legislation-profile

Directive 2004/37/EC of the European Parliament and of the Council of 29 April 2004 on the protection of workers from the risks related to exposure to carcinogens or mutagens at work (Sixth individual Directive within the meaning of Article 16(1) of Council Directive 89/391/EEC)

Scope

This Directive has its aim the protection of workers against risks to their health and safety, including the prevention of such risks, arising or likely to arise from exposure to carcinogens or mutagens at work.It lays down particular minimum requirements in this area, including limit values. (Art. 1 (1)) This Directive shall apply to activities in which workers are or are likely to be exposed to carcinogens or mutagens as a result of their work. (Art. 3(1))

Exemptions

The Directive shall not apply to workers expose only to radiation covered by the Treaty establishing the European Atomic Energy Community. (Art.1 (2)) As regards asbestos, which is dealt with by Directive 83/477/EEC, the provisions of this Directive shall apply whenever they are more favourable to health and safety at work. (Art. 1(4))

Regulatory activities

(a) Risk assessment by employer (Art. 3) (b) Submission of information for the competent authorities by employer - where the results of the assessment referred to in Article 3(2) reveal a risk to workers' health or safety, employers, shall, when requested, make available to the competent authority. (Art. 6) (c) MS Health surveillance - the MS shall establish, in accordance with their national laws and/or practice, arrangements for carrying out relevant health surveillance of workers. (Art. 14)

Relevant product types

No reference data required

Reference documents

Yes Directive 89/391/EC Regulation (EC) No 1272/2008

Obligations based on CLP hazard class

Yes. Definition of 'limit value', 'carcinogen' and 'mutagen'. Reference is made to Regulation (EC) No 1272/2008.

Obligations based on properties of concerns

Yes Article 3- Determination and assessment of risks

EU-level occupational exposure limits

Yes Annex III of the Directive

EU-level emission limit values

No provision

Substance-centric data source(s) at the EU level

Not in place

Industry submission system in place

Not in place

Format for industry submission

Not specified

Owner

European Agency for Health and Safety at Work (OSHA)

Update process

According to Article 16 of the Directive, the Council shall, in accordance with the procedure laid down in Article 137 (2) of the Treaty, set out limit values in Directives on the basis of available information. Annexes I and III may be amended in accordance only with the procedure laid down in Article 137 (2) of the Treaty. (Art. 17 (1)) Purely technical adjustments to Annex II in the light of technical progress, changes in international regulations or specifications and new findings in the field of carcinogens or mutagens shall be adopted in accordance with the procedure laid down in Article 17 of the Directive 89/391/EC.

Amendments

Corrigendum to Directive 2004/37/EC of 29 April 2004 on the protection of workers from the risks related to exposure to carcinogens or mutagens at work (Sixth individual Directive within the meaning of Article 16(1) of Council Directive 89/391/EEC) (codified version) DIRECTIVE 2014/27/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 26 February 2014 DIRECTIVE (EU) 2017/2398 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 12 December 2017 DIRECTIVE (EU) 2019/130 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 January 2019 DIRECTIVE (EU) 2019/983 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 5 June 2019 REGULATION (EU) 2019/1243 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 June 2019

SEE ALSO

Categories Display