Reminder of TLVs and regulatory changes as of July 1

As part of the chemical risk assessment process, employers must take into account occupational exposure limit values(OELVs).

We offer a reminder on this subject and an update on the latest regulatory changes that come into force on July¹, 2020.

What is a VLEP?

This is the concentration of a hazardous chemical agent in the air that a worker can breathe over a given period. Below this value, exposure can be considered to entail no harmful risk to the worker's health.

VLEP 8h

It is measured or calculated over an 8-hour period.

Short-term VLEP

It is measured or calculated over a 15-minute period, to take into account the effects of one-off exposure.

What is a binding VLEP?

These limit values constitute references that must be respected. They are set out in Article R. 4412-149 of the French Labor Code and, for asbestos, in Article R. 4412-100 of the French Labor Code.

In case of overrun :

• in the case of a CMR (*) hazardous chemical agent, the employer must stop work at the workstations concerned, until measures have been implemented to ensure the protection of workers,
• for other hazardous chemical agents, he must immediately take the appropriate preventive and protective measures to ensure the protection of workers.

(*) the CMR agents (carcinogenic, mutagenic or toxic to reproduction) concerned are :

• those classified as CMR 1A or 1B by the CLP regulation [1] ;
• and those defined by the decree of January 5, 1993 [2].

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What is an indicative TLV?

These limit values constitute prevention objectives. They are set by the decree of June 30, 2004.

If the limit is exceeded, the employer must carry out a risk assessment to determine the appropriate prevention and protection measures.

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What is an acceptable TLV?

These are non-regulatory values that can be used as a reference. They were set by circulars between 1982 and 1996. They are gradually being replaced by binding and indicative TLVs.

What measures and controls are needed?

Inspection by an accredited body

The employer must have a technical inspection carried out by an accredited body at least once a year, and whenever a change is made that is likely to have an adverse effect on worker exposure:

• for agents classified as CMR (*) subject to indicative or restrictive VLEP,
• and for non-CMR 1A or 1B hazardous chemical agents subject to indicative or binding VLEP, except where the risk assessment concludes that the risk is low and general prevention measures are sufficient to reduce the risk.

The accredited body establishes the sampling strategy, after consulting the employer, the occupational physician and the social and economic committee (CSE). The employer must provide the accredited body with all relevant data, including the results of the chemical risk assessment.

Samples are taken by the organization at workstations in situations representative of exposure.

Regular measurements

In the case of other hazardous chemical agents, the employer must regularly measure worker exposure, based on the results of the risk assessment. The regulations do not specify how these measurements are to be carried out.

Results transmission

Measurement results and technical inspection reports must be sent to the occupational physician and to the Works Council .

What will change on July^1, 2020?

New binding and indicative ELVs have been introduced by Decree no. 2019-1487 of December 27, 2019 [3] and the Order of September 27, 2019 [4]. These limit values are applicable from July^1, 2020.

List of new binding TLVs :

Addition of limit values :

Lowering existing limit values

List of new indicative TLVs :

Conclusion

If you haven't already done so, we advise you to :

• 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.

[1] Regulation No. 1272/2008 of December 16, 2008 on classification, labeling and packaging of substances and mixtures.

[2] Arrêté du 5 janvier 1993 fixant la liste des substances, préparations et procédés cancérogènes au sens du deuxième alinéa de l'article R. 231-56 du Code du travail (Decree of January 5, 1993 establishing the list of carcinogenic substances, preparations and processes within the meaning of the second paragraph of article R. 231-56 of the Labor Code).

[3] Decree no. 2019-1487 of December 27, 2019 setting binding occupational exposure limit values for certain chemical agents.

[3] Order of September 27, 2019 setting indicative occupational exposure limit values for certain chemical agents.

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