Average concentrations of total and respirable dust and changes to OELVs in 2021

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Average concentrations of total and respirable dust

Following the ANSES opinion of November 2019, Decree No. 2021-1763 of December 23, 2021, lowered the average concentrations of total and respirable dust in the atmosphere inhaled by workers in areas with specific pollution.

Thus, since January 1^st 2022, average dust concentrations must not exceed:

• 7 mg/m3 for total dust (previously 10 mg/m3);
• 3.5 mg/m3 for respirable dust (previously 5 mg/m3).

Then, starting July 1^st 2023, these values will be lowered again and must not exceed:

• 4 mg/m3 for total dust;
• 0.9 mg/m3 for respirable dust.

In cases where these concentration limits cannot be met at every point in an area with specific pollution, the employer must implement the necessary organizational measures (such as limiting exposure duration) to ensure that worker exposure does not exceed these limits on average over an eight-hour period.

If you have not already done so, we recommend that you:

• Measure the average concentrations of total and respirable dust to verify whether you are complying with the concentration limits applicable since January 1^st 2021
• Implement technical and/or organizational measures to comply with the concentration limits applicable since January 1^st January 2021, if applicable
• Anticipate the lowering of concentration limits on July 1^st 2023 by planning the implementation of technical and/or organizational measures.

Changes to OELs in 2021:

As a reminder, as part of the chemical risk assessment, the employer must take into account Occupational Exposure Limits (OELs).

We invite you to review the regulatory changes to binding and indicative OELs that occurred during 2021.

List of binding OELs:

Addition of limit values:

Decree No. 2021-1849 of December 28, 2021, introduced 7 new binding Occupational Exposure Limits (OELs). These result from the transposition of substances covered by Directive (EU) 2019/983 of June 5, 2019, and Directive (EU) 2019/1831 of October 24, 2019.

Decree No. 2021-434 of April 12, 2021, introduced 3 new binding Occupational Exposure Limits (OELs). These result from the transposition of CMR substances covered by Directive (EU) 2019/130 of January 16, 2019.

Furthermore, in line with this same directive and pending the results of studies conducted at the European level, mixtures of polycyclic aromatic hydrocarbons (PAHs), particularly those containing benzo[a]pyrene, have been added to the table setting out binding OELs without a specific limit value.

Similarly, mineral oils that have previously been used in internal combustion engines to lubricate and cool moving parts of the engine have been added to the table setting out binding OELs without a specific limit value.

Lowering of an existing limit value:

Previously, the 8-hour OEL for Cumene was 100 mg/m3 and 20 ppm.

List of indicative OELs

The decree of December 9, 2021, introduced 6 new indicative occupational exposure limit values (OELVs). These stem from the transposition of CMR substances covered by Directive (EU) 2019/983 of June 5, 2019, and substances covered by Directive (EU) 2019/1831 of October 24, 2019.

The decree of May 3, 2021, introduced 3 new indicative occupational exposure limit values (OELVs). These stem from the transposition of CMR substances covered by Directive (EU) 2019/130 of January 16, 2019.

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If you have not already done so, we recommend that you:

• check whether any of your processes or activities may lead to the use or emission of a substance subject to an OELV,
• assess the exposure risk for your employees regarding the identified processes and implement appropriate preventive measures.

If you would like more information on the regulatory framework for OELVs, please refer to the article published in June 2020.