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Directive 2004/37/EC of the European Parliament and of the CouncilShow full title
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)
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Changes over time for: Directive 2004/37/EC of the European Parliament and of the Council (Annexes only)
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[X1ANNEX I U.K. List of substances, [F1mixtures] and processes (Article 2(a)(iii))
Editorial Information
X1 Substituted by Corrigendum to 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) (Official Journal of the European Union L 158 of 30 April 2004).
Textual Amendments
F1 Substituted by 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.
1. Manufacture of auramine. U.K.
2. Work involving exposure to polycyclic aromatic hydrocarbons present in coal soot, coal tar or coal pitch. U.K.
3. Work involving exposure to dusts, fumes and sprays produced during the roasting and electro-refining of cupro-nickel mattes. U.K.
4. Strong acid process in the manufacture of isopropyl alcohol. U.K.
5. Work involving exposure to hardwood dusts (1) . U.K.
[F26. Work involving exposure to respirable crystalline silica dust generated by a work process.] U.K.
Textual Amendments
[F37. Work involving dermal exposure to mineral oils that have been used before in internal combustion engines to lubricate and cool the moving parts within the engine. U.K.
Textual Amendments
8. Work involving exposure to diesel engine exhaust emissions.] U.K.
ANNEX II U.K. Practical recommendations for the health surveillance of workers (Article 14(7))
1. The doctor and/or authority responsible for the health surveillance of workers exposed to carcinogens or mutagens must be familiar with the exposure conditions or circumstances of each worker. U.K.
2. Health surveillance of workers must be carried out in accordance with the principles and practices of occupational medicine; it must include at least the following measures: U.K.
keeping records of a worker's medical and occupational history,
a personal interview,
where appropriate, biological surveillance, as well as detection of early and reversible effects.
Further tests may be decided upon for each worker when he is the subject of health surveillance, in the light of the most recent knowledge available to occupational medicine.
[F4ANNEX III U.K. LIMIT VALUES AND OTHER DIRECTLY RELATED PROVISIONS (ARTICLE 16)
Textual Amendments
A. LIMIT VALUES FOR OCCUPATIONAL EXPOSURE U.K.
| a EC No, i.e. Einecs, ELINCS or NLP, is the official number of the substance within the European Union, as defined in Section 1.1.1.2 in Annex VI, Part 1, of Regulation (EC) No 1272/2008. | ||||||||||
| b CAS No: Chemical Abstract Service Registry Number. | ||||||||||
| c Measured or calculated in relation to a reference period of eight hours time-weighted average (TWA). | ||||||||||
| d Short-term exposure limit (STEL). A limit value above which exposure should not occur and which is related to a 15-minute period unless otherwise specified. | ||||||||||
| e mg/m 3 = milligrams per cubic metre of air at 20 °C and 101,3 kPa (760 mm mercury pressure). | ||||||||||
| f ppm = parts per million by volume in air (ml/m 3 ). | ||||||||||
| g f/ml = fibres per millilitre. | ||||||||||
| h Inhalable fraction: if hardwood dusts are mixed with other wood dusts, the limit value shall apply to all wood dusts present in that mixture. | ||||||||||
| i Respirable fraction. | ||||||||||
| j Substantial contribution to the total body burden via dermal exposure possible. | ||||||||||
| l [F5Inhalable fraction. | ||||||||||
| k Inhalable fraction. Respirable fraction in those Member States that implement, on the date of the entry into force of this Directive, a biomonitoring system with a biological limit value not exceeding 0,002 mg Cd/g creatinine in urine. | ||||||||||
| m The substance can cause sensitisation of the skin and of the respiratory tract. | ||||||||||
| n The substance can cause sensitisation of the skin.] | ||||||||||
| o Measured as elemental carbon. | ||||||||||
| Name of agent | EC No a | CAS No b | Limit values | Notation | Transitional measures | |||||
|---|---|---|---|---|---|---|---|---|---|---|
| 8 hours c | Short-term d | |||||||||
| mg/m 3 e | ppm f | f/ml g | mg/m 3 e | ppm f | f/ml g | |||||
| Hardwood dusts | — | — | 2 h | — | — | — | — | — | — | Limit value 3 mg/m 3 until 17 January 2023 |
| Chromium (VI) compounds which are carcinogens within the meaning of point (i) of Article 2(a) (as chromium) | — | — | 0,005 | — | — | — | — | — | — | Limit value 0,010 mg/m 3 until 17 January 2025 Limit value: 0,025 mg/m 3 for welding or plasma cutting processes or similar work processes that generate fume until 17 January 2025 |
| Refractory ceramic fibres which are carcinogens within the meaning of point (i) of Article 2(a) | — | — | — | — | 0,3 | — | — | — | — | |
| Respirable crystalline silica dust | — | — | 0,1 i | — | — | — | — | — | — | |
| Benzene | 200-753-7 | 71-43-2 | 3,25 | 1 | — | — | — | — | skin j | |
| Vinyl chloride monomer | 200-831-0 | 75-01-4 | 2,6 | 1 | — | — | — | — | — | |
| Ethylene oxide | 200-849-9 | 75-21-8 | 1,8 | 1 | — | — | — | — | skin j | |
| 1,2-Epoxypropane | 200-879-2 | 75-56-9 | 2,4 | 1 | — | — | — | — | — | |
| Trichloroethylene | 201-167-4 | 79-01-6 | 54,7 | 10 | — | 164,1 | 30 | — | skin j | |
| Acrylamide | 201-173-7 | 79-06-1 | 0,1 | — | — | — | — | — | skin j | |
| 2-Nitropropane | 201-209-1 | 79-46-9 | 18 | 5 | — | — | — | — | — | |
| o-Toluidine | 202-429-0 | 95-53-4 | 0,5 | 0,1 | — | — | — | — | skin j | |
| 4,4′-Methylenedianiline | 202-974-4 | 101-77-9 | 0,08 | — | — | — | — | — | skin j | |
| Epichlorohydrine | 203-439-8 | 106-89-8 | 1,9 | — | — | — | — | — | skin j | |
| Ethylene dibromide | 203-444-5 | 106-93-4 | 0,8 | 0,1 | — | — | — | — | skin j | |
| 1,3-Butadiene | 203-450-8 | 106-99-0 | 2,2 | 1 | — | — | — | — | — | |
| Ethylene dichloride | 203-458-1 | 107-06-2 | 8,2 | 2 | — | — | — | — | skin j | |
| Hydrazine | 206-114-9 | 302-01-2 | 0,013 | 0,01 | — | — | — | — | skin j | |
| Bromoethylene | 209-800-6 | 593-60-2 | 4,4 | 1 | — | — | — | — | — | |
| Diesel engine exhaust emissions | 0,05 o | The limit value shall apply from 21 February 2023 . For underground mining and tunnel construction the limit value shall apply from 21 February 2026 . | ||||||||
| Polycyclic aromatic hydrocarbons mixtures, particularly those containing benzo[a]pyrene, which are carcinogens within the meaning of this Directive | skin j | |||||||||
| Mineral oils that have been used before in internal combustion engines to lubricate and cool the moving parts within the engine | skin j | |||||||||
| [F5Cadmium and its inorganic compounds | — | — | 0,001 l | — | — | — | — | — | Limit value 0,004 mg/m 3 k until 11 July 2027 | |
| Beryllium and inorganic beryllium compounds | — | — | 0,0002 l | — | — | — | — | — | dermal and respiratory sensitisation m | Limit value 0,0006 mg/m 3 until 11 July 2026 |
| Arsenic acid and its salts, as well as inorganic arsenic compounds | — | — | 0,01 l | — | — | — | — | — | — | For the copper smelting sector, the limit value shall apply from 11 July 2023 |
| Formaldehyde | 200-001-8 | 50-00-0 | 0,37 | 0,3 | — | 0,74 | 0,6 | — | dermal sensitisation n | Limit value of 0,62 mg/m 3 or 0,5 ppm c for the health care, funeral and embalming sectors until 11 July 2024 |
| 4,4′-Methylene-bis (2-chloroaniline) | 202-918-9 | 101-14-4 | 0,01 | — | — | — | — | — | skin j | ] |
Textual Amendments
B. OTHER DIRECTLY RELATED PROVISIONS U.K.
p.m.]
ANNEX IV U.K.
Part A U.K. Repealed Directive and its successive amendments
(referred to by Article 20)
| Council Directive 90/394/EEC | ( OJ L 196, 26.7.1990, p. 1 ) |
| Council Directive 97/42/EC | ( OJ L 179, 8.7.1997, p. 4 ) |
| Council Directive 1999/38/EC | ( OJ L 138, 1.6.1999, p. 66 ) |
Part B U.K. Deadlines for transposition into national law
(referred to by Article 20)
| Directive | Deadline for transposition |
|---|---|
| 90/394/EEC | 31 December 1992 |
| 97/42/EC | 27 June 2000 |
| 1999/38/EC | 29 April 2003 |
ANNEX V U.K.
CORRELATION TABLE
| Directive 90/394/EC | This Directive |
|---|---|
| Article 1 | Article 1 |
| Article 2(a) | Article 2 (a) |
| Article 2(aa) | Article 2(b) |
| Article 2(b) | Article 2 (c) |
| Articles 3 to 9 | Article 3 to 9 |
| Article 10(1)(a) | Article 10(1)(a) |
| Article 10(1)(b), first sentence | Article 10(1)(b) |
| Article 10(1)(b), second sentence | Article 10(1)(c) |
| Article 10(1)(c) | Article 10(1)(d) |
| Article 10(1)(d), first and second sentences | Article 10(1)(e) |
| Article 10(1)(d), third sentence | Article 10(1) (f) |
| Article 10(2) | Article 10 (2) |
| Articles 11 to 18 | Articles 11 to 18 |
| Article 19(1) first subparagraph | — |
| Article 19(1) second subparagraph | — |
| Article 19(1) third subparagraph | — |
| Article 19(2) | Article 19 |
| — | Article 20 |
| — | Article 21 |
| Article 20 | Article 22 |
| Annex I | Annex I |
| Annex II | Annex II |
| Annex III | Annex III |
| — | Annex IV |
| — | Annex V] |
(1)
[X1A list of some hardwoods is to be found in Volume 62 of the Monographs on the Evaluation of Carcinogenic Risks to Humans ‘ Wood Dust and Formaldehyde ’ , published by the International Agency for Research on Cancer, Lyon, 1995.]
Editorial Information
X1 Substituted by Corrigendum to 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) (Official Journal of the European Union L 158 of 30 April 2004).
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