Labor regulation

Obligation to list workers exposed to certain chemical agents before 5 July

Publié le 26 avril 2024 - Directorate for Legal and Administrative Information (Prime Minister)

To further protect workers from carcinogens, mutagens or toxins, employers have until July 5, 2024, to establish a list of workers exposed or likely to be exposed to such agents at work.

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Image 1Crédits: LIGHTFIELD STUDIOS - stock.adobe.com

The decree of 4 April 2024 introduces various amendments concerning the traceability and follow-up of workers exposed or “likely to be exposed” to chemical agents that are carcinogenic, mutagenic or toxic for reproduction.

These provisions concern the activities in which workers are exposed or likely to be exposed to such agents in the course of their work.

Better traceability of exposure of employees and temporary workers

Establishment of a list of exposed workers

The employer has until July 5, 2024, to establish a list of workers exposed or likely to be exposed to chemical agents that are carcinogenic, mutagenic or toxic to reproduction.

This list shall contain the following information:

  • the substances to which the worker is likely to be exposed;
  • the nature, the duration and the degree exposure (if possible).
Communication of the list to workers

The employer must make the list available to workers mentioned therein.

It shall also submit this list, in an anonymised manner, to the other workers and members of the staff delegation of the ESC: titleContent .

Communication of the list to occupational medicine

Finally, the employer must forward the list and its updates:

  • to prevention and occupational health services ;
  • occupational health services in agriculture, where applicable.

These services must keep the list for a period of timeat least 40 years.

Please note

Temporary employees may also be included in the list of workers likely to be exposed to chemical agents which are carcinogenic, mutagenic or toxic for reproduction.

In this case, the company in which the temporary agency carries out its task shall communicate to the temporary agency the information in the list and its updates.

The user company is also obliged to forward the list to occupational health.

Update of occupational exposure limit values

The Order also amends the table on occupational exposure limit values in order to add the substances referred to in Directive (EU) 2022/431 of 9 March 2022 amending Directive 2004/37/EC on the protection of workers from the risks related to exposure to carcinogens or mutagens at work.

This table indicates the level of concentration of chemical agents in the atmosphere of the workplace not to be exceeded over a specific period (8 hours or 15 minutes).

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