REGULATION OF THE HEALTH MINISTER ¹⁾

of 30 December 2004

on health and safety at work associated with the presence of chemical agents in the workplace ²⁾

• Metric
• Codified text

On the basis of art. 237 ¹⁵ § 2 of the Act of 26 June 1974. -Labour Code (Dz. U. 1998 r. No 21, pos. 94, z późn. 1. ³⁾ ) The following shall be managed:

§ 1. The terms used in the Regulation indicate:

1) chemical agent-each element or chemical compound, either on its own or in a mixture, in the state in which it occurs in nature, or in the state in which it is produced, used or released in the working environment, including when removing it in the form of waste, in the course of any work, whether or not it is produced intentionally or is or is not placed on the market;

2) [ 1] chemical agent posing a risk:

(a) a chemical agent that meets the classification criteria contained in any of the classes of physical hazards or human health hazards laid down in Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008. on 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 (Dz. Urz. EU L 353, 31.12.2008, p. 1, from late. zm.), regardless of whether or not it has been classified,

(b) a chemical agent which does not meet the classification criteria referred to in point (a) which, in view of its physico-chemical properties or effects on man and the manner in which it is used or present in the workplace, may pose a risk for the safety or health of workers; this concept shall also be understood to mean any chemical agent and dust for which the maximum concentration limit values referred to in the provisions of Article 4 (1) are set out in the provisions of Article 4 (1) of the Regulation. 228 § 3 of the Act of 26 June 1974. -Labour Code;

3) acceptable concentration in biological material-the highest acceptable level of a specific factor or its metabolite in the appropriate biological material or the highest acceptable value of the relevant indicator, determining the impact the chemical agent; in particular biological material shall be the blood and urine collected from the workers;

4) a chemical agent-specific chemical agent property which is likely to cause injury;

5) the professional risk posed by the chemical agent-the probability (possibility) of occurrence of potential health damage in the conditions of use of the chemical agent or exposure to the chemical agent in the workplace;

6. working with the chemical agent-any work in which the chemical agent is used or intended to be used, in any process, including its manufacture, any manipulation, storage, transport and disposal in the form of a chemical agent waste and waste treatment processes, as well as any activity which results from such work;

7) occupational exposure to a chemical agent-the process of influencing an employee of a chemical agent acting on his/her job.

§ 2. The employer is required to determine whether a chemical agent poses a risk in the working environment and to make and document the occupational risk assessment of the chemical agent.

§ 3. 1. In the assessment of occupational risks, the employer shall be obliged to include:

1) hazardous properties of the chemical agent;

2) the information received from the supplier on the risk of chemical agent and recommendations of its safe use, in particular included in the safety data sheet referred to in separate regulations;

3) type, level and duration of exposure;

4) the values of maximum acceptable concentrations in the working environment, if they have been established;

(5) the limit values in biological material, if they are determined;

6) effects of preventive actions;

7) the results of the assessment of the health status of workers, if carried out;

8) working conditions for the use of chemical agents, taking into account the number of these factors.

2. The employer shall be obliged to obtain additional information from the supplier of the chemical agent or from other sources available to it, if this is necessary in order to assess the occupational risk.

3. In these cases, where there is exposure to several chemical agents, the risk posed by all chemical agents together should be assessed.

(4) The assessment of occupational risk must also include an assessment of the types of work for which a significant increase in exposure may occur, in particular:

1) during repairs and repairs of equipment;

2) other activities which may have a detrimental effect on the safety or health of workers, including in those cases where all necessary preventive measures have been taken.

5. The cost of professional risk shall be made in writing.

6. An occupational risk assessment shall be made available by the employer to the health care professional for the health care of the workers.

§ 4. 1. The employer shall be obliged to reassess the professional risk posed by the chemical agent, if any:

1) change in the composition of the chemical agent;

2) change in technological process;

3) the progress of medical knowledge concerning the impact of this factor on human health.

2. Re-assessment of the risk referred to in paragraph 2. 1, should also be carried out at the request of a medical practitioner for health care of workers, in cases justified by the assessment of the health status of workers, and in particular if there is an exceedence of the level of admissible health care the blood lead in the worker's blood.

§ 5. When the employer begins a new business with a chemical agent, work can be started after determining whether a hazard factor or chemical agent will be present in the working environment, risk assessment the professional experience of this factor and take the necessary preventive measures.

§ 6. 1. The occupational risks arising from the work with a chemical agent posing a risk shall be eliminated or reduced to a minimum in accordance with the general provisions of occupational health and safety, and in particular by:

1) proper design and organization of work in the workplace;

2) provide adequate equipment for the work with chemical agents and the use of traffic maintenance procedures which ensure the protection of health and safety of workers at the workplace;

3) reducing to a minimum the number of workers exposed or who may be exposed to chemical agents in the workplace;

4) reducing to a minimum of time and the level of exposure to the chemical agent;

5) adequate hygiene of the workplace;

6) reduce to a minimum the amount of chemical agent required in the work process;

7) the application of appropriate working procedures, including procedures or instructions for safe handling of the hazardous chemical agent and the waste containing such a factor and the procedures for their storage and transport at the workplace;

8) proper use of equipment and equipment in works with a chemical agent, ensuring safety and protection of the health of workers.

2. The actions and measures referred to in paragraph 2. 1, they should take into account the changing working conditions, and their aim should be to improve working conditions.

§ 7. Where the type of activity carried out by the employer permits, the preferred action taken to eliminate or limit the risk should be to avoid the use of the chemical agent causing the risk, by the replacement of it with a chemical agent or process which, under its conditions of use, does not present a risk or poses a lower risk to the safety and health of workers.

§ 8. 1. In cases in which the nature of the employer's activity does not allow the taking of the activities referred to in § 7, the employer shall be obliged to limit the risk to the minimum by the application of measures and protective measures and preventive measures, suitable for the results of occupational risk assessment.

2. Actions and measures to eliminate or reduce occupational risks in the cases referred to in paragraph 2. 1, shall be taken in the following order by:

1) eliminate the release into the working environment of the hazardous chemical agent through proper design of work processes and technical control and the use of appropriate equipment and materials;

2) limitation of the release into the working environment of the hazardous chemical agent through proper design and proper organisation of work processes, application of appropriate equipment and materials and systematic checks of the state occupational safety and health, with particular regard to the organisation of work processes, the technical condition of machinery and other technical equipment, and the identification of the means of registration of irregularities and methods of disposal;

3) the application of collective protection measures at source of risk, such as, for example, adequate ventilation, and appropriate organisational measures;

4) the use of personal protective equipment, if the threat cannot be counteracted in any other way.

§ 9. Where measurements of concentrations of the chemical agent, carried out in accordance with separate provisions, show that the maximum concentration limit values are exceeded, the employer shall immediately take action and measures to eliminate exceedances. in accordance with the general rules on health and safety at work and the provisions of this Regulation.

§ 10. 1. The employer shall ensure the protection of workers from the dangers arising from the physicochemical properties of the chemical agent, taking, on the basis of the results of occupational risk assessment, technical or organisational measures and measures aimed at the safe use of the chemical agent causing the hazard.

2. In particular, the employer shall, in the order specified below, take action and measures aimed at:

1. to prevent the presence at the workplace of flammable substances in a concentration presenting a hazard or chemically unstable substances, in quantities presenting a risk of explosion or fire;

2. removal of sources of ignition, which may cause a fire or explosion, and eliminate the conditions that may cause chemically unstable substances to cause harmful physical effects;

3) limit the effects on the safety and health of workers in the event of fire or explosion of combustble substances, chemically unstable substances or their mixtures.

§ 11. 1. In the case of presence at the workplace of a chemical agent posing a risk of accident or accident, the employer will determine and implement the procedures of action to ensure the safety and health protection of the workers.

2. The procedures referred to in paragraph 1. 1, they shall also include rescue exercises repeated periodically, the provision of appropriate means and rescue equipment and the rules for granting first aid to the affected person.

§ 12. 1. In the event of an accident or accident, the employer shall immediately inform the employees and take action to limit the effects of these events.

2. In the area in which the accident or failure occurred, the employer shall immediately implement the procedures referred to in paragraph. 1, and the work will be allowed only to the workers necessary and authorized.

3. Workers performing work in the area in which the event referred to in the paragraph has arisen. 1, the employer will provide adequate for the risk of personal protective equipment (e.g. protective clothing, airway protection equipment) and other necessary protective equipment and equipment, which should be used until the risk is removed.

4. In the area referred to in paragraph. 1, it shall be prohibited to be present to persons without adequate personal protective equipment and other necessary equipment.

§ 13. 1. In the case of exposure in the working environment to lead and its inorganic compounds, in the framework of health control, a biological monitoring of the measurement of the concentration of lead in blood (PbB), carried out in accordance with the provisions of the data on the Article 1 229 § 8 of the Labour Code, with the application of atomic absorption spectrometry or method giving equivalent results.

2. Possible lead concentration in biological material for lead is 50 mg Pb/100 ml of blood.

§ 14. The Regulation shall enter into force after 14 days from the date of the announcement.

¹⁾ The Minister of Health heads the government administration department-health, based on § 1 par. 2 of the Regulation of the President of the Council of Ministers of 11 June 2004 on the detailed scope of the action of the Minister of Health (Dz. U. Nr 134, pos. 1439).

²⁾ The provisions of this Regulation shall be implemented by the provisions of Council Directive 98 /24/EC of 7 April 1998. on the protection of the health and safety of workers from the risks related to chemical agents at work (fourteenth individual Directive within the meaning of the Article) 16 ust. 1 of Directive 89 /931/EEC) Urz. EC L 131 of 5.05.1998; Dz. Urz. EU Polish Special Edition, rozdz. 05, t. 03, str. 279).

³⁾ Amendments to the text of the single law have been announced in the Dz. U. 1998 r. No. 106, pos. 668 i Nr 113, poz. 717, 1999 Nr 99, pos. 1152, of 2000 No 19, pos. 239, Nr 43, pos. 489, No. 107, pos. 1127 and No. 120, pos. 1268, 2001 No 11, pos. 84, Nr 28, pos. 301, Nr 52, pos. 538, Nr 99, pos. 1075, Nr 111, poz. 1194, No 123, pos. 1354, Nr 128, poz. 1405 and No. 154, pos. 1805, of 2002. No. 74, item. 676, No. 135, pos. 1146, No. 196, item. 1660, Nr 199, pos. 1673 and No. 200, pos. 1679, 2003 Nr 166, pos. 1608 i Nr 213, poz. 2081, 2004 Nr 96, pos. 959, Nr 99, pos. 1001, Nr 120, poz. 1252 and No. 240, pos. 2407 and 2005 Nr 10, pos. 71.

⁴⁾ The amendments to the said Act were announced in Dz. U. of 2001. No. 100, pos. 1085, Nr 123, pos. 1350 and Nr 125, pos. 1367, of 2002 No. 135, item. 1145 and No 142, pos. 1187, 2003 Nr 189, item. 1852 and 2004 Nr 96, pos. 959 i Nr 121, poz. 1263.

[ 1] § 1 point 2 in the wording established by § 1 of the Regulation of the Minister of Health of 24 July 2015 amending the Regulation on safety and health at work associated with the occurrence in the workplace of chemical agents (Journal of Laws of Laws of the European Union 1097). The amendment came into force on 12 August 2015.