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Chemical risk prevention concerns all businesses. Indeed, chemical products are ubiquitous in the workplace and across all sectors of activity.
Even in small quantities, these products often present significant risks that can range from simple physical harm (burns, allergies, irritation) to fires or explosions in the most serious cases.
To prevent these risks and protect workers, the Labor Code establishes specific rules that must be followed by the employer. These rules specifically target hazardous chemical agents. We provide an overview in this article!
Note: we will not cover the rules applicable to CMR agents here, as they were already addressed in this article. Feel free to (re)read it!
Assessing chemical risk
As a reminder, hazardous chemical agents (HCAs) include:
- substances and mixtures that meet the classification criteria of Annex I of the "CLP" regulation ;
- chemical agents that do not meet these classification criteria but are considered hazardous due to their properties ;
- chemical agents for which an occupational exposure limit (OEL) has been set.
As with all occupational risks, the employer must assess the risk for all activities likely to present a risk of exposure to hazardous chemical agents, including maintenance and servicing activities.
All the elements to be taken into account during this risk assessment are listed in Article R4412-6 of the Labor Code. These include, in particular:
- the hazardous properties of the chemical agents;
- health and safety information provided by the product supplier (safety data sheets);
- the nature, degree, and duration of exposure;
- in the event of simultaneous exposure to several hazardous chemical agents, the combined effects of these agents ;
- occupational exposure limit values (OELVs).
Good to know: the safety data sheet (SDS) must be provided to the employer by the party fulfilling the order (manufacturer, supplier, retailer) upon the first delivery of the product.
Every work situation involving exposure to hazardous chemical agents must be precisely analyzed to understand how the products are used and in what quantities.
The results of the risk assessment must be communicated to the Social and Economic Committee (CSE). They must also be recorded in the single occupational risk assessment document (DUER).
Note: the risk assessment must be updated regularly, particularly whenever there is a significant change to conditions that could affect the health or safety of workers.
Implementing appropriate preventive measures
Once the risk assessment has been completed, it is the employer's responsibility to define the necessary preventive measures.
These measures must primarily aim to eliminate the chemical risk. If this is not possible, they must aim to minimizing risk notably by substituting one product for another. If substitution is not possible, action must be taken regarding the design of the work process, the use of equipment and materials, and the application of collective protective measures.
Please note: it is the employer's responsibility, after consulting the Social and Economic Committee (CSE), to establish instructions setting out the maintenance conditions for collective protection installations and devices, as well as procedures for their monitoring.
As a last resort, and only if exposure cannot be reduced by other means, personal protective equipment (PPE) must be provided to exposed workers. PPE, just like collective protection devices, must be regularly checked and maintained.
Note:
When the risk assessment reveals only a low risk (for example, in the case of small quantities of hazardous chemical agents), preventive measures may be relaxed and some will not be applicable (installation checks, exposure monitoring, emergency measures, medical follow-up, workstation instructions).
Other technical and organizational measures apply to the storage, handling, and isolation of incompatible hazardous chemical agents. If these measures are not feasible, ignition sources must be avoided. Furthermore, the existence of unfavorable conditions and harmful effects on the health and safety of workers must be mitigated.
Finally, access to areas where hazardous chemical agents are used must be limited to authorized personnel and these premises must be clearly marked. Hazardous chemical products must also be labeled in accordance with current regulations (CLP labeling).
Monitoring worker exposure
For workers exposed to hazardous chemical agents, the Labor Code requires the employer to regularly measure their exposure.
When chemical agents are subject to OELs (see article R4412-149 of the Labor Code), the employer must ensure that at least once a year a technical inspection is carried out by an organization accredited by COFRAC.
Please note: this inspection must also take place in the event of any change likely to have adverse consequences on worker exposure.
In the event of an indicative OEL being exceeded
The employer must conduct a risk assessment to define appropriate measures.
In the event of an OEL being exceeded
The employer must take immediate appropriate protective and preventive measures.
Measurement results and technical inspection reports must be shared with the occupational physician and the Social and Economic Committee (CSE). They must also be made available to labor inspectors, medical labor inspectors, and prevention officers from social security organizations.
Taking emergency measures in the event of an accident or incident
To ensure a rapid response in the event of an incident or accident involving chemical products, emergency procedures must be documented in writing for every workplace where a chemical risk has been identified during the risk assessment.
They must specifically outline:
- the procedures to follow in the event of an accident;
- the alarm and alert systems to be used to initiate rescue and evacuation operations;
- the people to contact (workplace first-aiders, emergency services, etc.);
- the personnel evacuation rules to be applied in the event of an accident;
- the first aid and personal protective equipment to be used.
The employer must also ensure that emergency measures relating to hazardous chemical agents are available, particularly for internal or external emergency services in the event of an incident or accident.
All high-risk workplaces must be equipped with first aid and initial response equipment adapted to the nature of the risks, and safety drills must be organized at regular intervals.
Examples: safety showers, eyewash stations, fire extinguishers, fire hose reels, etc.
Access to the affected area must be restricted to workers essential for carrying out repairs or other work. Appropriate PPE must be provided to them, and their exposure must be limited to the strict minimum.
Informing and training workers
All workers, as well as the Social and Economic Committee (CSE), must receive information on hazardous chemical agents and have easy access to safety data sheets. They must also be trained on the precautions to take in the event of an incident or accident.
The employer is required to establish a workstation notice for every position that exposes workers to hazardous chemical agents. This notice must be updated whenever necessary. It notably outlines:
- applicable hygiene rules;
- instructions regarding the use of collective and individual protective equipment.
Medical monitoring for exposed workers
All employees exposed to chemical agents must undergo individual health monitoring. This monitoring includes, in particular, an information and prevention visit (VIP) within three months of starting the job.
Workers assigned to tasks involving exposure to hazardous chemical agents may also be eligible for a supplementary medical examination to ensure there are no medical contraindications for performing such work.
Furthermore, a supplementary examination must be scheduled for any worker exposed to hazardous chemical agents who reports feeling "unwell" due to the work they are performing. This examination may be requested by the worker.
Please note: if a worker exposed to hazardous chemical agents is absent due to illness for more than 10 days, you must notify the occupational physician.
It is also worth noting that hazardous chemical agents constitute a professional risk factor under the arduous workregulations.
Some useful definitions regarding chemical risks…
Source: Labor Code / INRS
Legislative and regulatory sources
Labor Code, Article L4412-1 (consideration of multi-exposure situations), Articles R4412-1 to R4412-57 (provisions applicable to hazardous chemical agents), Regulation (EC) No 1907/2006 [REACH] and Regulation (EC) No 1272/2008 [CLP]
General note:
Specific provisions concerning CMR agents (Carcinogenic, Mutagenic, or toxic for Reproduction) are not detailed in this article. A dedicated article on this subject will be published on our HSE Regulatory blog.
Photo credit: 351305184 @marchsirawit