Electronic article surveillance systems - No risk for employees

The directive was implemented in Germany through an ordinance by the name of “Arbeitsschutzverordnung zu elektromagnetischen Feldern” (Occupational Health and Safety Ordinance on Electromagnetic Fields). It is mostly known by its German acronym EMFV. The EMFV is already from 2016, but is currently leading to many questions, especially in the retail sector. The background to this is that when assessing working conditions, the employer must determine whether electromagnetic fields occur or can occur at the workplace.

If this is the case, he must assess all health and safety hazards for the employees. For this purpose, the occurring exposure due to electromagnetic fields at the workplace must be determined and evaluated according to the state of the art. Our Partner Matthias Lang, together with Ian Brooker, dealt with the legal and factual issues of the safety of electronic article surveillance systems in the April issue of the trade journal "Sicher ist Sicher".

For decades, electronic article surveillance systems have been installed in supermarkets, retail stores, libraries, hospitals and many other places to safely and effectively prevent theft. Electronic article surveillance systems emit electromagnetic fields. In their article published in the trade journal "Sicher ist Sicher," the authors provide the necessary information for employers, while also clarifying various misconceptions about the applicable legal bases. Electronic article surveillance systems have been safely used for decades. As long as legal requirements are met and employers follow manufacturers' recommendations, there is no risk to workers.

Nevertheless, the extensive international and national legal requirements, guidelines and recommendations repeatedly lead to misunderstandings. In order to clarify these misunderstandings, the authors present the basic functioning of electronic article surveillance systems, explain the European system of limit values to be complied with and auxiliary values based on them, and deal with the legal requirements. In particular, they address the protection of implant wearers, pregnant workers and the general public. The authors conclude their article with comments on the suitability of electronic article surveillance systems for use in retail and which criteria should be considered by employers.

The article is aimed primarily at employers and provides them with the necessary information for their risk assessment. Likewise, the article provides a general overview of the functionality and safety of electronic article surveillance systems as well as the relevant legal bases for all interested parties.

The full article (German), which was published in "Sicher ist Sicher", issue 04.2021, can be found here.

Please do not hesitate to contact us if you have any questions about the international and national legal bases especially for electronic article surveillance systems or in general about the legal bases for electromagnetic fields.