48
3 The Role of Legislation
exceed values determined on the EU level (EU-OSHA, 2019c). Lists of indicative
OELs for several substances are set within four subsequent directives (2000/39/EC,
2006/15/EC, 2009/161/EU, and 2017/164/EU) and can be found online (Institut für
Arbeitsschutz der Deutschen Gesetzlichen Unfallversicherung, 2019).
3.4.3.2 Carcinogens and Mutagens Directive
Protection of workers from carcinogenic and mutagenic compounds (excluding
radiation) is separately regulated by the EU directive on the protection of workers
from the risks related to exposure to carcinogens or mutagens at work, also known
as the Carcinogens and Mutagens Directive (CMD) (Directive 2004/37/EC) (EUOSHA, 2019a). Similar to the Chemical Agents Directive, the CMD requires the
employer to assess the risks of substances workers are exposed to at their workplace
and take measures to prevent exposure. However, due to the critical nature of
carcinogens and mutagens, the CMD has stricter requirements than the CAD. In
addition to measures described in the CAD, employers must also keep the number
of workers exposed to carcinogenic and/or mutagenic chemicals at a minimum and
label and restrict access to areas where such substances are being used. Substance
release needs to be minimized, also for emissions into the natural environment.
Member states need to establish health surveillance systems for workers, and all
cases of occupational cancers should be reported. Records should be kept for at
least 40 years after such exposures to help identify long-latency cases. As required
by the CAD, all information must be made available to workers.
3.4.3.3 Directive on Exposure to Asbestos
The protection of workers from the highly hazardous minerals known as asbestos
is set out in EU Directive 2009/148/EC (EU-OSHA, 2019b). The directive requires
that for all activities that might include exposure to asbestos dust, a risk assessment
determining the nature and degree of exposure needs to be carried out and include
a consultation with the workers. Unless the exposure is strictly sporadic and of
low intensity, the employer must report the work activity to the respective EU
member state authority. Exposing workers to intentionally added asbestos fibers is
generally not allowed, except in the case of demolition or asbestos removal. In these
cases, exposure needs to be minimized by using dust-free processes, proper storage,
transportation, labeling, and personal protective equipment and also by minimizing
the number of workers exposed.
The single maximum limit value of airborne asbestos exposure is set by the
directive as 0.1 fibers/cm 3 . If this limit is exceeded, the work needs to stop until the
cause is identified, appropriate measures are taken, and the effectiveness of these
measures is verified. If the limit value cannot be maintained, appropriate personal
protection equipment needs to be provided. Furthermore, employers are required to
provide their workers with training on asbestos, appropriate protection equipment,
and proper waste disposal, among other items. The directive also requires that
workers undergo regular health examinations during the exposure and potentially
after the exposure. Records on the nature and duration of asbestos exposure need to
be kept for at least 40 years by the employer.
3 The Role of Legislation
exceed values determined on the EU level (EU-OSHA, 2019c). Lists of indicative
OELs for several substances are set within four subsequent directives (2000/39/EC,
2006/15/EC, 2009/161/EU, and 2017/164/EU) and can be found online (Institut für
Arbeitsschutz der Deutschen Gesetzlichen Unfallversicherung, 2019).
3.4.3.2 Carcinogens and Mutagens Directive
Protection of workers from carcinogenic and mutagenic compounds (excluding
radiation) is separately regulated by the EU directive on the protection of workers
from the risks related to exposure to carcinogens or mutagens at work, also known
as the Carcinogens and Mutagens Directive (CMD) (Directive 2004/37/EC) (EUOSHA, 2019a). Similar to the Chemical Agents Directive, the CMD requires the
employer to assess the risks of substances workers are exposed to at their workplace
and take measures to prevent exposure. However, due to the critical nature of
carcinogens and mutagens, the CMD has stricter requirements than the CAD. In
addition to measures described in the CAD, employers must also keep the number
of workers exposed to carcinogenic and/or mutagenic chemicals at a minimum and
label and restrict access to areas where such substances are being used. Substance
release needs to be minimized, also for emissions into the natural environment.
Member states need to establish health surveillance systems for workers, and all
cases of occupational cancers should be reported. Records should be kept for at
least 40 years after such exposures to help identify long-latency cases. As required
by the CAD, all information must be made available to workers.
3.4.3.3 Directive on Exposure to Asbestos
The protection of workers from the highly hazardous minerals known as asbestos
is set out in EU Directive 2009/148/EC (EU-OSHA, 2019b). The directive requires
that for all activities that might include exposure to asbestos dust, a risk assessment
determining the nature and degree of exposure needs to be carried out and include
a consultation with the workers. Unless the exposure is strictly sporadic and of
low intensity, the employer must report the work activity to the respective EU
member state authority. Exposing workers to intentionally added asbestos fibers is
generally not allowed, except in the case of demolition or asbestos removal. In these
cases, exposure needs to be minimized by using dust-free processes, proper storage,
transportation, labeling, and personal protective equipment and also by minimizing
the number of workers exposed.
The single maximum limit value of airborne asbestos exposure is set by the
directive as 0.1 fibers/cm 3 . If this limit is exceeded, the work needs to stop until the
cause is identified, appropriate measures are taken, and the effectiveness of these
measures is verified. If the limit value cannot be maintained, appropriate personal
protection equipment needs to be provided. Furthermore, employers are required to
provide their workers with training on asbestos, appropriate protection equipment,
and proper waste disposal, among other items. The directive also requires that
workers undergo regular health examinations during the exposure and potentially
after the exposure. Records on the nature and duration of asbestos exposure need to
be kept for at least 40 years by the employer.