Jurisdiction: Republic of Ireland
Amends: Safety, Health and Welfare At Work (Carcinogens) Regulations 2001
The Safety, Health and Welfare At Work (Carcinogens) Regulations 2001 give effect to Council Directive 90/394/EEC on the protection of workers from the risks related to exposure to carcinogens and mutagens at work. Under the Regulations employers must carry out an assessment of the risks associated with the use of a carcinogen or mutagen in the work place, and take steps to control such risks by eliminating or minimising exposure.
The following amendments are made as a result of the adoption of:
- Directive (EU) 2017/2398 amending Directive 2004/37/EC on the protection of workers from the risks related to exposure to carcinogens or mutagens at work; and
- Directive (EU) 2019/130 amending Directive 2004/37/EC on the protection of workers from the risks related to exposure to carcinogens or mutagens at work.
The list of carcinogens that the Regulations apply to can now be found in Annex I of Directive 2004/37/EC on the protection of workers from the risks related to exposure to carcinogens or mutagens at work rather than as a list Schedule 1 which is therefore removed.
The limit values for occupational exposure for can now be found in Annex III of Directive 2004/37/EC rather than Schedule 2 in which they were previously listed which is also therefore removed.
A medical practitioner may now indicate the need for continued health surveillance after the end of exposure for as long as they consider it to be necessary, to safeguard the health of the employee concerned.
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