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Changes to the traceability of worker exposure to carcinogenic, mutagenic, or reprotoxic chemical agents and updates to binding OELVs
Strengthening the traceability of workers exposed to carcinogenic, mutagenic, or reprotoxic chemical agents
Decree No. 2024-307 introduces new provisions regarding the traceability of worker exposure to carcinogenic, mutagenic, or reprotoxic (CMR) chemical agents.
In this context, employers must establish an updated list of workers potentially exposed to CMR chemical agents by July 5, 2024, at the latest. For each worker, this list must specify the substances to which they may be exposed, as well as information on the nature, duration, and degree of their exposure, where known.
The procedures for communicating this list are also specified. Specifically, the list and any updates must be provided to occupational health and prevention services (or, where applicable, agricultural occupational health services). The information contained therein is then added to the occupational health medical records of the workers concerned.
Furthermore, when employing temporary staff, the user company must provide the temporary employment agency with the information from the list, as well as any updates, concerning that worker.
In addition, employers must make the information from the list that concerns them personally available to the workers. They must also make the information from this list, presented in an anonymous format, available to workers and members of the Social and Economic Committee (CSE) staff delegation.
Finally, if a worker is diagnosed with an occupational disease or an abnormality that may have resulted from exposure to a reprotoxic agent, all workers who have experienced comparable exposure at the same workplace must now undergo a medical examination, potentially including additional tests.
Updating binding OELVs
In conjunction with the strengthening of worker traceability, the decree transposes the new requirements of Directive 2022/431 of March 9, 2022, into French law by establishing new binding occupational exposure limit values (OELVs) (link to the next HSE blog page: OELVs: overview and regulatory changes as of July 1st ) for the substances listed in the table below.
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