3.4 Process Legislation
47
2019). The OSH Framework Directive of 1989 (Directive 89/391/EEC) introduced
general measures to improve the safety and health of workers throughout the EU.
It provided a legal definition of what is considered a work environment, obliged
employers to take preventive measures to protect their workers, and introduced risk
assessment as a key tool in ensuring workplace safety. In specific regard to exposure
to chemicals and to chemical safety, there are multiple, subsequent, and linked OSH
directives that are in place. Many of these build on each other and amend earlier
directives by including additional substances or addressing further, specific risks.
The most important directives related to chemical manufacturing and handling are
outlined in this section.
3.4.3.1 Chemical Agents Directive
The most fundamental of the OSH Directives on exposure to chemical agents and
chemical safety is the directive on the protection of the health and safety of workers
from the risks related to chemical agents at work, also known as the Chemical
Agents Directive (CAD) (Directive 98/24/EC) (EU-OSHA, 2019c). It establishes
minimum requirements for employers to protect their workers from the effects
of chemical agents at their workplace. This includes the employer’s obligation to
determine whether there are hazardous chemicals present and assess any risk(s)
they might pose. In the case of multiple hazardous chemicals, their risks have to
be assessed together. Based on these risk assessments, the directive requires the
employer to eliminate or reduce the risks to a minimum. This should be done
through protection, prevention, and monitoring measures, although substitution of
the hazardous substance with a less or nonhazardous one is preferable. In the case
of an accident, action plans need to be established that can be rapidly implemented.
Furthermore, the directive requires the employer to inform the workers about these
emergency procedures, as well as about the results of any risk assessment and
the presence of hazardous chemicals at the workplace (including clear labeling of
containers and providing access to safety data sheets). Employers are also obliged
to train workers on appropriate precautionary and protective measures.
The Chemicals Agents Directive also sets the basis for establishing both legally
binding and indicative (i.e., suggested) external occupational exposure limits
(OELs) and internal biological limit values for hazardous substances. OELs regulate
the maximum allowed external exposure of a worker to a substance at the workplace
and are derived by considering information on different hazardous properties of
a particular substance (ECHA, 2019f). Different routes of exposure can exist,
and the directive mainly focuses on exposure via inhalation of vapors, mists, or
dust; however, skin penetration is also regulated for certain chemicals (human
exposure pathways are further introduced in Chap. 6). Biological limit values rather
set maximum allowed limits for workers’ internal exposure to a chemical, and
compliance with set limits can be determined through biomonitoring techniques
(such as measuring concentrations in blood or urine).
EU member states are allowed to set their own indicative OELs, and they may be
higher or lower than those determined on the EU level. For binding OELs, member
states still need to set their own national values; however, they are not allowed to
47
2019). The OSH Framework Directive of 1989 (Directive 89/391/EEC) introduced
general measures to improve the safety and health of workers throughout the EU.
It provided a legal definition of what is considered a work environment, obliged
employers to take preventive measures to protect their workers, and introduced risk
assessment as a key tool in ensuring workplace safety. In specific regard to exposure
to chemicals and to chemical safety, there are multiple, subsequent, and linked OSH
directives that are in place. Many of these build on each other and amend earlier
directives by including additional substances or addressing further, specific risks.
The most important directives related to chemical manufacturing and handling are
outlined in this section.
3.4.3.1 Chemical Agents Directive
The most fundamental of the OSH Directives on exposure to chemical agents and
chemical safety is the directive on the protection of the health and safety of workers
from the risks related to chemical agents at work, also known as the Chemical
Agents Directive (CAD) (Directive 98/24/EC) (EU-OSHA, 2019c). It establishes
minimum requirements for employers to protect their workers from the effects
of chemical agents at their workplace. This includes the employer’s obligation to
determine whether there are hazardous chemicals present and assess any risk(s)
they might pose. In the case of multiple hazardous chemicals, their risks have to
be assessed together. Based on these risk assessments, the directive requires the
employer to eliminate or reduce the risks to a minimum. This should be done
through protection, prevention, and monitoring measures, although substitution of
the hazardous substance with a less or nonhazardous one is preferable. In the case
of an accident, action plans need to be established that can be rapidly implemented.
Furthermore, the directive requires the employer to inform the workers about these
emergency procedures, as well as about the results of any risk assessment and
the presence of hazardous chemicals at the workplace (including clear labeling of
containers and providing access to safety data sheets). Employers are also obliged
to train workers on appropriate precautionary and protective measures.
The Chemicals Agents Directive also sets the basis for establishing both legally
binding and indicative (i.e., suggested) external occupational exposure limits
(OELs) and internal biological limit values for hazardous substances. OELs regulate
the maximum allowed external exposure of a worker to a substance at the workplace
and are derived by considering information on different hazardous properties of
a particular substance (ECHA, 2019f). Different routes of exposure can exist,
and the directive mainly focuses on exposure via inhalation of vapors, mists, or
dust; however, skin penetration is also regulated for certain chemicals (human
exposure pathways are further introduced in Chap. 6). Biological limit values rather
set maximum allowed limits for workers’ internal exposure to a chemical, and
compliance with set limits can be determined through biomonitoring techniques
(such as measuring concentrations in blood or urine).
EU member states are allowed to set their own indicative OELs, and they may be
higher or lower than those determined on the EU level. For binding OELs, member
states still need to set their own national values; however, they are not allowed to