Average concentrations of total and respirable dust and changes in VLEP in 2021

Average total and respirable dust concentrations

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 a worker in premises with specific pollution.

As of January^1, 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, from July^1, 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 the event that these concentration limits cannot be respected at any point in a specific pollution area, the employer implements the organizational measures (e.g. limiting the duration of exposure) necessary to ensure that workers' exposure does not exceed these limits on average over an eight-hour period.

If you haven't already done so, we recommend :

• Measure average concentrations of total and respirable dust to check compliance with the concentration limits applicable from January^1, 2021.
• Implement technical and/or organizational measures to comply with concentration limits applicable from January^1, 2021, where applicable
• Anticipate the lowering of concentration limits on July^1, 2023 by planning the implementation of technical and/or organizational measures.

Changes in VLEP in 2021:

As a reminder, when assessing chemical risk, employers must take into account occupational exposure limit values (OELVs).

We'd like to give you an update on regulatory changes to the mandatory and indicative TLVs for 2021.

List of binding TLVs :

Addition of limit values :

Decree no. 2021-1849 of December 28, 2021 introduced 7 new binding occupational exposure limit values (VLEP). They result from the transposition of substances covered by directive (EU) 2019/983 of June 5, 2019 & directive (EU) 2019/1831 of October 24, 2019.

Decree no. 2021-434 of April 12, 2021 introduced 3 new binding occupational exposure limit values (OELVs). They result from the transposition of CMR substances covered by Directive (EU) 2019/130 of January 16, 2019.

Par ailleurs, en cohérence avec cette même directive et dans l'attente des résultats d'études menées au niveau européen, les mélanges d'hydrocarbures aromatiques polycycliques (HAP), en particulier ceux contenant du benzo[a]pyrène ont été introduits dans le tableau fixant les VLEP contraignantes sans valeur limite.

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

Lowering an existing limit value :

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

List of indicative TLVs

The decree of December 9, 2021 introduced 6 new indicative occupational exposure limit values (OELVs). They result 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 (VLEP). They stem from the transposition of CMR substances covered by Directive (EU) 2019/130 of January 16, 2019.

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If you haven't already done so, we recommend :

• find out whether any of your processes or activities could lead to the use or emission of any of the substances covered by an ELV,
• assess the risk of employee exposure to identified processes, and implement appropriate preventive measures.

For more information on the regulatory framework for VLEP, please refer to the article published in June 2020.