Directive (EU) 2019/983 of the European Parliament and of the Council of 5 June 2019 amending Directive 2004/37/EC on the protection of workers from the risks related to exposure to carcinogens or mutagens at work (Text with EEA relevance)

• CELEX: Directive (EU) 2019/983
• Articles: 5

Article 1

Directive 2004/37/EC is amended as follows:

(1)

In Article 18a, the following subparagraphs are added:

‘No later than 11 July 2022, the Commission shall assess the option of amending this Directive to add provisions on a combination of an airborne occupational exposure limit and a biological limit value for cadmium and its inorganic compounds.

No later than 30 June 2020, the Commission shall, taking into account the latest developments in scientific knowledge, and after appropriate consultation with relevant stakeholders, in particular health practitioners and health professionals, assess the option of amending this Directive in order to include hazardous drugs, including cytotoxic drugs, or to propose a more appropriate instrument for the purpose of ensuring the occupational safety of workers exposed to such drugs. On that basis, the Commission shall present, if appropriate, and after consulting management and labour, a legislative proposal.’;

(2)

Annex III is amended in accordance with the Annex to this Directive.

Article 2

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 11 July 2021. They shall immediately inform the Commission thereof.

When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

2.   Member States shall communicate to the Commission the text of the measures of national law which they adopt in the field covered by this Directive.

Article 3

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .

Article 4

This Directive is addressed to the Member States.

Schedules & Appendices

ANNEX

ANNEX

In point A of Annex III to Directive 2004/37/EC, the following rows are added:

Name of agent

EC No ( 1 )

CAS No ( 2 )

Limit values

Notation

Transitional measures

8 hours ( 3 )

Short-term ( 4 )

mg/m 3  ( 5 )

ppm ( 6 )

f/ml ( 7 )

mg/m 3  ( 5 )

ppm ( 6 )

f/ml ( 7 )

‘Cadmium and its inorganic compounds

—

—

0,001  ( 11 )

—

—

—

—

—

Limit value 0,004 mg/m 3

( 12 ) until 11 July 2027

Beryllium and inorganic beryllium compounds

—

—

0,0002  ( 11 )

—

—

—

—

—

dermal and respiratory sensitisation  ( 13 )

Limit value 0,0006 mg/m 3 until 11 July 2026

Arsenic acid and its salts, as well as inorganic arsenic compounds

—

—

0,01  ( 11 )

—

—

—

—

—

—

For the copper smelting sector, the limit value shall apply from 11 July 2023

Formaldehyde

200-001-8

50-00-0

0,37

0,3

—

0,74

0,6

—

dermal sensitisation  ( 14 )

Limit value of 0,62 mg/m 3 or 0,5 ppm ( 3 ) for the health care, funeral and embalming sectors until 11 July 2024

4,4′-Methylene-bis (2-chloroaniline)

202-918-9

101-14-4

0,01

—

—

—

—

—

skin ( 10 )

( 11 )   Inhalable fraction.

( 12 )   Inhalable fraction. Respirable fraction in those Member States that implement, on the date of the entry into force of this Directive, a biomonitoring system with a biological limit value not exceeding 0,002 mg Cd/g creatinine in urine.

( 13 )   The substance can cause sensitisation of the skin and of the respiratory tract.

( 14 )   The substance can cause sensitisation of the skin.’.