Employers' obligations with regard to CMR agents

Now that work involving exposure to respirable crystalline silica dust from work processes has been recognized as a carcinogenic process under the French Labor Code, it's worth recalling the employer's rules on CMR agents.

These are chemical agents which, in the medium or long term, have carcinogenic, mutagenic (alteration of chromosome structure and/or number) or reproductive toxic (reprotoxic) effects. These can enter the body via the respiratory tract, mouth or skin. These properties explain the need for employers to stop exposing workers to CMR agents.

Various studies show that these agents are frequently used in the workplace. It is estimated that around 10% of the working population is exposed to at least one CMR agent at work, in a wide range of sectors: construction, metallurgy, the chemical industry, pharmaceuticals, the oil industry, the wood industry, agriculture, research laboratories and even the service sector (particularly cleaning).

What is a CMR agent?

In the broadest sense, amended Regulation (EC) 1272/2008, known as the CLP Regulation, on the classification, labeling and packaging of substances and mixtures, defines 3 categories for CMR effects: 1A (proven effects), 1B (presumed effects), 2 (suspected effects).

On the other hand, the French Labour Code recognizes CMR chemical agents subject to special prevention rules:

• substances or mixtures classified as CMR category 1A or 1B (category 2 chemical agents are considered as non-CMR hazardous chemical agents). These CMR agents bear a label with the warning phrase "Danger", a specific hazard statement (H 350, H 340 or H 360) and the pictogram "Danger pour la santé" ("Danger to health");

• substances or mixtures or processes defined as carcinogenic by the decree of October 26, 2020, i.e. :
  • auramine production ;
  • work involving exposure to polycyclic aromatic hydrocarbons present in soot, tar, pitch, smoke or coal dust;
  • work involving exposure to dusts, fumes or mists produced during the roasting and electro-refining of nickel mattes;
  • strong acid processes in the manufacture of isopropyl alcohol ;
  • work involving inhalable wood dust ;
  • work involving exposure to formaldehyde ;
  • work involving exposure to respirable crystalline silica dust from work processes.

The importance of CMR agent substitution

As a first step in the prevention process, all employers must identify the CMR agents present on their site.

For the chemical agents concerned, the employer is obliged to seek substitutes in order to replace them, insofar as this is technically possible, with a substance, preparation or process which, under its conditions of use, is not or is less dangerous to the health or safety of workers.

If substitution proves impossible, the employer must assess the risks associated with worker exposure to these agents. INRS has provided the Seirich tool for this chemical risk assessment.

Employers must then take measures to avoid exposure or reduce it to the lowest possible level, and always below the occupational exposure limit values (OELVs). These measures include

• setting up work in closed systems;
• the implementation of collective technical protection measures (source capture, enclosure, room ventilation, etc.) and organizational measures (reducing the number of exposed workers, etc.);
• implementation of hygiene and emergency measures;
• as a last resort, the use of personal protective equipment.

These measures are supplemented by the employer's obligation to train/inform workers on risks and precautions to be taken, hygiene and emergency measures, and the wearing of personal protective equipment.

Controlling worker exposure

Where workers are exposed to CMR agents, the employer must comply with certain regulatory requirements, in particular the annual monitoring of worker exposure.

This inspection must be carried out by an accredited body in order to verify compliance with the VLEP.

VLEP are regularly published in French law (particularly when European texts are transposed). An appropriate city monitoring process ensures that the exposure of workers concerned does not exceed these values.

CMR agents and worker health monitoring

Workers exposed to CMR agents are subject to reinforced individual monitoring, including :

• a medical examination of fitness for employment by the occupational physician;
• an intermediate visit by a health professional, no later than two years after the visit with the occupational physician;
• a medical examination by the occupational physician, at intervals determined by the occupational physician, but not exceeding four years.

Medical examinations result in the occupational physician issuing an opinion of fitness or unfitness.

Finally, for certain categories of personnel, the use of CMR agents is highly regulated, or even prohibited. These include :

• workers under 18, for whom work involving the preparation, use, handling or exposure to CMR chemical agents is prohibited. Exemptions may be granted (subject to conditions);
• pregnant or breast-feeding women, for whom work involving the preparation, use, handling or exposure to certain CMR chemical agents is prohibited (e.g. category 1A and 1B reprotoxic agents, benzene, etc.);
• workers on fixed-term contracts and temporary workers whose work exposes them to certain CMR chemical agents, unless carried out in a closed system (e.g. manufacture of auramine, vinyl chloride, etc.) are prohibited. Exemptions may be granted (subject to conditions).

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Photo credit: Daniel Campbell