Directive 2004/37/EC of the European Parliament and of the Council of 29 April 2004 on the protection of workers from the risks related to exposure to carcinogens or mutagens at work (Sixth individual Directive within the meaning of Article 16(1) of Council Directive 89/391/EEC) (codified version) (Text with EEA relevance)Text with EEA relevance

• Published date: 20 February 2019
• Official Gazette Publication: Gazzetta ufficiale dell’Unione europea, L 158, 30 aprile 2004,Diario Oficial de la Unión Europea, L 158, 30 de abril de 2004,Journal officiel de l’Union européenne, L 158, 30 avril 2004

02004L0037 — EN — 10.07.2019 — 004.001

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►B DIRECTIVE 2004/37/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 29 April 2004 on the protection of workers from the risks related to exposure to carcinogens or mutagens at work (Sixth individual Directive within the meaning of Article 16(1) of Council Directive 89/391/EEC) (codified version) (Text with EEA relevance) (OJ L 158 30.4.2004, p. 50)

Amended by:

		Official Journal
		No	page	date
►M1	DIRECTIVE 2014/27/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 26 February 2014	L 65	1	5.3.2014
►M2	DIRECTIVE (EU) 2017/2398 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL Text with EEA relevance of 12 December 2017	L 345	87	27.12.2017
►M3	DIRECTIVE (EU) 2019/130 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL Text with EEA relevance of 16 January 2019	L 30	112	31.1.2019
►M4	DIRECTIVE (EU) 2019/983 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL Text with EEA relevance of 5 June 2019	L 164	23	20.6.2019

Corrected by:

►C1 Corrigendum, OJ L 229, 29.6.2004, p. 23 (2004/37/EC)

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▼B

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DIRECTIVE 2004/37/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 29 April 2004

on the protection of workers from the risks related to exposure to carcinogens or mutagens at work (Sixth individual Directive within the meaning of Article 16(1) of Council Directive 89/391/EEC)

(codified version)

(Text with EEA relevance)

CHAPTER I

GENERAL PROVISIONS

Article 1

Objective

1. This Directive has as its aim the protection of workers against risks to their health and safety, including the prevention of such risks, arising or likely to arise from exposure to carcinogens or mutagens at work.

It lays down particular minimum requirements in this area, including limit values.

2. This Directive shall not apply to workers exposed only to radiation covered by the Treaty establishing the European Atomic Energy Community.

3. Directive 89/391/EEC shall apply fully to the whole area referred to in paragraph 1, without prejudice to more stringent and/or specific provisions contained in this Directive.

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4. As regards asbestos, which is dealt with by Directive 2009/148/EC of the European Parliament and of the Council ( 1 ), the provisions of this Directive shall apply whenever they are more favourable to health and safety at work.

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Article 2

Definitions

For the purposes of this Directive,

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(a) ‘carcinogen’ means:

(i) a substance or mixture which meets the criteria for classification as a category 1A or 1B carcinogen set out in Annex I to Regulation (EC) No 1272/2008 of the European Parliament and of the Council ( 2 );

(ii) a substance, mixture or process referred to in Annex I to this Directive as well as a substance or mixture released by a process referred to in that Annex;

(b) ‘mutagen’ means:

a substance or mixture which meets the criteria for classification as a category 1A or 1B germ cell mutagen set out in Annex I to Regulation (EC) No 1272/2008;

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(c) ‘limit value’ means, unless otherwise specified, the limit of the time-weighted average of the concentration for a ‘carcinogen or mutagen’ in the air within the breathing zone of a worker in relation to a specified reference period as set out in Annex III to this Directive.

Article 3

Scope — determination and assessment of risks

1. This Directive shall apply to activities in which workers are or are likely to be exposed to carcinogens or mutagens as a result of their work.

2. In the case of any activity likely to involve a risk of exposure to carcinogens or mutagens, the nature, degree and duration of workers' exposure shall be determined in order to make it possible to assess any risk to the workers' health or safety and to lay down the measures to be taken.

The assessment shall be renewed regularly and in any event when any change occurs in the conditions which may affect workers' exposure to carcinogens or mutagens.

The employer shall supply the authorities responsible at their request with the information used for making the assessment.

3. When assessing the risk, account shall be taken of all other routes of exposure, such as absorption into and/or through the skin.

4. When the risk assessment is carried out, employers shall give particular attention to any effects concerning the health or safety of workers at particular risk and shall, inter alia, take account of the desirability of not employing such workers in areas where they may come into contact with carcinogens or mutagens.

CHAPTER II

EMPLOYERS' OBLIGATIONS

Article 4

Reduction and replacement

1. The employer shall reduce the use of a carcinogen or mutagen at the place of work, in particular by replacing it, in so far as is technically possible, by a substance, ►M1 mixture ◄ or process which, under its conditions of use, is not dangerous or is less dangerous to workers' health or safety, as the case may be.

2. The employer shall, upon request, submit the findings of his investigations to the relevant authorities.

Article 5

Prevention and reduction of exposure

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.

2. Where it is not technically possible to replace the carcinogen or mutagen by a substance, ►M1 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 or mutagen 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 is reduced to as low a level as is technically possible.

4. Exposure shall not exceed the limit value of a carcinogen as set out in Annex III.

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

(a) limitation of the quantities of a carcinogen or mutagen at the place of work;

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

(c) design of work processes and engineering control measures so as to avoid or minimise the release of carcinogens or mutagens into the place of work;

(d) evacuation of carcinogens or mutagens 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 or mutagens, in particular for the early detection of abnormal exposures resulting from an unforeseeable event or an accident;

(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;

(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 or mutagens;

(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.

Article 6

Information for the competent authority

Where the results of the assessment referred to in Article 3(2) reveal a risk to workers' health or safety, employers shall, when requested, make available to the competent authority appropriate information on:

(a) the activities and/or industrial processes carried out, including the reasons for which carcinogens or mutagens are used;

(b) the quantities of substances or ►M1 mixtures ◄ manufactured or used which contain carcinogens or mutagens;

(c) the number of workers exposed;

(d) the preventive measures taken;

(e) the type of protective equipment used;

(f) the nature and degree of exposure;

(g) the cases of replacement.

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The Member States shall take into account the information under points (a) to (g) of the first paragraph of this Article in their reports submitted to the Commission under Article 17a of Directive 89/391/EEC.

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Article 7

Unforeseen exposure

1. In the event of an unforeseeable event or an accident which is likely to result in an abnormal exposure of workers, the employer shall inform the workers thereof.

2. Until the situation has been restored to normal and the causes of the abnormal exposure have been eliminated:

(a) only those workers who are essential to the carrying out of repairs and other necessary work shall be permitted to work in the affected area;

(b) the workers concerned shall be provided with protective clothing and individual respiratory protection equipment which they must wear; the exposure may not be permanent and shall be kept to the strict minimum of time necessary for each worker;

(c) unprotected workers shall not be allowed to work in the affected area.

Article 8

Foreseeable exposure

1. For certain activities such as...