legislation-profile

Council Directive 98/24/EC of 7 April 1998 on the protection of the health and safety of workers from the risks related to chemical agents at work (fourteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)

Scope

Lays down the minimum requirements for the protection of workers from risk to their health and safety which may arise from the effects of chemical agents which are present in the workplace or as a result of any work involving chemical agents.

Exemptions

Art. 2 - Substances which only meet the criteria for hazardous to the environment under DSD and DPD (now CLP).

Regulatory activities

Risk assessment followed by implementation of measures deemed most suitable and in line with the requirements of this legislation.

Relevant product types

Not applicable

Reference documents

Throughout the legal text: Directive 89/391/EEC on the introduction of measures to encourage improvements in the safety and health of workers In relation to it being the OSH framework Directive. Recital 13 makes reference to: Directive 90/492/EEC (repealed and replaced by Directive 1999/45/EC and subsequently amended and replaced by Regulation 1272/2008 on the classification, labelling and packaging of substances and mixtures) In relation to safety data sheets. Directive 92/58/EEC on the minimum requirements for the provision of safety and/or health signs at work In relation to signs at work. Recital 21 makes reference to: Directive 91/322/EEC on establishing indicative limit values by implementing Council Directive 80/1107/EEC on the protection of workers from the risks related to exposure to chemical, physical and biological agents at work (amended by Directive 2006/15/EC) In relation to indicative limit values and the maintenance of these. Recital 23 makes reference to: Directive 80/1107/EEC on the protection of workers from risks related to exposure to chemical, physical and biological agents at work (revised, repealed and replaced by 98/24/EC) In relation to maintaining the standards of this Directive. Art. 1 makes reference to: Council Directive 90/394/EEC on the protection of workers from the risks related to exposure to carcinogens (repealed and replaced by Directive 2004/37/EC) Directive 94/55/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road (repealed by Directive 2008/68/EC) Directive 96/49/EC on the approximation of the laws of Member States with regard to the transport of dangerous goods by rail (repealed by Directive 2008/68/EC) In relation to more stringent provisions outlined in these pieces of legislation. Directive 93/75/EEC concerning minimum requirements for vessels bound for or leaving Community ports and carrying dangerous or polluting goods (repealed by Directive 2002/59/EC) In relation to IMDG code, IBC code and IGC code. Art. 2 makes reference to: Directive 67/548/EEC (amended and replaced by Regulation 1272/2008 on the classification, labelling and packaging of substances and mixtures) [DSD] Directive 88/364/EEC on the protection of workers by the banning of certain specific agents and/or certain work activities (revised, repealed and replaced by 98/24/EC)Directive 88/379/EEC (recast by Directive 1999/45/EC and subsequently amended and replaced by Regulation 1272/2008 on the classification, labelling and packaging of substances and mixtures) [DPD] In relation to the definition of hazardous chemical agent. Article 4 makes reference to: Directive 67/548/EEC (amended and replaced by Regulation 1272/2008 on the classification, labelling and packaging of substances and mixtures) Directive 88/364/EEC on the protection of workers by the banning of certain specific agents and/or certain work activities (revised, repealed and replaced by 98/24/EC)Directive 88/379/EEC (recast by Directive 1999/45/EC and subsequently amended and replaced by Regulation 1272/2008 on the classification, labelling and packaging of substances and mixtures) In relation to safety data sheets for employers carrying out their risk assessment. Art. 6 makes reference to: Directive 94/9/EC on the approximation of laws of the Member States concerning equipment and protective systems intended for use in potentially explosive atmospheres In relation to equipment group categorisation being taken into account in technical and organisational measures to be employed by the employer. Art. 8 makes reference to: Directive 67/548/EEC (amended and replaced by Regulation 1272/2008 on the classification, labelling and packaging of substances and mixtures) Directive 88/364/EEC on the protection of workers by the banning of certain specific agents and/or certain work activities (revised, repealed and replaced by 98/24/EC)Directive 88/379/EEC (recast by Directive 1999/45/EC and subsequently amended and replaced by Regulation 1272/2008 on the classification, labelling and packaging of substances and mixtures) Directive 92/32/EEC amending for the seventh time Directive 67/548/EEC on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances In reference to the obligation to supply information on hazardous chemical agents. Art. 13 makes reference to: Directive 80/1107/EEC on the protection of workers from risks related to exposure to chemical, physical and biological agents at work (revised, repealed and replaced by 98/24/EC) Directive 82/605/EEC on the protection of workers from the risks related to exposure to metallic lead and its ionic compounds at work Directive 83/477/EEC on the protection of workers from the risks related to exposure to asbestos at work (amendment) Directive 86/188/EEC on the protection of workers from the risks related to exposure to noise at work (amended) Directive 88/364/EEC on the protection of workers by the banning of certain specific agents and/or certain work activities (revised, repealed and replaced by 98/24/EC) Directive 88/379/EEC (recast by Directive 1999/45/EC and subsequently amended and replaced by Regulation 1272/2008 on the classification, labelling and packaging of substances and mixtures) In relation to the repeal and/or amendment of these Directives. Directive 96/94/EC establishing a second list of indicative limit values in implementation of Council Directive 80/1107/EEC on the protection of workers from the risks related to exposure to chemical, physical and biological agents at work In relation to remaining in force.

Obligations based on CLP hazard class

Classification and labelling provisions under DPD and DSD form the basis for definition of hazardous chemical agent, these have been repealed and replaced by CLP.

Obligations based on properties of concerns

CMR (in combination with CMD), ED, explosive, oxidising; flammable; toxic; harmful; corrosive; irritants; sensitisers

EU-level occupational exposure limits

Annex I - binding occupational exposure limits

EU-level emission limit values

No provision

Substance-centric data source(s) at the EU level

No

Industry submission system in place

Not applicable

Format for industry submission

Not applicable

Owner

DG EMPL

Update process

Not applicable

Amendments

Directive 2007/30/EC of the European Parliament and of the Council of 20 June 2007 amending Council Directive 89/391/EEC, its individual Directives and Council Directives 83/477/EEC, 91/383/EEC, 92/29/EEC and 94/33/EC with a view to simplifying and rationalising the reports on practical implementation Directive 2014/27/EU of the European Parliament and of the Council of 26 February 2014 amending Council Directives 92/58/EEC, 92/85/EEC, 94/33/EC, 98/24/EC and Directive 2004/37/EC of the European Parliament and of the Council, in order to align them to Regulation (EC) No 1272/2008 on classification, labelling and packaging of substances and mixtures Regulation (EU) 2019/1243 of the European Parliament and of the Council of 20 June 2019 adapting a number of legal acts providing for the use of the regulatory procedure with scrutiny to Articles 290 and 291 of the Treaty on the Functioning of the European Union

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