On Thursday 5 April, the European Commission presented its third revision of the directive on carcinogens and mutagens (the so-called "DCM" directive, 2004/37/EC), to add cadmium (and its inorganic compounds), beryllium (and its inorganic compounds), arsenic acid (and its salts and inorganic compounds), formaldehyde and, finally, 4,4′-methylenebis ("MOCA") to the list of substances covered by the directive.
“Limiting exposure to cancer-causing chemicals on the work floor will improve protection for over 1 million workers”, said the Commissioner for Employment and Social Affairs, Marianne Thyssen, going on to stress that this initiative comes as part of the 10th principle of the European Pillar of Social Rights guaranteeing a healthy, safe and properly adapted workplace.
According to a Commission communication, these five substances concern around 1.07 million workers and will help to prevent 22,000 cases of work-related illnesses. However, formaldehyde represents the vast majority of these cases, as around 990,000 people are directly exposed to it. MOCA, on the other hand, affects only around 350 workers, according to the figures put forward by the Commission.
These substances are found in many sectors of activity, from battery production and zinc and copper foundry activities for cadmium, via laboratories and the glass-making industry for beryllium and arsenic acid, the construction sector and the production of fur, leather and paper for formaldehyde and the plastics sector for MOCA.
Upper limits and transition periods
In the recitals to the directive, the upper limit of 0.001 mg/m3 for cadmium could be difficult to achieve in a number of sectors, the text explains. It therefore provides for a period of seven years during which the upper limit will be set at 0.004 mg/m3. Similarly, for beryllium, the upper limit of 0.002 mg/m3 will be hard to achieve for certain sectors and a period of five years has been set in place during which an upper limit of 0.006 mg/m3 will apply. The same for arsenic acid, with a limit of 0.01 mg/m3, but a transition period of two years will be available for copper-smelting factories. Formaldehyde and 4,4'-methylenebis ("MOCA") are also subject to upper limits of 0.37 mg / m3 and 0.01 mg / m3, respectively, over a period of eight hours. There will be no transition period for either of these substances.
We are told that the European Parliament will decide on the name of the rapporteur at the meeting of the coordinators of the employment and social affairs committee (EMPL) of 26 April.
This revision follows a first one in May 2016 (see EUROPE 11551) and a second in January 2017 (see EUROPE 11700), which saw the addition of some 20 substances to the directive. In the course of the second revision, the rapporteur Claude Rolin (EPP, Belgium) secured the addition of diesel fumes (see EUROPE 11990). Commissioner Thyssen has announced that a fourth revision will take place in 2019 (see EUROPE 11830). (Original version in French by Pascal Hansens)