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European Agency for Safety and Health at Work

OSHA Network
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Legislation

The most important pieces of European legislation in this field are regulations on the protection of workers from the risks related to chemical agents, carcinogens (including asbestos or wood dust) and mutagens, and biological agents. By law, employers in the EU must protect their workers from being harmed by dangerous substances in the workplace. Employers must carry out risk assessments, and act on them.

European legislation establishes a hierarchy of measures that employers need to take to control the risk to workers from dangerous substances. It places elimination and substitution at the top of the hierarchy of control measures.

 

Where possible, the use of dangerous substances should be eliminated, by changing the process or product in which the substance is used.

 

If elimination is not possible, then the dangerous substance should be substituted for one that is non-hazardous or less hazardous.

 

Where the risks to workers are not prevented, control measures should be applied to remove or reduce the risks to workers’ health.

 

Specific, more strict measures apply to some substances and processes, for example for carcinogenic and mutagenic substances.

 

EU regulations on health and safety at work are incorporated into national legislation, but Member States are also entitled to include additional or more stringent provisions for the protection of workers.

 

It is therefore important to check the specific legislation in each country that may apply to the use of dangerous substances in the workplace

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For many but not all chemical products, legislation also establishes standards on classification and labelling, so that users can understand the substances they are dealing with. EU law covers the provision of clear, standardised safety labels, risk symbols, and Safety Data Sheets (which chemical manufacturers and suppliers must provide, giving information on the properties of substances, the hazards associated with them, and guidance on storage, handling, protection etc).

 

For some products, such as pharmaceuticals (e.g. cytostatic drugs) or cosmetics (e.g. hairdressing products), safety data sheets do not have to be provided by suppliers.

 

Even where SDS are available, more information might be needed in some cases. It is then necessary to:

 

  • use other sources (technical documentation, instructions for use, technical and scientific reference papers and journals);
  • ask manufacturers and suppliers;
  • consult preventive services;
  • seek advice from professional organisations (trade associations, chambers of commerce, trade unions, social security and others);
  • contact the relevant authorities.

 

The EU has also produced guidelines (see below) to protect workers from health and safety risks, including the risk of explosion.

 

 

More about EU guidelines:

Practical guidelines of a non-binding nature on the protection of the health and safety of workers from the risks related to chemical agents at work (Articles 3, 4, 5 and 6, and Annex II, section 1 of Directive 98/24/EC)

Guidelines concerning the non-binding guide of good practice for implementing Directive 1999/92/EC of the European Parliament and of the Council on minimum requirements for improving the safety and health protection of workers potentially at risk from explosive atmospheres

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