Health and Safety of Workers Directive (98/24/EC; within 89/391/EEC)

Objective
The Objective of the Directive is to lay down minimum requirements for the protection of workers from risks to their safety and health arising, or likely to arise, from the effects of chemical agents that are present at the workplace or as a result of any work activity involving chemical agents.
Background
The employer must determine whether any hazardous chemical agents are present at the workplace and assess any risk to the safety and health arising from their presence. The employer must take into consideration among other things; the hazardous properties of the chemical; information on safety and health provided by the supplier; the level, type and duration of exposure; and the effect of preventive measures taken or to be taken.
Implementation
The employer must ensure that the risk is eliminated or reduced to a minimum; preferably by substitution (replacing a hazardous chemical agent with a chemical agent or process which is not hazardous or less hazardous).The employer must regularly measure chemical agents which may present a risk to workers' health, in relation to the occupational exposure limit values. Where an occupational exposure limit value effectively established on the territory of a Member State has been exceeded, the employer must immediately take steps to remedy the situation. The employer must take appropriate technical and/or organisational measures in the order of priority indicated to:
  • prevent the presence at the workplace of hazardous concentrations of inflammable substances or hazardous quantities of chemically unstable substances or, where the nature of the work does not allow that,
  • avoid the presence of ignition sources or the existence of conditions with an adverse effect on chemically unstable substances, and
  • mitigate the detrimental effects in the event of fire or explosion, or harmful physical effects arising from unstable substances.
  • Work equipment and protective systems must comply with the relevant Community provisions, in particular with Directive 94/9/EC.
    • The employer must establish procedures (action plans) which can be implemented in the event of an accident, incident or emergency related to the presence of hazardous chemical agents at the workplace.