Regulation Of The Minister Of Health Of 30 December 2004 On Occupational Safety And Health Associated With The Occurrence Of Chemical Agents In The Workplace

Original Language Title: ROZPORZĄDZENIE MINISTRA ZDROWIA z dnia 30 grudnia 2004 r. w sprawie bezpieczeństwa i higieny pracy związanej z występowaniem w miejscu pracy czynników chemicznych

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On the basis of article. 23715 § 2 of the Act of 26 June 1974-labour code (Journal of laws 1998, No 21, item 94., as amended. 3)) are managed as follows: § 1. Used in Regulation shall mean: 1) chemical factor-each element or chemical compound, 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 work environment, including removing it in the form of waste, in the course of any job, regardless of whether it is or is not produced intentionally or is or is not placed on the market;

2) [1] chemical factor hazardous chemical factor a), which meets the criteria for classification contained in any of the classes of physical hazards or risks to human health referred to in the regulation of the European Parliament and of the Council (EC) no 1272/2008 of 16 December 2008 on 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 (OJ. EU L 353, 31.12.2008, p. 1, as amended. d.), regardless of whether it was classified, b) factor, which does not meet the criteria for classification referred to in point (a). and that because of its physico-chemical properties or effects on human beings and the way in which it is used or present in the workplace, may pose a risk to the safety or health of workers; by this concept should be understood each chemical factor and dust, for which it was established values of maximum concentrations referred to in legislation issued on the basis of art. 228 § 3 of the Act of 26 June 1974-labour code;

3) permissible concentration in biological material-the maximum level of a specific factor or its metabolite in the relevant biological material or the highest value of the appropriate pointer, determining the impact of a chemical agent on the body; in particular, the biological material are blood and urine collected from employees;

4) risk factor chemical-a property of the chemical agent that can potentially cause injury;

5) occupational risks posed by chemical factor-probability () potential health damage in the conditions of use of the chemical agent or exposure to a chemical in the workplace;

6) work involving chemical agent-any work in which applies or intends to apply the chemical agent, in any process, including its manufacture, any manipulation, storage, transport and disposal in the form of waste and waste treatment processes, as well as any activity that results from such work;

7) occupational exposure to the chemical agent is a process chemical factor employee body impact on his work.

§ 2. The employer is obliged to determine whether the work environment there is a factor of chemical hazardous and to carry out and document the risk assessment for chemical factor.

§ 3. 1. risk assessment the employer is obliged to take into account: 1) hazardous properties of chemical factor;

2) you received from the provider information about the threat of chemical factor and the recommendations of its safe use, in particular, contained in the safety data sheet referred to in separate regulations;

3) the type, level and duration of exposure;

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

5) limit values for concentrations in biological material, if it were established;

6) effects of preventive measures;

7) the results of the assessment of the State of the health of workers, if it has been carried out;

8) conditions of use of the chemical, taking into account the amounts of these factors.

2. the employer shall be obliged to obtain additional information from the vendor of the chemical agent or from other available sources, if this is necessary in order to make a risk assessment.

3. In those cases where there is exposure to several chemical agents, you must assess the risk posed by all chemical agents.

4. Risk assessment must also include an assessment of these types of work, during which time you may experience a significant increase in exposure, in particular: 1) during the overhaul and repair of equipment;

2) other activities, which can have a detrimental effect on the safety or health of workers, also in those cases where it was decided all the necessary preventive measures.

5. the risk assessment shall be drawn up in writing.

6. Risk assessment the employer provides your doctor who has preventive health surveillance of workers.

§ 4. 1. the employer is obliged to re-evaluate risk posed by chemical factor, if you will: 1) the change in the composition of chemical factor;

2) change in the process;

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

2. A reassessment of the risk referred to in paragraph 1. 1, should also be carried out at the request of the doctor holding the preventive health care of employees in cases of legitimate evaluation of health workers, and in particular in the event of an overrun of the biological limit value level of lead in the blood of the employee.

§ 5. If you start a new activity by the employer with the application of chemical agent, work can begin after determining whether the work environment will factor or chemical hazardous, making the risk assessment resulting from the presence of this factor and to take the necessary preventive action.

§ 6. 1. Occupational hazards resulting from the work of a chemical or a threat to be eliminated or limited to the minimum in accordance with the General provisions of the occupational safety and health, and in particular by: 1) competent design and work organization in the workplace;

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

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

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

5) workplace hygiene;

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

7) the use of appropriate working procedures, including procedures or instructions for the safe handling of chemical factor creating risk and waste containing such factor and the procedures for their storage and transport at the place of work;

8) proper use of facilities and equipment in the work of the chemical agent, to ensure the safety and health of workers.

2. the actions and measures referred to in paragraph 1. 1, should take into account the changing working conditions, and their purpose should be continuous improvement of working conditions.

§ 7. If the type of activity by the employer allows it, the preferred action undertaken in order to eliminate or reduce risks, should be to avoid the use of a hazardous chemical agent by replacing it with a chemical factor or a process that in the conditions of use does not pose a risk or poses less threat to the safety and health of workers.

§ 8. 1. In cases where the nature of the employer's business does not allow you to take action, as referred to in § 7, the employer is obliged to reduce the risk to a minimum by applying measures and protective measures and preventive actions, appropriate to the results of the risk assessment.

2. actions and measures to eliminate the risk or reduce it to a minimum in the cases referred to in paragraph 1. 1 shall be taken in the following order: 1) the Elimination of the release into the environment of a hazardous chemical agent work by appropriate design of work processes and technical control, and the use of suitable equipment and materials;

2) limitation of release into the environment of a hazardous chemical agent work by appropriate design and proper organisation of work processes, the use of adequate equipment and materials, and the systematic checks the State of occupational safety and health with particular reference to the organisation of work processes, the technical condition of machinery and other technical equipment and to determine ways of registration irregularities and their method of disposal;

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

4) the use of personal protective equipment, if the threat cannot be countered by other means.

§ 9. In the case where the measurements of the concentrations of the chemical agent, executed in accordance with special provisions, demonstrate exceeding the exposure limit values of concentrations, the employer shall immediately take action and measures designed to eliminate any overshoot in in accordance with the General provisions of occupational safety and health and the provisions of this regulation.


§ 10. 1. the employer shall ensure the protection of workers against the dangers arising from physicochemical properties of the chemical agent, in deciding, based on the results of the risk assessment, technical or organisational measures and measures aimed at safe use of chemical factor posing a threat.

2. in particular, the employer shall, in the order specified below, the actions and measures designed to: 1) prevent the presence at the workplace of inflammable substances in concentration or threat or unstable chemical substances in quantities hazardous explosion or fire;

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

3) restrictions of the implications for the safety and health of workers in the event of a fire or explosion of inflammable substances, unstable chemical substances or mixtures thereof.

§ 11. 1. in the case of the presence of a hazardous chemical agent in the workplace accident or breakdown the employer shall determine and implement procedures to ensure the safety and health protection of workers.

2. the procedures referred to in paragraph 1. 1, will include also exercises repeated periodically, to ensure appropriate measures and rescue equipment and first-aid policies for victims.

§ 12. 1. In the event of an accident or breakdown the employer immediately informs the employees and take action to reduce the effects of these events.

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

3. Employees carrying out work in the area where the event occurred, referred to in paragraph 1. 1, the employer will provide the appropriate to the personal protective equipment (e.g. protective clothing, respiratory protection equipment) and other necessary equipment and protective equipment that should be used until you remove the threat.

4. in the area referred to in paragraph 1. 1, it is prohibited to people without being appropriate to the risks of personal protective equipment and other necessary equipment.

§ 13. 1. In the case of exposure to the work environment on lead and its inorganic compounds, as part of health surveillance, compulsory biological monitoring includes measurement of lead in the blood (PbB), carried out in accordance with the regulations issued on the basis of article. 229 § 8 of the labour code, using the atomic absorption spectrometry or a method giving equivalent results.

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

§ 14. This Regulation shall enter into force after 14 days from the date of the notice.



 

1) Health Minister directs Government Administration Department-health, on the basis of § 1 para. 2 regulation of the Prime Minister of 11 June 2004 on the detailed scope of the Minister of health (OJ No 134, poz. 1439).

2) the provisions of this Regulation implement 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 article 16 (1) of Directive 89/931/EEC) (OJ. EC-L 131 of 5.05.1998; Oj. EU Polish Special Edition, chapter. 05.03, p. 279).

3) Changes the consolidated text of the said Act were announced in the journal of laws of 1998, no. 106, item. 668 and # 113, item. 717, with 1999 No. 99, item. 1152, 2000 No 19, item. 239, no. 43, item. 489, no. 107, item. 1127 and No. 120, item. 1268, 2001 # 11. 84, no. 28, item. 301, no. 52, item. 538, No 99, item. 1075, no. 111, item. 1194, # 123, poz. 1354, no. 128, item. 1405 and # 154, poz. 1805, 2002 No. 74, item. 676, No 135, item. 1146, # 196, poz. 1660, # 199, item. 1673 and # 200. 1679, from 2003 No 166, item. 1608 and # 213. 2081, 2004, no. 96, item. 959, no. 99, item. 1001, no. 120, item. 1252 and # 240. 2407 and 2005 No. 10, item. 71.4) changes to the said Act were announced in the journal of laws of 2001, no. 100, item. 1085, no. 123, item. 1350 and No. 125, item. 1367, 2002 No 135, item. 1145 and # 142, item. 1187, 2003 # 189. 1852 and from 2004, no 96, item. 959 and No. 121, item. 1263. [1] § 1 paragraph 2 shall be added to be fixed by section 1 of the regulation of the Minister of Health of 24 July 2015. amending the regulation on health and safety at work associated with the occurrence of chemical agents in the workplace (OJ. 1097). The change came into force on August 12, 2015.

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