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CELEX 02004L0037 · v20240408

Article 5 / Prevention and reduction of exposure

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1.  
Where the results of the assessment referred to in Article 3(2) reveal a risk to workers' health or safety, workers' exposure must be prevented.

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2.  
Where it is not technically possible to replace the carcinogen, mutagen or reprotoxic substance by a substance, mixture or process which, under its conditions of use, is not dangerous or is less dangerous to health or safety, the employer shall ensure that the carcinogen, mutagen or reprotoxic substance is, in so far as is technically possible, manufactured and used in a closed system.
3.  
Where a closed system is not technically possible, the employer shall ensure that the level of exposure of workers to the carcinogen, mutagen or non-threshold reprotoxic substance is reduced to as low a level as is technically possible.
3a.  
Where it is not technically possible to use or manufacture a threshold reprotoxic substance in a closed system, the employer shall ensure that the risk related to the exposure of workers to that threshold reprotoxic substance is reduced to a minimum.
3b.  
The employer shall, with regard to reprotoxic substances other than non-threshold reprotoxic substances and threshold reprotoxic substances, apply paragraph 3a of this Article. In such a case, when carrying out the risk assessment referred to in Article 3, the employer shall duly take into account the possibility that a safe level of exposure for workers’ health for such a reprotoxic substance might not exist and shall lay down appropriate measures in that regard.
4.  
Exposure shall not exceed the limit value of a carcinogen, mutagen or a reprotoxic substance as set out in Annex III.
5.  

Wherever a carcinogen, mutagen or reprotoxic substance is used, the employer shall apply all the following measures:

(a) 

limitation of the quantities of a carcinogen, mutagen or reprotoxic substance at the place of work;

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(b) 

keeping as low as possible the number of workers exposed or likely to be exposed;

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(c) 

design of work processes and engineering control measures so as to avoid or minimise the release of carcinogens, mutagens or reprotoxic substances into the place of work;

(d) 

evacuation of carcinogens, mutagens or reprotoxic substances at source, local extraction system or general ventilation, all such methods to be appropriate and compatible with the need to protect public health and the environment;

(e) 

use of existing appropriate procedures for the measurement of carcinogens, mutagens or reprotoxic substances, in particular for the early detection of abnormal exposures resulting from an unforeseeable event or an accident;

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(f) 

application of suitable working procedures and methods;

(g) 

collective protection measures and/or, where exposure cannot be avoided by other means, individual protection measures;

(h) 

hygiene measures, in particular regular cleaning of floors, walls and other surfaces;

(i) 

information for workers;

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(j) 

demarcation of risk areas and use of adequate warning and safety signs including ‘no smoking’ signs in areas where workers are exposed or likely to be exposed to carcinogens, mutagens or reprotoxic substances;

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(k) 

drawing up plans to deal with emergencies likely to result in abnormally high exposure;

(l) 

means for safe storage, handling and transportation, in particular by using sealed and clearly and visibly labelled containers;

(m) 

means for safe collection, storage and disposal of waste by workers, including the use of sealed and clearly and visibly labelled containers.

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Art 4: Reduction and replacement
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Art 6: Information for the competent authority

Source: Content sourced from EUR-Lex and licensed under CC BY 4.0. This is an unofficial presentation; only the official EUR-Lex version is legally authentic.

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