag- tional 4 700 substances notified as reprotoxic health. Yet workplace exposure is an impor-
edies to be linked to each other. A chemical by manufacturers or importers in one of these tant factor in harm to reproductive health.
cause was then identified in the workplace. three categories. There is no precise estimate of the number
But when it was discovered that toxicologi- Classification lags far behind the reality of workers exposed in the EU: two million
cal studies had existed for years and showed in the market. In recent decades, many sub- seems the lowest probable estimate. The
that the substance was reprotoxic, it had to be stances have been brought onto the market probability of reprotoxin exposure is highest
without sufficiently sensitive testing to deter- among the most disadvantaged, which repro-
mine their reprotoxicity. The market has been duces health inequalities from one generation
flooded with new substances which have not to the next.
been adequately risk-assessed. Nanoparticles
can, for example, cross the placental barrier
that protects the embryo. Chinese research- Toxic ignorance
ers observed this in mice exposed to nanopar-
There is a ticles of titanium dioxyde, a substance wide- The lack of prevention is often put down to an
ly used for many different applications (in absence of data, but this explanation is inad-
discrepancy between paint, sun cream, foodstuffs, medicines and equate. Even in the case of substances whose
toothpaste). A similar effect was observed in reprotoxicity has long been recognised, pre-
the attention given quantum dots, tiny semiconductor particles vention has been far from sufficient. The ab-
used in solar panels and medical imaging. sence of data is in itself the result of a lack of
to these issues in the Endocrine disruptors also harm repro- prevention. The lack of a sufficiently strin-
ductive health, but only a minority of them gent legal framework for prevention means
public health arena have been classed as reprotoxic. Procedures data has not been collected. Ignorance is not
are slow and hampered by the chemical in- inevitable.
and their neglect in dustry’s influence on regulatory bodies. Toxicology studies substances through
Identifying endocrine disruptors is difficult laboratory tests, often conducted on animals,
workplace health. because the European classification system but many effects go unnoticed if testing is not
does not recognise this category. extended over two generations. EU regulation9 spring-summer 2020/HesaMag #21 European news 4/6
3. Six EU countries have
is compulsory only for the highest production
volumes (10 000 tonnes per producer per This position of the European already added reprotoxins
to their domestic legislation
year), so the vast majority of substances on
Commission is all the more
on workplace carcinogens:
the market are exempt from such tests. Austria, Belgium, Czech
Epidemiology takes recorded ill health
puzzling because there has
Republic, Finland, France
as its starting point and looks for its causes. It and Germany. In the case
establishes whether a condition is more com- of Germany, there are some
mon in a group exposed to a risk factor than not been any lobbying from specific exemptions in the
prevention requirements for
in a control group. Epidemiological research
into the effect of workplace factors on repro- industry against the inclusion of reprotoxins.
ductive health needs to be developed. The
PELAGIE study conducted in France shows reprotoxins in the Carcinogens
the potential of such research. This is a lon-
gitudinal study that has monitored the state and Mutagens Directive.
of health of a specific population at different
points over a long period. It was set up in
Brittany in 2002 and included 3 421 pregnant
women. Its objective is to evaluate the long-
term consequences for pregnancy and child
development of prenatal and childhood expo-
sure to various environmental and workplace
contaminants. Children were assessed at the between maternal exposure to diesel engine markedly less stringent than those on car-
ages of two and six and are now being fol- emissions and their children’s incidence of cinogens. It contained just one mandatory
lowed up as adolescents. A subgroup of chil- cancers of the central nervous system. reprotoxin OEL, for lead. This OEL was set at
dren is the subject of a more detailed study of such a high level that it offered no protection
cognitive and psychological development and against reproductive health risks. Dealing
brain function. Among various results relat- The European Commission ducks with reprotoxins through the provisions of
ing to the effects of maternal workplace ex- the issue the Chemical Agents Directive goes against
posure, the study has found links between or- the general approach of EU law, which rec-
ganic solvents and birth defects, and between In EU legislation, reprotoxins are classed in ognises that these substances are a source of
organophosphate pesticides and childhood the same category as carcinogens and muta- great concern and need to be subject to more
respiratory and allergic problems. gens. In issues of consumer or environmental stringent legislation.
There is a third data source with great protection, EU regulations rightly consider The blanket blocking of the revision of
potential, but it comes up against the prob- that the same rules must be applied to sub- the Directive on Carcinogens and Mutagens
lem of the partitioning of public and work- stances that share two essential characteris- during José Manuel Barroso’s presidency of
place health. The authorities that maintain tics: their risk to human health is particularly the Commission (2004-2014) wasted a decade.
records of birth defects do not collect in- high and often irreversible, and their effects Several times, the European Parliament voted
formation about parents’ jobs. Cancer re- may not present themselves for years, which for a revision of the Directive and for bringing
cords make it straightforward to identify makes them less visible. reprotoxins within its scope. Union organisa-
childhood cancers, but the data is not linked This is the approach adopted by REACH tions and some Member States3 backed this
to parental employment history. Collating (Registration, Evaluation, Authorisation and proposal.
data from different sources would remedy Restriction of Chemicals), the main regula- However, when the European Com-
this. Pioneering studies have shown how tory instrument for how chemical substances mission finally restarted the revision pro-
far knowledge is being held back by failure are put on the market, and by many specific cess in 2016, it performed a surprise about-
to make use of these records. Finnish re- regulations for such things as pesticides, cos- turn on the question of reproductive risks.
searchers published a study in 1980 based metics, biocides and waste. In May 2016, Marianne Thyssen, the EU
on an analysis of their country’s register of The only exception is workplace health. Commissioner for Employment and Social
birth defects. They focused on central nerv- An EU Directive on carcinogens has existed Affairs at that time, stated that the impact
ous system defects and carried out detailed since 1990. In 1999, its scope was expand- study requested by the Commission "did not
interviews with mothers to investigate their ed to include mutagens (substances which sufficiently clarify the costs and potential
working conditions. Their study revealed the cause mutations in the human genome). In benefits" of extending the CMD to include
risk posed by organic solvents and industri- 2002, the European Commission initiat- reprotoxins.
al dust. More than 40 years later, a Danish ed a further revision of this Directive with Using a cost-benefit impact study to jus-
team worked on cancer records and estab- the aim of bringing reprotoxins within its tify a political decision of this magnitude is
lished a link between childhood cancer and scope. There was already a general Direc- especially shocking, as the study in question
having a parent who worked in the paint in- tive on chemical agents dating from 1998. was bound to acknowledge the great uncer-
dustry. Another Danish team showed a link The preventative measures it specified were tainty surrounding its calculations.10 spring-summer 2020/HesaMag #21 European news 5/6
In reality, reprotoxic risks affect both women
and men. They result not from a susceptibility
in the individual, but decisions made in the
production process.
In 2017, as part of the first phase of A patriarchal mindset personal tragedy, and often experienced with-
the revision of the CMD, the European Par- out support and even with a sense of guilt.
liament passed an amendment that adopted Aside from the workings of bureaucratic pow- In reality, reprotoxic risks affect both
something the Commission itself had pro- er, which meant that DG Employment was women and men. They result not from a sus-
posed some 10 years earlier: the expansion of very unhappy that the European Parliament ceptibility in the individual, but decisions
the scope of the CMD to include reprotoxins. did not back its stance, there is a bigger ques- made in the production process. Pregnan-
The final approved text, the result of a com- tion about what underlies the trivialisation of cy itself is a time of particular risk for some
promise between the European Parliament risks to reproductive health in the workplace. types of exposure, but that does not mean
and the Council of Ministers, was less clear- Since the late nineteenth century, con- that prior periods are risk-free.
cut. It required the Commission to reach a de- cern about the effects of some industrial Bringing reprotoxic agents within the
cision on the possible inclusion of reprotoxins toxins on future generations has produced scope of the Carcinogens Directive would en-
by no later than 31 March 2019. laws in which the permanent or temporary able better prevention. It would also challenge
Between 2017 and 2019, the Com- exclusion of women has taken precedence the subordination of human reproduction to
mission’s position hardened, in part as a over eliminating the cause. EU legislation is the imperatives of production. That is the main
result of internal disagreement. The Direc-
torates-General responsible for regulating
still in part based on this logic. Reproductive
health in the workplace features only explic-
lesson from the Lycra and Teflon cases. •
chemical risks (DG GROW and DG Envi- itly in one directive, the one which applies to
ronment) considered it logical to ensure that pregnant women. Under this directive, pre-
workers benefit from the EU legislation, which ventative measures are triggered only when Further reading
applies the same regulation to carcinogens as the woman tells her employer she is preg-
to reprotoxins. Only the Directorate-General nant. Such a mechanism is ineffective from A longer version of this article with all of the
for Employment opposed this. the point of view of prevention and creates references, sources and hyperlinks to the
Faced with a firm deadline from Parlia- discrimination against women. A pregnant most important documents can be found at
ment and the Council, the Commission side- woman, not the workplace risk, becomes the HesaMagPlus (www.etui.org).
stepped a decision. On the appointed date, problem. As preventative measures current-
it simply published a second, heavily biased ly depend on women communicating in ad- Mengeot M.A. and Vogel L. (2008) Production
impact study online to justify its inaction (see vance, they are rarely put in place before the and Reproduction – Stealing the health of future
inset page 11). tenth week of pregnancy. It is precisely during generations, ETUI, Brussels.
This position is all the more puzzling this period of gestation that the developing
because there has not been any lobbying from embryo is at greatest risk. Mengeot M.A. in collaboration with Musu T.
industry against the inclusion of reprotoxins. A powerful stereotype endures, which and Vogel L. (2016) Endocrine disruptors: an
Far from it in fact. The chemical industry is in sees reprotoxic risks as a female problem: hu- occupational risk in need of recognition, ETUI,
favour of it, as long as there are derogations man reproduction, consigned to the private Brussels.
for substances for which a health-based OEL domain, should not create obstacles for indus-
has been made compulsory at European level. trial production, the thinking goes. The triv- Musu T. and Vogel L. (2018) Cancer risks in the
For other issues that would come under the ialisation of reprotoxic risk diffuses it within workplace: better regulation, stronger protection,
revision to the Directive, such as emissions the general mass of chemical risks. No one ETUI, Brussels.
from diesel engines and crystalline silica, would claim the birth of a child with serious
there has been intense industry lobbying, but birth defects is comparable to a skin irritation, Wriedt H. (2016) Reprotoxins that should be subject
not over reprotoxins. but such health problems are considered a to limit values for workers’ exposure, ETUI, Brussels.11 spring-summer 2020/HesaMag #21 European news 6/6
Dubious figures The study contained multiple biases that led it to on belief and manipulation. The belief was
this conclusion. that reprotoxic substances are “threshold
prolong legislative substances” and thus exposure would have no
Firstly, it had to begin by evaluating the number harmful effect on health if it remained below
paralysis of workers who would benefit from an extension the occupational exposure limit. The example
of the Directive to include reprotoxins, for which of lead suffices to show the inaccuracy of
there is no European data. this assumption: as far as its neurotoxic
On 12 December 2017, the first phase of effect on the embryo is concerned, there is no
the revision of the Directive on carcinogens The consortium used data from the Sumer survey threshold below which the effect is zero. The
in the workplace concluded with a compromise conducted in France in 2010. It found that 1.5% manipulation was that the Sumer survey did
between the European Parliament and the of men and 0.6% of women were exposed at not measure exposure.
Council of the European Union. The Commission work to at least one of six reprotoxic agents. To
was called upon to consider including compensate for this survey being limited to just The consortium put forward different
reprotoxic substances within this Directive. six agents (or groups of agents), the consortium estimates for the potential financial
The deadline was set for 31 March 2019. doubled the percentages. Nevertheless, there benefits of including reprotoxins in the
was still a serious underestimate of the real Directive, which it judged marginal. The most
The Commission’s response was cavalier. It did numbers affected. For example, the Sumer generous estimate reckoned that preventing
not take an official position by approving a survey did not consider exposure to pesticides, developmental damage represented a
communication or a declaration. Instead, it put which explains why their figure for exposure benefit of less than 100 million euros per
a study on its website from a consortium of to agricultural reprotoxins is 0%. There is year, and that preventing harm to fertility
consultants which made immediately clear that also no mention of cytostatic substances and and pregnancy (including miscarriages
it did “not necessarily represent the official other medicines whose reprotoxic effects are and stillbirths) would amount to less than
opinion of the Commission”. extensively documented. The survey indicated 300 million euros per year.
that 13% of employees are exposed to solvents.
The study does not take into account recent Some of these solvents are reprotoxic, such It is worth recalling the words of Irving
developments in scientific knowledge. It is as N-Methyl-2-pyrrolidone (NMP) and DMF Selikoff, one of the pioneers in asbestos
limited to examining six political options that (N, N-Dimethylformamide), but although the research: “Never forget that the numbers in
range from “do nothing”, to a legislative plan, consortium acknowledged the significance of your tables are human destinies, although the
to extending the Directive on carcinogens endocrine disruptors, it did not factor them into tears have been wiped away.” Will this warning
to include all reprotoxic substances. its calculations. be heeded to bring an effective response to a
Intermediate options were considered, such major problem of workplace health?
as inclusion with certain derogations, and Their second extrapolation is even more
merging existing directives. The methodology problematic. To extrapolate from the French * This is the reduction factor for the highest estimate.
was a cost-benefit analysis. data to the whole of the EU, the consultants For the lowest estimate, the consultants applied a
drastically reduced the figures. They decided to reduction factor of 200 for women and 80 for men.
The report concluded that the most attractive divide the number of women exposed by a factor
option, from an economic point of view, of 90 (compared to the Sumer survey) and men
would be to include various reprotoxins in by a factor of 25*. According to the consortium,
the Directive, but with multiple automatic the number of men exposed to a reproductive
derogations. This option is a cosmetic solution: health risk at work across the whole of the Reference
it would bring reprotoxic substances within the European Union is between 22 000 and 61 000,
Directive’s scope only to exclude them from and for women the figure is between 3 000 and RPA, FOBIG, Mayer-Brown, Verisk 3E, Study
the most significant preventative measures. 8 000. These figures are significantly lower than to collect recent information relevant
A scientific committee would be required to those recorded in France for just six agents. to modernising EU Occupational Safety
determine whether a reprotoxin has an effect and Health chemicals legislation with a
without a threshold before preventative However, no field data supported what appears particular emphasis on reprotoxic chemicals
requirements would be fully applied. This would to be a manipulation of the figures. The Sumer with the view to analyse the health, socio-
be a lengthy process and would not be able survey contains information on exposure economic and environmental impacts in
to take into account the cocktail effect that intensity, frequency and the adoption of connection with possible amendments
results from multiple exposures. The solution preventative measures. The consultants decided of Directive 2004/37/EC and Directive
negotiated between union organisations and that only the most serious situations constituted 98/24/EC, 18 March 2019.
chemical industry employers’ organisations was a risk. They consequently concluded that the
called “the most effective in terms of reducing vast majority of workers who were exposed to A fuller version of this article including all of
reproductive risk”, but it would be the costliest reprotoxins in Europe ran no risk for themselves the references can be found at HesaMagPlus
option for businesses. or their children. This reasoning was based (www.etui.org).You can also read
