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Government Regulation Of Chemical Agents At Work

Original Language Title: Valtioneuvoston asetus kemiallisista tekijöistä työssä

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Council Regulation on chemical agents at work

See the copyright notice Conditions of use .

In accordance with the decision of the Council of State, which has been presented by the Ministry of Social Affairs and Health, Article 47 of the ec Treaty As defined by Law 144/1993:

ARTICLE 1
Purpose

The purpose of this Regulation is to protect workers from the risks and disadvantages caused by chemical agents at work.

ARTICLE 2
Scope

This Regulation shall apply to work where dangerous chemical agents occur or may occur.

ARTICLE 3 (13/05/602)
Definitions

For the purposes of this Regulation:

(1) Chemical factor An element or compound contained in a mixture, whether or not produced, used in the natural state or in the context of a work function, or as a waste discharge, whether or not it has been produced intentionally, or Unintentionally and whether it is placed on the market or not;

(2) With a dangerous chemical factor:

(a) a chemical agent complying with the classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67 /548/EEC and 1999 /45/EC and amending Regulation (EC) No 1907/2006 The criteria relating to the hazard classification of physical hazards or risks to health, as provided for in Council Regulation (EC) No 1272/2008, on the basis of which it can be classified as hazardous, whether or not the chemical The author is classified under that Regulation;

(b) a chemical agent which does not fulfil the criteria for classification as hazardous under point (a), but may pose a risk to the health and safety of workers due to their physicochemical, chemical or toxicological properties; and The way in which it is used or occurs at the place of work, including chemical agents, for which, in accordance with Articles 12 to 15, a occupational exposure limit or biological limit is defined;

(3) With the limit value for air pollution The limit value for the time-weighted average concentration of the chemical factor in the air in the air in relation to the reference time (mean time limit);

(4) Biological limit value The limit value for the relevant factor of the relevant biological medium, its metabolite or its impact indicator;

(5) Risk The likelihood of a possible occurrence or challenge and the severity of the hazard or challenge under conditions of use or exposure.

STMp on the criteria for classification and labelling of chemicals has been abrogated by STMai on the criteria for classification and labelling of chemicals 807/2001 . L 744/1989 Has been repealed by the Chemicals L 599/2013 .

§ 4
Information to identify hazards

For hazard identification and risk assessment, the employer must have adequate knowledge of the properties and hazards of the chemical agents used at work.

For its part, the employer shall ensure that the packaging of the dangerous chemical is marked and that the chemical has been supplied with an appropriate safety data sheet for the workplace as specified in the report.

§ 5
Safety data sheets and list of chemicals used in the workplace

The employer shall keep an up-to-date list of chemicals used in the workplace in accordance with the trade name. The list shall include the classification of the chemical and the availability of the safety data sheet for the chemical.

Safety data sheets and a list of chemicals used in the workplace must be regarded as accessible to workers at the workplace. Safety data sheets and the list or copies thereof shall be provided in an appropriate manner to the Job Protection Supervisor.

ARTICLE 6
Identification of risks and risk assessment

The employer shall identify the hazards posed by the chemical agents at work and assess the potential risks to the safety and health of workers, taking into account:

(1) hazardous properties and quantities of chemical agents and possible synergies between the factors;

(2) safety and health information provided by the chemical supplier, including safety data sheets;

3) the level, type and duration of exposure;

(4) different working situations in which chemical agents are used or found, including repair and maintenance work and other randomly assigned exposures;

(5) limit values for air pollutants or biological limits;

(6) the impact of possible preventive and protective measures;

(7) the conclusions of the health surveillance of the workers available.

The risk assessment shall be presented in an appropriate manner in written form and shall specify the preventive measures taken and the protection measures taken. The risk assessment may include a statement that a more detailed risk assessment is not necessary for justified reasons. The risk assessment shall be kept up to date and reviewed in particular if changes in the conditions of the workplace or the results of the health surveillance of workers require it.

A new activity or process involving dangerous chemical agents can only be started once its risks have been assessed and the necessary preventive measures taken.

Where the results of the risk assessment show that risks to the safety and health of workers that cannot be eliminated or adequately reduced by application of the general risk reduction principles laid down in Article 8 shall also apply to: The specific preventive and surveillance measures referred to in Articles 9, 11 and 19.

§ 7
Instruments

If the exposure of workers to dangerous chemical agents cannot otherwise be reliably assessed, the employer's measurements shall be carried out on a regular basis and whenever there is a change in worker exposure. Measurement results shall be compared with the thresholds referred to in Articles 12 to 15.

Where the measurement results indicate that the limit values referred to in paragraph 1 are not exceeded, if necessary, measurements shall be made at the most appropriate intervals if necessary to establish the stability of the situation. The closer the results of air pollution measurements are of a limit value, the more measurements must be carried out.

§ 8
General principles for risk reduction

In view of the number and characteristics of a dangerous chemical agent, the employer must observe adequate care and caution. The employer may not use a chemical for which he or she does not have an alert and a safety data sheet or similar information. The adoption of warning labels and the preparation and submission of a safety data sheet shall be laid down separately.

The risks to the health and safety of workers from hazardous chemical agents must be eliminated or reduced to a minimum by the following means:

(1) design and arrangement of working methods;

(2) the use of appropriate equipment and work equipment and the maintenance methods to ensure safety;

(3) reducing the number of exposed workers to a minimum;

(4) minimising the duration and intensity of exposure;

(5) appropriate measures in the field of general hygiene;

(6) reducing the number of hazardous chemical agents to the minimum quantity required for such work; and

(7) appropriate working methods, including arrangements for the safe treatment, storage and transport of dangerous chemical agents and waste containing such chemical agents.

§ 9
Special preventive and protective measures

The employer shall ensure that the risk from a dangerous chemical agent to the safety and health of workers at work is eliminated or reduced to a minimum. To this end, a dangerous chemical agent or working method shall be removed or replaced by a risk factor for the safety and health of workers with a less dangerous factor or working method.

If, due to the nature of the activity, the perpetrator or the working method cannot be removed or replaced, the employer shall ensure that the risk is reduced as low as possible through preventive or protective measures based on risk assessment. These measures shall be based on the order of precedence:

(1) avoidance of emissions of chemical agents posing a risk to the safety and health of workers by means of safe working methods, control and control systems and appropriate equipment and materials;

(2) adequate ventilation or other structural and technical protection measures at the source of the hazard; and

(3) use of personal protective equipment and other personal protection measures if exposure cannot be prevented, as mentioned above.

The obligation of the worker to use the protection instruments prescribed to him and to provide for the safety and health of his or her own and other workers is regulated separately.

ARTICLE 10
Hazards due to the physical properties of chemical agents

In accordance with the general principles of risk assessment and risk reduction, the employer shall take the necessary measures to protect workers against the physical characteristics of chemical agents such as fire and explosion From the risks associated with it. These measures include the safe storage, treatment and separation of chemical agents. In addition, the employer must monitor the production facilities, equipment and machinery sufficiently.

In order of priority, the employer shall:

(1) prevent the formation of dangerous concentrations of flammable substances and avoid the storage of dangerous quantities of chemically unstable substances at the workplace or, where the nature of the work is not possible;

(2) avoid the presence of ignition sources which might cause fires or explosions and the conditions under which dangerous reactions may be caused by chemically unstable substances or mixtures; or

(3) limit the harmful effects on the health and safety of workers in the event of fires or explosions due to the ignition of substances, or the harmful effects of chemically unstable substances or mixtures.

The tools and protective systems intended for use in potentially explosive atmosphares shall be provided separately.

Where appropriate, the employer shall use the damping equipment of the explosion or take measures to reduce explosive pressure.

ARTICLE 11
Accidents and situations of hazard and emergency

The employer shall have an action plan in the event of accidents, hazard and emergency situations, including procedures for the protection of workers, rescue measures, first aid and appropriate safety exercises. At regular intervals. The employer shall organise the necessary warning and other communication systems in the event of an increased risk of accidents and of hazard and emergency situations.

The employer shall ensure that the Code of Conduct relating to accidents and hazard and emergency situations caused by chemical agents is also available for internal and external emergency services. The guidelines should include available information on specific hazards that may occur in the event of an accident or hazard or emergency.

In the event of an accident or hazard or emergency, the employer shall, as soon as possible, limit its effects and inform the workers concerned. The situation must be restored as soon as possible. Only the workers needed to carry out repairs and other necessary works can work in the danger zone. These workers shall be provided with appropriate protective clothing, personal protective equipment and special safety equipment and equipment, which they shall use for as long as the risk situation persists. The entry of unprotected persons into the danger zone must be prevented.

ARTICLE 12
Binding limit values for air pollutants

If the exposure of the worker exceeds the limit value for the prescribed binding air pollutant, the employer shall without delay reduce the exposure in such a way that the threshold is not exceeded.

ARTICLE 13
Hourly known concentrations

A decree from the Ministry of Social Affairs and Health may provide for known concentrations of air pollutants (HTP values) which the employer must take into account without purity, worker exposure and measurement results In assessing the relevance. Concentrated concentrations are the lowest concentrations of air pollutants to which the Ministry of Social Affairs and Health considers that it could damage the worker within the meaning of Article 16 of the Safety and Health Act.

ARTICLE 14
Binding limit values for biological samples

If the exposure of the worker exceeds the binding limit value for the prescribed biological sample, the employer shall without delay reduce the exposure in such a way that the limit value is not exceeded.

§ 15
Reference limits for biological samples

A Regulation of the Ministry of Social Affairs and Health may provide for a reference limit for the biological sample of the worker to be measured by the employer to take account of the working conditions, the exposure of workers and the When assessing the results of the exposure measurements.

ARTICLE 16
Training and guidance to workers

The employer shall provide training and guidance to workers, which shall include:

(1) information and additional information necessary for the assessment of the risks in accordance with Article 6 of this Regulation, whenever the situation changes;

2) training and guidance on appropriate precautions and measures to be taken by the worker to protect himself and other workers in the workplace;

(3) the names, safety and health hazards of dangerous chemical agents at the workplace, occupational exposure limit values and other provisions; and

(4) training and guidance for the safe use and handling of chemicals for safety data sheets, labelling and instructions for use.

The information shall be kept up to date and shall be presented in a manner consistent with the results of the risk assessment under Section 6.

Where appropriate, the employer shall draw up the detailed instructions for use and safety of the hazardous chemical attached to written teaching and guidance.

If detailed use and safety instructions are available for the safe handling of the chemical, the employer shall ensure that the worker has adopted the instructions.

The employer shall ensure that the contents and characteristics of the containers and pipes and the hazards associated with it are clearly identifiable. The labelling of containers containing dangerous chemicals is regulated separately.

§ 17
Cooperation

The cooperation and information between the employer and the employees shall be regulated separately.

ARTICLE 18
Prohibitions

The production, manufacture or use of chemical agents in work and related tasks in the Annex shall be prohibited to the extent specified in the Annex.

Exceptions to the prohibitions referred to in paragraph 1 may be permitted by the relevant occupational safety authority in the following cases:

(1) scientific research and testing purposes and analysis;

(2) tasks designed to eliminate chemical agents in the form of a by-product or a waste product;

(3) the manufacture of chemical agents referred to in paragraph 1 as intermediate substances, which react immediately.

The exposure of workers to the chemical agents referred to in paragraph 1 shall be prevented, in particular by ensuring that the manufacture and early use of such chemical agents as intermediate substances is carried out in a closed system, Of which the abovementioned chemical agents can only be removed to the extent necessary for the monitoring of the process or the maintenance of the system.

In the event of an exemption, the employer shall forward the following information to the relevant Labour Inspection Authority:

(1) the reason for requesting an exemption;

(2) the quantity of chemical agents used annually for use;

(3) the tasks and/or reactions or processes involved;

(4) the likely number of workers exposed and involved in the treatment;

(5) measures designed to protect the safety and health of the workers concerned;

(6) technical and organisational measures taken to prevent workers' exposure.

§ 19
Health surveillance

The employer's obligation to organise occupational health services is laid down separately.

If, as a result of the health surveillance carried out by the occupational health service, or otherwise the worker is found to have a medical condition or a health hazard which can be regarded as occupational exposure to dangerous workers at work For a chemical agent or if a binding biological limit value is exceeded, the employer shall:

(1) review the necessary aspects of the risk assessment;

(2) revise the measures to eliminate the risk or reduce the risk;

(3) take into account the instructions for the health service when carrying out the hazard or the measures required to reduce the risk, including the possibility of transferring an employee to the exposed work; and

(4) ensure continued health surveillance and care for the health status of other workers exposed in the same way as is provided for separately.

§ 20
Determination of air pollution measurements

The Ministry of Social Affairs and Health may, in general or in the field of industry, work, chemical or exposure, and the employment protection agency concerned may, on an individual basis, prescribe:

1) because and how often the measurements of the chemical agent are to be performed;

(2) the methods of assessment, measurement, sampling and analysis shall be used;

3) how and to whom the results are to be reported;

4) how and how long exposure data must be kept; and

(5) that an independent measuring body should be used for specific reasons.

The methods of measurement, sampling and analysis shall take into account the generally accepted and available methods.

ARTICLE 21
More detailed provisions

More detailed provisions on the definition, assessment and management of risks under this Regulation, as well as prevention and protection measures, shall be adopted, where appropriate, by a decree of the Ministry of Social Affairs and Health.

§ 22
Entry into force

This Regulation shall enter into force on 1 September 2001.

This Regulation repeals the Council Decision of 8 October 1992 on the protection of workers from the risks related to exposure to chemical agents (192,1992) With its subsequent modifications.

Council Directive 98 /24/EC; OJ L 131, 5.5.1998, p. 11

Entry into force and application of amending acts:

13/05/602:

This Regulation shall enter into force on 1 June 2015.

Council Directive 98 /24/EC, OJ L 131, 5.5.1998, p. Directive 2014 /27/EU of the European Parliament and of the Council, OJ L 65, 5.3.2014, p. 1-7