Sixth amendment to the CMRD nearing completion.

On 2 September, the European Parliament’s Committee on Employment and Social Affairs (EMPL) approved the outcome of the trilogue negotiations by a large majority. The Council had already given its approval on 22 July.

The amendment aims to further strengthen the protection of workers from hazardous chemicals at work. Among other measures, new or revised occupational exposure limits will be introduced for cobalt, polycyclic aromatic hydrocarbons, isoprene and 1,4-dioxane. In addition, welding fumes will be included within the scope of the CMRD. Welding fumes can contain hazardous substances such as chromium, nickel and cadmium compounds, which are classified as carcinogenic.

Extension of the Commission proposal

The Council and the European Parliament have expanded the European Commission’s original proposal in several areas. A new occupational exposure limit for isoprene has been added. The substance is used in particular in the chemical and rubber industries.

The definitions of “carcinogens”, “mutagens” and “reprotoxic substances” have also been amended to take account of the inclusion, for the first time, of welding fumes with potentially reprotoxic effects in Annex I to the Directive. At the same time, Article 18a has been supplemented. This leaves open the possibility of setting limit values for individual components of welding fumes in the future.

Personal protective equipment

At the initiative of the European Parliament, the Directive also sets out more clearly when personal protective equipment (PPE) may be used. PPE should only be used where exposure cannot be prevented by other measures. Requirements for the selection, maintenance, cleaning and individual fitting of PPE are also laid down.

This explicitly strengthens the STOP principle. It establishes the order in which protective measures should be taken to eliminate or minimise hazards through substitution, technical measures, organisational measures or personal protective measures. Personal protective equipment should only be used where other protective measures are insufficient. This is an important clarification, particularly for work involving carcinogenic, mutagenic or reprotoxic substances, also known as CMR substances.

Another new provision is an entitlement to regular breaks for workers who are required to wear personal protective equipment to protect themselves from CMR substances. The duration and frequency of these breaks are to be determined on the basis of the risk assessment. The hierarchy of protective measures is also given greater emphasis in the recitals of the Directive.

Particular focus on emergency and firefighting personnel

For the first time, the otherwise generally worded CMRD explicitly addresses certain groups of emergency personnel. At the initiative of the European Parliament, it is stated that employers should assess and reduce the exposure of emergency and firefighting personnel to CMR substances, including polycyclic aromatic hydrocarbons.

In addition, the European Commission and the European Agency for Safety and Health at Work (EU-OSHA) are to take into account the specific exposure situations of emergency and firefighting personnel when developing future guidelines.

Further occupational exposure limits in focus

The European Parliament is expected to hold its final vote on the trilogue outcome during the first plenary session in October. This will pave the way for the formal adoption and publication of the sixth amendment to the CMRD.

CMRD VI also provides impetus for the further development of the Directive. The Council and the European Parliament call on the European Commission to advance the identification of priority substances for further occupational exposure limits and to provide workers with clearer information about the remaining risks associated with exposure to CMR substances. For future amendments, the Council and the European Parliament explicitly refer to substances identified as immediate priorities by the Advisory Committee on Safety and Health at Work (ACSH).