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Royal Decree 374/2001, Of 6Th April, On The Protection Of The Health And Safety Of Workers From The Risks Related To Chemical Agents At Work.

Original Language Title: Real Decreto 374/2001, de 6 de abril, sobre la protección de la salud y seguridad de los trabajadores contra los riesgos relacionados con los agentes químicos durante el trabajo.

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TEXT

Law 31/1995 of 8 November on the Prevention of Occupational Risks determines the basic body of guarantees and precise responsibilities to establish an adequate level of protection of workers ' health against the risks arising from working conditions, in the framework of a coherent, coordinated and effective policy. According to Article 6 of the Directive, the regulatory standards will be those which will be laid down and the most technical aspects of preventive measures.

Thus, it is the regulatory development rules that should set the minimum measures to be taken for the proper protection of workers. These include those aimed at ensuring the protection of workers from the risks related to chemical agents at work.

Likewise, the safety and health of workers have been the subject of various International Labor Organization conventions ratified by Spain, which are therefore part of our legal system. It stresses, as a general rule, the Convention No. 155 of 22 June 1981 on the safety and health of workers and the working environment, ratified by Spain on 26 July 1985. In the same sense, in the field of the European Union, criteria of a general nature on the actions in the field of safety and health at work have been established, as well as specific criteria relating to measures to protect against accidents and situations of risk. Specifically, Council Directive 98 /24/EC of 7 April on the protection of the health and safety of workers against the risks related to chemical agents at work lays down the specific provisions of Directive 98 /24/EC of the European Parliament and of the Council minimum in this area. It was later adopted by Commission Directive 2000 /39/EC of 8 June establishing a first list of indicative occupational exposure limit values in application of Council Directive 98 /24/EC. This Royal Decree provides for the transposition into Spanish law of the content of the two Directives mentioned above.

Commission Directive 2000 /39/EC states in its explanatory memorandum that for each chemical agent for which an indicative occupational exposure limit value is established at Community level, Member States should establishing a national occupational exposure limit value, its nature being determined in accordance with national law and practice. Accordingly, the Royal Decree refers, in the absence of environmental limit values for those set out in Annex I, to the environmental limit values, published by the National Institute for Safety and Hygiene at Work, as values of a reference for the assessment and control of the risks arising from the exposure of workers to such agents, in the "Document on occupational exposure limits for chemical agents in Spain", the application of which is recommended by the National Safety and Health Commission at Work.

By virtue of Article 6 of Law 31/1995 of 8 November 1995 on the Prevention of Occupational Risks, on the proposal of the Ministers of Labour and Social Affairs and of Health and Consumer Affairs, the organisations consulted the most representative employers and employers, the National Committee on Safety and Health at Work, in agreement with the Council of State and after deliberation by the Council of Ministers at its meeting on 6 April 2001,

DISPONGO:

CHAPTER I

General provisions

Article 1. Object and scope of application.

1. This Royal Decree is intended, within the framework of Law 31/1995, of 8 November, on the Prevention of Occupational Risks, to lay down minimum requirements for the protection of workers from risks arising from or likely to be derived from the presence of chemical agents in the workplace or from any activity with chemical agents.

2. The provisions of this Royal Decree shall apply to dangerous chemical agents which are or may be present in the workplace, without prejudice to:

(a) The provisions of the regulations on the radiation protection of workers related to chemical agents.

(b) The most stringent or specific provisions laid down in Royal Decree 665/1997 of 12 May 1997 on the protection of workers from the risks related to exposure to carcinogens during the period job.

(c) The most stringent or specific provisions on the transport of dangerous goods as set out in:

1. The Royal Decree 2115/1998 of 16 October on the transport of dangerous goods by road.

2. The National Regulations for the Carriage of Dangerous Goods by Rail.

3. The IMDG, IBC and IGC Codes as defined in Article 2 of Royal Decree 1253/1997 of 24 July on minimum conditions required for ships carrying dangerous or polluting goods with origin or destination in National seaports.

4. The European Agreement on the International Carriage of Dangerous Goods by Inland Waterways.

5. The national regulation and the technical instructions for the safe transport of dangerous goods by air.

3. The provisions of Royal Decree 39/1997 of 17 January 1997 on the Regulation of the Prevention Services shall apply in full to the whole of the field referred to in the preceding paragraph, without prejudice to the provisions rigorous or specific provisions of this Royal Decree.

Article 2. Definitions.

For the purposes of this Royal Decree, the following definitions shall

:

1. Chemical agent: any chemical element or compound, whether alone or mixed, as presented in a natural state or produced, used or dumped, including the discharge as waste, in an employment activity, whether or not it has been made intentionally and has been marketed or not.

2. Exposure to a chemical agent: presence of a chemical agent in the workplace involving the chemical agent's contact with the worker, usually by inhalation or dermal.

3. Hazard: the intrinsic ability of a chemical agent to cause harm.

4. Risk: the possibility of a worker suffering from a certain damage resulting from exposure to chemical agents. In order to qualify a risk from the point of view of its severity, the probability of the damage and the severity of the damage shall be jointly assessed.

5. Dangerous chemical agent: chemical agent which may pose a risk to the safety and health of workers due to their physicochemical, chemical or toxicological properties and to the way in which it is used or found in the place of work. They are considered to be included in this definition, in particular:

(a) Chemical agents that meet the criteria for classification as hazardous substances or preparations, established respectively in the regulations on the notification of new substances and classification, and packaging and the labelling of dangerous substances and the rules on the classification, packaging and labelling of dangerous preparations, irrespective of whether or not the agent is classified in those regulations, with the exception of those who only comply with the rules the requirements for their classification as hazardous to the environment.

(b) Chemical agents with an environmental limit value as referred to in Article 3 (4) of this Royal Decree.

6. Chemical agents: any work in which chemical agents are used, or are intended to be used, in any process, including production, handling, storage, transport or evacuation and treatment, or where occur as a result of that job.

7. Intermediate products: substances formed during chemical reactions and which are transformed and disappear before the end of the reaction or process.

8. By-products: substances which are formed during chemical reactions and which remain at the end of the reaction or process.

9. Environmental limit values: reference limit values for concentrations of chemical agents in the breathing area of a worker. Two types of environmental limit values are distinguished:

(a) Environmental limit value for daily exposure: limit value of the average concentration, measured or calculated in a weighted manner with respect to the time for the actual working day and referred to an eight-hour standard day daily.

(b) Environmental limit value for short-term exposures: the limit value of the average concentration, measured or calculated for any period of fifteen minutes during the working day, except for those chemical agents for which a lower reference period is specified.

10. Biological limit value: the limit of the concentration, in the appropriate biological environment, of the chemical agent or of one of its metabolites or of another biological indicator directly or indirectly related to the effects of the worker's exposure to the agent in question.

11. Health surveillance: The examination of each worker to determine their health status, in relation to exposure to specific chemical agents at work.

CHAPTER II

Obligations of the employer

Article 3. Risk assessment.

1. The employer must first determine whether there are dangerous chemical agents in the workplace. If this is the case, the health and safety risks of workers, arising from such agents, shall be assessed in accordance with Article 16 of the Occupational Risk Prevention Act and Section 1 of Chapter II of the Regulation. the Prevention Services, considering and analyzing together:

(a) Its hazardous properties and any other information necessary for the assessment of the risks, to be provided by the supplier, or to be obtained from the supplier or from any other easily accessible source of information. This information should include the safety data sheet and, where appropriate, the risk assessment for users, which are covered by the rules on the placing on the market of hazardous chemical agents.

b) Environmental and biological limit values.

c) The quantities used or stored of the chemical agents.

(d) The type, level and duration of workers ' exposure to agents and any other factors that condition the magnitude of the risks arising from such exposure, as well as accidental exposures.

e) Any other work condition that influences other risks related to the presence of the agents in the workplace and, specifically, with the hazards of fire or explosion.

f) The effect of preventive measures taken or to be taken.

g) The conclusions of the results of the health surveillance of workers who, where appropriate, have been carried out and accidents or incidents caused or enhanced by the presence of the agents in the workplace.

2. The risk assessment shall include the risk assessment of all activities, such as maintenance or repair, which may pose a risk to the safety and health of workers, as a result of the possibility of such a risk. exposures of importance or for other reasons, even if all relevant technical measures have been taken.

3. Where the results of the assessment reveal a risk to the health and safety of workers, the specific measures of prevention, protection and health surveillance laid down in Articles 5, 6 and 7 shall apply.

However, such specific measures shall not apply in cases where the results of the risk assessment show that the quantity of a dangerous chemical agent present in the workplace is not applicable. there is only a slight risk to the health and safety of workers, being sufficient to reduce the risk of the application of the principles of prevention set out in Article 4.

4. In any case, Articles 5 and 6 shall be enforced when they are exceeded:

(a) The environmental limit values set out in Annex I to this Royal Decree or in applicable specific rules.

b) In the absence of the above, the environmental limit values published by the National Institute of Safety and Hygiene at Work in the "Document on Professional Exposure Limits for Chemical Agents in Spain", whose the application is recommended by the National Safety and Health Commission at Work, unless it can be demonstrated that alternative criteria or limits are used and complied with, the application of which is sufficient, in the specific case in question, to protect the health and safety of workers.

5. The assessment of the risks arising from exposure by inhalation to a hazardous chemical agent shall include the measurement of the concentrations of the agent in the air, in the breathing area of the worker, and its subsequent comparison with the the relevant environmental limit value, as set out in the previous paragraph. The measurement procedure used must therefore be adapted to the nature of that limit value.

The measurement procedure and, in particular, the measurement strategy (the number, duration and timeliness of the measurements) and the measurement method (including, where appropriate, the requirements for measuring instruments), shall establish in accordance with specific rules which are applicable or, in the absence thereof, in accordance with the provisions of Article 5.3 of the Prevention Services Regulation.

The measurements referred to in the preceding paragraphs shall not, however, be necessary, where the employer clearly demonstrates by other means of assessment that adequate prevention and protection has been achieved, compliance with the provisions of paragraph 1 of this Article.

6. In the case of activities involving exposure to several hazardous chemical agents, the assessment shall be carried out on the basis of the risk involved in the combination of these agents.

7. The risk assessment shall be kept up to date and reviewed:

(a) When modifications are made to the existing conditions at the time the assessment was made, they may increase the risk by invalidating the results of that assessment.

(b) In the cases referred to in Article 6 (1) of the Prevention Services Regulation.

(c) Periodically, in accordance with the provisions of Article 6 (2) of that Regulation. The frequency shall be determined according to the nature and severity of the risk and the possibility of the risk being increased by inadvertent causes, taking into account the criteria set out in the Guide to which the provision refers. First of this Royal Decree.

8. In the case of a new activity in which hazardous chemical agents are used, the work must be initiated only when an assessment of the risk of such activity has been carried out and preventive measures have been applied. corresponding.

9. The assessment shall be documented in accordance with the provisions of Article 23 of the Law on the Prevention of Occupational Risks and Article 7 of the Prevention Services Regulation. In relation to the cases referred to in paragraph 5 of this Article, the documentation shall include the reasons why measurements are not considered necessary.

Article 4. General principles for the prevention of risks by chemical agents.

Risks to the health and safety of workers in jobs where there is activity with hazardous chemical agents will be eliminated or reduced to a minimum by:

a) The conception and organization of work systems in the workplace.

b) The selection and installation of the work teams.

c) Establishment of appropriate procedures for the use and maintenance of equipment used to work with hazardous chemical agents, as well as for the performance of any activity with chemical agents dangerous, or with waste containing them, including handling, storage and transfer of the waste in the workplace.

d) The adoption of adequate hygiene measures, both personal and order and cleaning.

e) The reduction of the quantities of hazardous chemical agents present in the workplace to the minimum necessary for the type of work concerned.

f) The reduction to a minimum of the number of workers exposed or likely to be.

g) The minimisation of the duration and intensity of exposures.

Article 5. Specific prevention and protection measures.

1. This Article shall apply where the risk assessment reveals the need to take the specific prevention and protection measures referred to therein, taking into account the criteria set out in paragraphs 1 and 2. Article 3 and 4 of this Royal Decree.

2. The employer shall ensure the elimination or minimisation of the risk involved in a hazardous chemical agent for the health and safety of workers during work. To this end, the employer should preferably avoid the use of such an agent by replacing it with another or by a chemical process which, according to its conditions of use, is not dangerous or to a lesser extent.

Where the nature of the activity does not permit the elimination of the risk by substitution, the employer shall ensure that the risk is minimised by applying prevention and protection measures that are consistent with the risk assessment. These measures shall include, in order of priority:

(a) The design and use of working procedures, technical controls, equipment and materials that allow, isolating the agent as far as possible, avoiding or minimizing any escape or diffusion to the environment or any direct contact with the worker who may pose a danger to the health and safety of the worker.

(b) ventilation measures or other collective protection measures, preferably applied at the origin of the risk, and appropriate measures for the organisation of work.

(c) Individual protective measures, in accordance with the provisions of the rules on the use of personal protective equipment, where the above measures are insufficient and the exposure or contact with the agent cannot be avoided by other means.

3. Without prejudice to the above paragraph, the employer shall, in particular, take the necessary technical and organisational measures to protect workers from the risks arising, where appropriate, from the presence at the place of the employer. (a) the work of agents likely to give rise to fires, explosions or other dangerous chemical reactions due to their flammable nature, their chemical instability, their reactivity against other substances present in the workplace; or any other of its physico-chemical properties.

These measures shall be appropriate to the nature and conditions of the operation, including the storage, handling and transport of the chemical agents at the place of work and, where appropriate, the separation of the agents Incompatible chemicals. In particular, the employer shall, in order of priority, take measures to:

(a) Prevent the presence at the workplace of dangerous concentrations of flammable substances or dangerous quantities of chemically unstable or incompatible substances with other substances also present in the place of work when the nature of the work permits.

(b) Where the nature of the work does not permit the adoption of the measure provided for in the previous paragraph, avoid sources of ignition which could produce fires or explosions or adverse conditions which could trigger the decomposition of chemically unstable substances or mixtures of chemically incompatible substances.

(c) To mitigate the harmful effects on the health and safety of workers arising in the event of fire, explosion or other hazardous exothermic reaction.

In any case, the work equipment and the protection systems used shall comply with the safety and health requirements laid down by the regulations governing their design, manufacture and supply.

4. In the particular case of the prevention of explosions, the measures taken shall:

(a) To take into account and be compatible with the classification in categories of the groups of apparatus set out in Annex I to Royal Decree 400/1996 of 1 March 1996 laying down detailed rules for the application of the Directive of the European Parliament and of the Council 94 /9/EC on equipment and protective systems for use in potentially explosive atmospheres.

b) Provide sufficient control of facilities, equipment and machinery, or use equipment for the suppression of explosions or relief devices against overpressure.

Article 6. Health surveillance.

1. Where the risk assessment reveals the existence of a risk to the health of workers, the employer shall carry out a health surveillance of such workers in accordance with the provisions of this Article and in Article 22 of the Prevention of Occupational Risks Act and Article 37 (3) of the Prevention Services Regulation.

2. Health surveillance shall be considered appropriate when all of the following conditions are met:

(a) The exposure of the worker to the hazardous chemical agent may be related to a particular disease or adverse health effect.

(b) Exists the likelihood of such a disease or adverse effect occurring in the concrete working conditions in which the worker develops his or her activity.

(c) Exist valid research techniques to detect symptoms of such disease or adverse health effects, the use of which is at low risk to the worker.

3. Health surveillance shall be a mandatory requirement to work with a hazardous chemical agent where it is established in a legal provision or where it is essential for the assessment of the effects of working conditions on the health of the worker because:

(a) It cannot be ensured that the worker's exposure to that agent is sufficiently controlled.

(b) The worker, taking into account his or her personal characteristics, biological status and potential disability status, and the nature of the agent, may present or develop a special sensitivity to it.

Provided that the conditions set out in paragraph 2 of this Article are met, health surveillance, including biological control, shall also be a mandatory requirement for working with chemical agents. indicated in Annex II to this Royal Decree.

4. Where, in accordance with the provisions of the preceding paragraph, health surveillance is a mandatory requirement to work with a chemical agent, the worker must be informed of this requirement before the task assigned to it is assigned to him. risks of exposure to the chemical agent in question.

5. The procedures used to carry out health surveillance shall be in accordance with the protocols referred to in Article 37 (3) (c) of the Prevention Services Regulation. For their part, these protocols, when referring to one of the agents listed in Annex II to this Royal Decree, shall include the requirements set out in that Annex.

6. The documentation on the assessment of risks by exposure to hazardous chemical agents and the monitoring of the health of workers in the face of such risks shall be in accordance with Article 23 of the Law on the Prevention of Occupational risks, in Article 7 and in paragraph 3 (c) of Article 37 of the Prevention Services Regulation.

Without prejudice to the provisions of Article 22 (3) of the Law on the Prevention of Occupational Risks, workers shall, upon request, have access to the part of this documentation that is personally affected by them.

7. In cases where health surveillance shows that:

(a) A worker suffers from an identifiable disease or harmful effects which, in the opinion of the responsible doctor, are the result of exposure to a dangerous chemical agent

or

(b) A biological limit value is exceeded as set out in Annex II.

The responsible physician or other competent health personnel shall inform the worker of the outcome of such surveillance. This information shall include, where appropriate, the health surveillance advice to which the worker is required to submit at the end of the exposure, taking into account, in this respect, the provisions of paragraph 3 (e) of the Article 37 of the Prevention Services Regulation.

8. In the cases referred to in paragraphs (a) and (b) of the preceding paragraph, the employer shall:

(a) Review the assessment of the risks referred to in Article 3.

b) Review the measures envisaged to eliminate or reduce risks in accordance with Articles 4 and 5.

(c) Take into account the recommendations of the physician responsible for health surveillance when implementing any other measures necessary to eliminate or reduce the risks, as provided for in Article 5, including the the ability to assign to the worker another job where there is no risk of new exposure.

(d) to ensure that the health surveillance of the workers concerned is maintained and that the health of other workers who have suffered a similar exposure is examined, taking into account the proposals it makes; the doctor responsible for this matter.

Article 7. Measures to be taken against accidents, incidents and emergencies.

1. This Article shall apply where the development of the risks reveals the need to take the measures against accidents, incidents and emergencies referred to therein, taking into account the criteria laid down in the Article 3 (3) of this Royal Decree, and Articles 20 and 21 of the Law on the Prevention of Occupational Risks.

2. In order to protect the health and safety of workers from accidents, incidents and emergencies which may result from the presence of dangerous chemical agents in the workplace, the employer must plan the activities to be carried out in the event of such accidents, incidents or emergencies and take the necessary measures to enable, in such a case, the proper performance of planned activities.

These measures will comprise:

(a) The installation of the systems or the provision of the necessary means, taking into account the results of the assessment to alleviate the consequences of the accident, incident or emergency, and in particular for the control of the danger situation and, where appropriate, the evacuation of workers and first aid.

(b) The training of workers who are required to perform or participate in such activities, including the practice of safety exercises at regular intervals.

c) The organization of the relations with the external services to the company, in particular in the field of first aid, emergency medical assistance, rescue and fire fighting.

d) The provision of information on emergency measures concerning hazardous chemical agents, accessible to internal and external services, including:

1. Prior notice of the relevant hazards at work, hazard determination measures, precautions and procedures, so that emergency services can establish their own procedures for intervention and its precautionary measures.

2. All information available on specific hazards arising or likely to arise during an accident or emergency, including information on the plans and procedures that have been established in accordance with the provisions of this Regulation. in this Article.

e) The establishment of the warning and communication systems that are accurate to warn of an increase in the risk involved in an emergency situation, in order to allow an adequate response and, in particular, the rapid response the beginning of the measures to control the situation of danger, as well as the operations of assistance, evacuation and rescue.

3. In the event of an accident, incident or emergency of those considered in this article, the employer shall immediately take the necessary measures to mitigate its consequences and inform the workers of the consequences. affected.

4. In order to restore normalcy:

(a) The employer shall implement appropriate measures to remedy the situation as soon as possible.

(b) Only workers who are essential for the performance of the necessary repairs and work shall be allowed to work in the affected area.

c) Workers authorised to work in the affected area shall be provided with appropriate protective clothing, personal protective equipment and specialised equipment and safety equipment to be used for the duration of the situation, which must not be permanent.

(d) You will not be allowed to remain in the affected area without protection.

Article 8. Prohibitions.

1. In order to avoid the exposure of workers to health risks arising from certain chemical agents and certain activities with chemical agents, production, manufacture or use during the work is prohibited. of the chemical agents and of the activities with chemical agents listed in Annex III to this Royal Decree. This prohibition shall not apply if the chemical agent is present in another chemical agent or as a waste component, provided that its specific concentration in the chemical agent is lower than the limit laid down in that Annex.

2. Except for compliance with the provisions of the preceding paragraph:

(a) Scientific research and experimentation activities, including analysis activities.

(b) Activities that aim to eliminate the chemical agents present in the form of by-products or waste products.

c) the activities in which the chemical agents referred to in paragraph 1 are used as intermediate products and the production of those agents for such use.

3. In cases other than the previous paragraph, the employer shall:

(a) Take appropriate precautions to protect the safety and health of the workers concerned by avoiding the exposure of those workers to the chemical agents referred to in paragraph 1.

(b) In addition, in the activities referred to in the last subparagraph of the previous paragraph, the measures necessary to ensure the quickest production and use of such agents, as intermediate products, always in a single closed system and extracted only in the minimum quantity required for process control or system maintenance.

(c) To issue to the labour authority, together with the documentation of the opening communication, all information on the measures taken to comply with the obligations set out in this paragraph and, particular:

1. The reason the exception is requested.

2. º The amounts used annually.

3. The activities and reactions or processes involved.

4. º The number of workers who may be subject to exposure.

5. The precautions taken to protect the safety and health of workers and, in particular, the technical and organizational measures taken to prevent exposure.

4. In the light of the information received, the labour authority may, after a report from the Labour and Social Security Inspectorate, extend the prohibition to that particular process or activity where it considers that the precautions taken by the Employers do not guarantee a sufficient degree of protection of the health and safety of workers.

Article 9. Information and training of workers.

1. In accordance with Articles 18 and 19 of the Law on the Prevention of Occupational Risks, the employer must ensure that workers and workers ' representatives receive adequate training and information on the risks arising from the risk of the presence of dangerous chemical agents in the workplace, as well as the prevention and protection measures to be taken in application of this Royal Decree.

2. In particular, the employer shall provide the workers or their representatives, in accordance with the criterion laid down in Article 18 (1) of that Law:

(a) The results of the assessment of the risks referred to in Article 3 of this Royal Decree, as well as the changes in those results resulting from significant changes in the conditions of the job.

(b) Information on hazardous chemical agents present in the workplace, such as their name, safety and health risks, occupational exposure limit values and other legal requirements, are applicable to them.

(c) Training and information on the appropriate precautions and measures to be taken in order to protect themselves and other workers in the workplace.

(d) Access to any technical information provided by the supplier in accordance with the rules on classification, packaging and labelling of dangerous substances and preparations.

3. The information shall be provided in the appropriate manner, taking into account its volume, complexity and frequency of use, as well as the nature and level of the risks that the assessment has shown; depending on these factors, it may be necessary to provide individual instructions and training supported by written information, or verbal communication may be sufficient. The information shall be updated whenever new circumstances need to be taken into account.

4. The signalling of the containers and pipes used for hazardous chemical agents in the workplace must satisfy the requirements laid down in Royal Decree No 485/1997 of 14 April 1997 on minimum requirements for the use of dangerous substances. safety and health signs at work and, in particular, in paragraph 4 of Annex VII to that standard. Where the signalling is not mandatory, the employer shall ensure that the nature and the hazards of the contents of the containers and pipes are clearly recognisable.

Article 10. Consultation and participation of workers.

The employer shall consult and facilitate the departure of the workers or their representatives in respect of the matters referred to in this Royal Decree, in accordance with the provisions of Article 18 (2) of the Treaty. Labor Risk Prevention Act.

Single repeal provision. Regulatory repeal.

All provisions of equal or lower rank shall be repealed as opposed to the provisions of this Royal Decree and, specifically:

(a) The second paragraph of Article 18 and Annex 2 to the Regulation of nuisance, harmful and dangerous nuisance, approved by Decree 2414/1961 of 30 November.

(b) The Regulation on the prevention of risks and the protection of workers ' health by the presence of metallic lead and its ionic compounds in the work environment, adopted by Order of 9 April 1986.

(c) Royal Decree 88/1990 of 26 January on the protection of workers by the prohibition of certain specific agents or certain activities.

Final disposition first. Preparation and updating of the Technical Guide.

The National Institute of Safety and Hygiene at Work, in accordance with the provisions of Article 5 (3) of Royal Decree 39/1997 of 17 January, approving the Regulation of the Prevention Services, develop and keep up to date a non-binding technical guide for the assessment and prevention of the risks related to the chemical agents present in the workplaces.

Final disposition second. Faculty of development.

The Minister of Labor and Social Affairs is authorized, after a favorable report of the Health and Consumer Affairs and prior report of the National Commission on Safety and Health at Work to dictate how many provisions are necessary for the application and development of this Royal Decree, as well as for the strictly technical adaptations of its annexes, in the light of technical progress and the evolution of international standards or specifications or of knowledge in protection against risks related to chemical agents.

Final disposition third. Entry into force.

This Royal Decree will enter into force on May 5, 2001.

Given in Madrid to April 6, 2001.

JOHN CARLOS R.

The Minister of the Presidency,

JUAN JOSE LUCAS GIMENEZ

ANNEX I

List of mandatory application environmental limit values

agent name

EINECS (1)

CAS (2)

Environmental limit value for daily exposure

Environmental limit value for short duration

mg/m3 (3)

ppm (4)

mg/m3 (3)

ppm (4)

Inorganic lead and its derivatives.

-

-

-

-

-

-

(1) EINECS: European Inventory of Existing Commercial Chemical Substances.

(2) CAS: Chemical Abstracts Service.

(3) mg/m3: milligrams per cubic meter of air at 20 ° C and 101,3 KPa.

(4) ppm: parts per million in volume in air (ml/m3).

ANNEX II

Mandatory application biological limit values and health surveillance measures

Lead and its ionic derivatives

(a) Biological control shall include the measurement of blood lead level using absorption spectrometry or a method of equivalent results. The biological limit value shall be: 70 µ g Pb/100 ml of blood.

(b) Medical surveillance should be carried out when: exposure to an air lead concentration exceeding 0,075 mg/m3, calculated in a weighted manner with respect to the time for a reference period of Forty hours per week, or biological control shall detect in certain workers a blood lead level of more than 40 µ g Pb/100 ml.

ANNEX III

Bans

a) Chemical agents:

EINECS (1)

CAS (2)

Agent name

Concentration limit for exemption

202-080-4

91-59-8

0.1% by

202-177-1

92-67-1

4-aminodifeline and its salts.

0.1% by weight

202-199-1

92-87-5

Bencidine and its sales.

0.1% by

202-204-7

92-93-3

4-nitrodiphenyl.

0.1% by

(1) EINECS: European Inventory of Existing Commercial Chemical Substances.

(2) CAS: Chemical Abstracts Service.

b) Activities with chemical agents: None.