Employer obligations regarding CMR agents

‍

With the recognition of work involving exposure to respirable crystalline silica dust from work processes as a carcinogenic process under the Labor Code, it is relevant to reiterate the employer's obligations regarding CMR agents.

These are chemical agents that have medium- or long-term carcinogenic, mutagenic (altering the structure and/or number of chromosomes), or reprotoxic (toxic to reproduction) effects. They can enter the body through the respiratory tract, mouth, or skin. These properties explain why it is essential for employers to eliminate worker exposure to these CMR agents.

Various studies show that these agents are frequently used in professional settings. It is estimated that approximately 10% of the working population is exposed to at least one CMR agent in the workplace across many sectors, including construction and public works, metallurgy, the chemical, pharmaceutical, and oil industries, the wood industry, agriculture, research laboratories, and even the service sector (particularly in cleaning).

What is a CMR agent?

In a broad sense, Regulation (EC) No 1272/2008, known as the CLP Regulation, on the classification, labeling, and packaging of substances and mixtures, defines three categories for CMR effects: 1A (known effects), 1B (presumed effects), and 2 (suspected effects).

However, the Labor Code recognizes the following as CMR chemical agents subject to specific prevention rules:

• substances or mixtures classified as CMR category 1A or 1B (category 2 chemical agents are considered hazardous chemical agents but not CMR). These CMR agents bear a label with the signal word "Danger," a specific hazard statement (H350, H340, or H360), and the "Health Hazard" pictogram;

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

The importance of substituting CMR agents

The prevention process first requires every employer to identify the CMR agents present at their site.

For the chemical agents in question, the employer is required to seek out substitutes to replace them, whenever technically feasible, with a substance, preparation, or process that, under its conditions of use, is not dangerous 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. In this context, the INRS has provided the Seirich tool to facilitate 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, in particular:

• implementing closed-system operations;
• implementing technical collective protection measures (source extraction, enclosure, room ventilation, etc.) and organizational measures (reducing the number of exposed workers, etc.);
• implementing 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 and inform workers about the risks and precautions to be taken, hygiene and emergency procedures, and the use of personal protective equipment.

Monitoring worker exposure

In the event of worker exposure to CMR agents, the employer must comply with certain regulatory requirements, notably the annual monitoring of worker exposure.

This monitoring must be carried out by an accredited body to verify compliance with OELVs.

OELVs are regularly published in French law (notably during the transposition of European texts). An adapted monitoring process allows for tracking these publications and ensuring that the exposure of the workers concerned does not exceed these values.

CMR agents and monitoring worker health

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

• a pre-employment medical fitness examination conducted by the occupational physician;
• an intermediate check-up performed by a healthcare professional, no later than two years after the examination with the occupational physician;
• a medical examination performed by the occupational physician, at a frequency they determine, which cannot exceed four years.

Medical examinations result in the issuance of a fitness or unfitness certificate by the occupational physician.

Finally, for certain categories of personnel, the employment of CMR agents is strictly regulated or even prohibited. This applies to:

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

‍

‍

Photo credit: Daniel Campbell